Navigating the waters

Recent allegations by local fisherman Rich Beauchaine have cast a spotlight on fishing activities by the Bay Mills Tribe in Au Train Bay, raising questions about compliance with tribal treaty rights and conservation practices.

The claims, centered on alleged violations of the 1836 Treaty of Washington and the 2023 Great Lakes Decree, have drawn attention from local, state and federal agencies.

Beauchaine took to social media to allege that gill nets set by tribal fishers were placed too close to the Au Train River mouth, a potential violation of the decree’s 0.3-mile restriction. He also claimed improper disposal of fish waste and raised concerns about the ecological impact of gill nets.

Beauchaine stated he had contacted federal authorities, local law enforcement and the Michigan Department of Natural Resources, adding that “three issues had been raised that were illegal.” The allegations have highlighted the complex web of agencies responsible for managing natural resources, enforcing treaties and ensuring public safety in Michigan. Understanding how these agencies work together can help clarify the process behind such investigations and oversight.

At the state level, the Michigan Department of Natural Resources (DNR) oversees conservation and fishing regulations, ensuring compliance with treaties like the 1836 Treaty of Washington and the 2023 Great Lakes Decree. Within the DNR, specialized teams focus on fisheries management and enforcement, often collaborating with other agencies.

For example, the DNR works closely with the Great Lakes Indian Fish and Wildlife Commission (GLIFWC) and the Chippewa Ottawa Resource Authority (CORA), both intertribal organizations that help manage their treaty rights and natural resources.

GLIFWC also has its own conservation enforcement division, which patrols areas like Au Train Bay to monitor activities and ensure compliance with regulations. The focus of these organizations is to monitor harvest and perform fishery assessments in the 1842 treaty-ceded waters of Lake Superior.

Federal agencies also play a role. The U.S. Coast Guard handles navigational safety and maritime law enforcement, particularly on the Great Lakes. Meanwhile, EGLE — Michigan’s Department of Environment, Great Lakes, and Energy — focuses on pollution prevention and environmental quality, working in tandem with the DNR and other agencies to protect ecosystems like Lake Superior.

Locally, law enforcement agencies like the Michigan State Police, the Munising City Police Department and the Alger County Sheriff’s Office maintain public safety and may collaborate with state and federal authorities when jurisdiction overlaps. Their involvement ensures that concerns raised by community members, like Beauchaine’s, are thoroughly investigated when they fall within their scope.

Land management agencies, such as the Hiawatha National Forest and Pictured Rocks National Lakeshore, also contribute to the broader ecosystem’s health, often partnering with other organizations to address habitat and resource management.

This intricate network of agencies and their respective roles demonstrates the complexity of managing the Great Lakes’ resources and addressing claims like those raised by Beauchaine. However, collaboration between these groups ensures that treaty rights, conservation goals and public safety are balanced.

Refocusing on the core issues raised, Michigan State Police, along with local law enforcement, stated that they were not involved in any investigations and had no knowledge of these allegations. A spokesperson from the FBI’s Detroit Field Office redirected questions to the U.S. Fish & Wildlife Service.

The DNR, which enforces fishing regulations in Michigan, addressed Beauchaine’s claims directly. “Since the 2023 decree allowed commercial fishing in Au Train Bay, we’ve closely monitored the area and have not documented any violations,” said David Caroffino, the DNR’s Lake Superior Basin coordinator and tribal liaison. “Our officers have inspected fishing activity, including the placement of nets, and found no evidence of non-compliance.”

Caroffino explained that the 1836 Treaty of Washington granted sovereign fishing rights to tribes in ceded territories, a framework reaffirmed and regulated by legal agreements such as the 2000 Consent Decree and its successor, the 2023 Great Lakes Decree. “The new decree is not a consent decree because not all parties agreed to its terms,” Caroffino said. “Instead, it was enacted by court order to balance tribal fishing rights, state opportunity and conservation.”

The Bay Mills Indian Community, a signatory to the treaty and decree, provided statements defending its practices and pointing out their alignment with treaty obligations and sustainable fisheries management.

“We take our responsibilities under the 1836 Treaty of Washington and the 2023 Great Lakes Decree very seriously,” said Bay Mills Indian Community President Whitney Gravelle. “Fishing in Lake Superior by our members is conducted in compliance with the treaty and court-ordered decree.”

Concerned citizens like Beauchaine have taken issue with the use of gill nets. “Gill nets are very dangerous,” he said. “They’re not good for the Great Lakes because they catch everything. Once a fish is caught in a gill net, it’s often dead or too damaged to survive if released.”

Gravelle said, “Our ancestors have used gill nets since before the time of Christ, and they remain an integral part of our cultural traditions and stewardship practices. Claims that gill nets are causing harm to fish populations are rooted in misconceptions. The true challenges to the Great Lakes fishery lie in climate change, invasive species and environmental degradation, not traditional fishing practices.”

In Part 2 of this series next week, officials discuss the use of gill nets and reiterate that regulatory oversight of tribal fishing in Au Train Bay has revealed no unlawful activity.