HBAAA readies for new court case on inland tribal fish, hunt, trap rights
The Hammond Bay Area Anglers Association conducted its annual banquet at Belknap Township Hall Saturday with more than 70 persons in attendance to hear the state of the association and to hear guest speaker attorney Steve Schultz present a court?s-eye-view on the tribal inland lakes, rivers, and lands hunting, fishing, and trapping rights.
This is of particular interest because unlike Great Lakes commercial fishing rights, it involves privately-owned lands that are open to the public that would allow unlimited tribal use with no state restrictions. ?Yesterday, at 3:30 p.m. we filed a motion on the inland aspect of the fishing case,? said attorney Schultz. ?It was an answer to the United States complaint which was filed on Monday ? alleging the tribes have inland rights ? and the state said they would not oppose the request for HBAAA along with eight other groups to become a full party in the case.?
SCHULTZ SAID he would be surprised if the tribes went along with that position. If the tribes are opposed, an opposition will be filed which would result in a court-related argument on the issue. ?If that is the case we would have to go to federal court sometime in July, to see if we are allowed to intervene,? Schultz added. The fishery coalition, of which Hammond Bay is a part ? also includes two individuals who own lands on the Au Sable, and another who owns frontage on Burt Lake, and the Walloon Lake Trust and Land Conservative ? that has 900 acres of land that?s open to the public. Some of those lands also allow hunting on portions of that land. All are members involved in the fishery coalition?s request to become full partners in the tribal case.
The fishing coalition consists of HBAAA, the Michigan Chamber of Commerce, the Michigan Council of Trout Unlimited, the Grand Traverse Area Sport Fishing Association, the Burt Lake Preservation Association, the Walloon Lake Trust and Conservancy, and the Blue Water Sportfishing Association.
THE FIVE Michigan tribes claiming they have a treaty-guaranteed right to fish in Michigan?s lakes and streams without complying with Michigan law regulating fishing activity are the Bay Mills Indian Community in Brimley, the Grand Traverse Band of Ottawa and Chippewa Indians in Peshabestown, the Little River Band of Ottawa Indians in Manistee, the Little Traverse Bay Bands of Odawa Indians in Petoskey, and the Sault Ste. Marie Tribe of C
?Right now the tribes use hunt and fish regulations that mirror the state?s regulations. But will they change those regulations if the courts decide they have the right to use the land?? Schultz said. Schultz told banquet attendees they may keep abreast of the court case rulings by logging onto the Internet at www.mfrcc.com and checking out the legal documents which are all on file for viewing.