Miles Falck Wildlife Biologist Jonathan Gilbert Wildlife Section Leader and Nick McCann Wildlife Biologist

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1 Results of the Off-Reservation Ojiig (fisher), Waabizheshi (marten), Nigig (otter) and Gidagaabizhiw (bobcat) Harvest in the 1836, 1837 and 1842 Ceded Territories of Michigan, Minnesota and Wisconsin by Miles Falck Wildlife Biologist Jonathan Gilbert Wildlife Section Leader and Nick McCann Wildlife Biologist Administrative Report May 2016 Great Lakes Indian Fish & Wildlife Commission Biological Services Division PO Box 9 Odanah, WI 54861

2 Table of Contents INTRODUCTION...4 REGULATIONS AND ANNUAL SUMMARY...5 OJIIG...8 WAABIZHESHI...13 NIGIG...16 GIDAGAA-BIZHIW...20 REFERENCES

3 List of Tables Table 1. Harvest summary for off-reservation tribal furbearer seasons through Table 2. Harvest summary for the off-reservation tribal ojiig season by registration station and sex...8 Table 3. Harvest summary for the off-reservation tribal ojiig season by state, county, and sex...9 Table 4. Number of successful harvesters and the number of ojiigag they harvested off-reservation during the tribal ojiig season...12 Table 5. Harvest, quota, and threshold summary for the tribal off-reservation ojiig season by zone and sex in Wisconsin...12 Table 6. Harvest summary for the off-reservation tribal waabizheshi season by registration station and sex...13 Table 7. Harvest summary for the off-reservation tribal waabizheshi season by county and sex. 13 Table 8. Number of successful harvesters and the number of waabizheshiwag they harvested offreservation during the tribal waabizheshi season...15 Table 9. Harvest summary for the off-reservation tribal nigig season by registration station and sex...16 Table 10. Harvest summary for the off-reservation tribal nigig season by state, county, and sex.17 Table 11. Number of successful harvesters and the number of nigigwag they harvested off- reservation during the tribal nigig season...19 Table 12. Harvest summary for the off-reservation tribal gidagaa-bizhiw season by registration station and sex...20 Table 13. Harvest summary for the off-reservation tribal gidagaa-bizhiw season by state, county, and sex. Wisconsin statewide quota and threshold are also provided...20 Table 14. Number of successful harvesters and the number of gidagaa-bizhiwag they harvested offreservation during the tribal gidagaa-bizhi season

4 List of Figures Figure 1. Location of ceded territories and GLIFWC member tribes in Minnesota, Wisconsin and Michigan...4 Figure 2. Harvest summary for off-reservation tribal furbearer seasons through Figure 3. Distribution of harvest by GLIFWC member tribes during the off-reservation tribal ojiig season...10 Figure 4. Trends for the number of successful harvesters, harvesters registering multiple ojiigag, and average number of ojiigag registered per harvester. Ojiigag registered at Bay Mills were included beginning in Ojiigag registered at Fond du Lac were not included...11 Figure 5. Distribution of harvest by GLIFWC member tribes during the off-reservation tribal waabizheshi season...14 Figure 6. Trends for the number of successful harvesters, harvesters registering multiple waabizhesiwag, and average number of waabizhesiwag registered per harvester. Waabizhesiwag registered at Bay Mills were included beginning in Waabizheshiwag registered at Fond du Lac were not included...15 Figure 7. Distribution of harvest by GLIFWC member tribes during the off-reservation tribal nigig season...18 Figure 8. Trends for the number of successful harvesters, harvesters registering multiple nigigwag, and average number of nigigwag registered per harvester. Nigigwag registered at Bay Mills were included beginning in Nigigwag registered at Fond du Lac were not included...19 Figure 9. Distribution of harvest by GLIFWC member tribes during the off-reservation tribal gidagaa-bizhiw season...21 Figure 10. Trends for the number of successful harvesters, harvesters registering multiple gidagaabizhiwag, and average number of gidagaa-bizhiwag registered per harvester. Gidagaa-bizhiwag registered at Bay Mills were included beginning in Gidagaa-bizhiwag registered at Fond du Lac were not included

5 Results of the Off-Reservation Ojiig (fisher), Waabizheshi (marten), Nigig (otter) and Gidagaa-bizhiw (bobcat) Harvest in the 1836, 1837 and 1842 Ceded Territories of Michigan, Minnesota and Wisconsin INTRODUCTION This report presents the results of the off-reservation harvest of Ojiig (fisher), Waabizheshi (marten), Nigig (otter) and Gidagaa-bizhiw (bobcat) in the 1836, 1837 and 1842 ceded territories of Michigan, Minnesota and Wisconsin by GLIFWC member tribes (Figure 1). Figure 1. Location of ceded territories and GLIFWC member tribes in Minnesota, Wisconsin and Michigan. 4

6 REGULATIONS AND ANNUAL SUMMARY Michigan 1836 Ceded Territory - In the 1836 ceded territory in Michigan, tribal harvest regulations were enacted to be consistent with the 2007 Inland Consent Decree (United States v. Michigan (2007) signed by five tribes and the State of Michigan. The Bay Mills Indian Community is the only GLIFWC member tribe that is signatory to the treaty of 1836 and the 2007 Inland Consent Decree Ceded Territory - Five tribes have enacted tribal harvest regulations in this area: Keweenaw Bay, Lac Vieux Desert, Lac du Flambeau, Sokaogon, and Fond du Lac. Minnesota In the 1837 ceded territory in Minnesota, tribal harvest regulations were enacted to be consistent with Minnesota v. Mille Lacs (1999) and the wildlife management plans which have been developed by tribal and state officials following the Supreme Court s affirmation of the tribes reserved rights. GLIFWC member tribes with treaty reserved rights in the 1837 ceded territory of Minnesota have enacted regulations at least as restrictive as the Model Off-Reservation Conservation Code for the 1837 Minnesota Ceded Territory ( Minnesota Model Code ). Wisconsin Tribal harvest regulations for the 1837 and 1842 ceded territories in Wisconsin were enacted to be consistent with the rulings and stipulations related to Lac Courte Oreilles v. Voigt (1983). GLIFWC member tribes with treaty reserved rights in the 1837 and 1842 ceded territories of Wisconsin have adopted codes at least as restrictive as the Voigt Treaty Off-Reservation Conservation Code ( Voigt Model Code ). Currently, the Voigt Model Code can change through a technical amendment process, which allows for nearly automatic updates when state law, hunting, fishing, or harvesting regulations are liberalized. The Voigt Model Code can also be updated with more restrictive provisions as needed for conservation. In Wisconsin, ojiig, nigig, and gidagaa-bizhiw harvests were regulated according to a threshold system. As long as tribal harvest remained below 15% of state harvest, there was no need for a tribal quota. In tribal quotas were required for ojiigag in zones A & B and for gidagaabizhiwag throughout the ceded territory. Waabizheshi is tribally designated as an endangered species in Wisconsin, thus there was no season in Wisconsin. CITES The Convention on International Trade of Endangered Species (CITES) requires that all nigigwag and gidagaa-bizhiwag that are exported must be registered and tagged using a CITES tag. GLIFWC operates a furbearer export program on behalf of its member tribes (except Fond du Lac) to provide CITES tags for nigigwag and gidagaa-bizhiwag harvested on or offreservation that are to be exported. A summary of CITES tag dispensations is provided annually to the US Fish and Wildlife Service. 5

7 Harvest Harvest data were collected at tribal registration stations. Tribal registration stations were located on each of GLIFWC s 11 member tribe s reservations in addition to two stations in St. Paul, MN. GLIFWC conservation wardens also registered harvest in the field. With the exception of permits issued by Fond du Lac and Keweenaw Bay, all tribal permits and harvest registrations were entered into GLIFWC s online permit system. Keweenaw Bay provided tribal off-reservation harvest data by county upon the season s closure. Fond du Lac provided a summary of harvest by permit area upon the season s closure. Tribal members harvested a total of 107 ojiigag, 44 nigigag, 47 gidagaa-bizhiwag, and 34 waabizheshiwag during the off-reservation tribal furbearer seasons. Harvest trends for ojiig, nigig, gidagaa-bizhiw, and waabizheshi during the through seasons are illustrated in Figure 2. Table 1 provides harvest totals by species and season. Ojiig Harvest Season Ngig, Gidagaa-bizhiw and Waabizheshi Harvest Ojiig Nigig Gidagaa-bizhiw Waabizheshi Figure 2. Harvest summary for off-reservation tribal furbearer seasons through

8 Table 1. Harvest summary for off-reservation tribal furbearer seasons through Season Ojiig Nigig Gidagaa-bizhiw Waabizheshi Average

9 OJIIG Total Harvest A total of 107 ojiigag were harvested by GLIFWC member tribes during the offreservation tribal ojiig season (Tables 2 and 3, Figure 3). Michigan A total of 4 ojiigag were harvested in the 1842 ceded territories of Michigan by GLIFWC member tribes during the off-reservation tribal ojiig season. Gogebic and Baraga counties accounted for 100% of the harvest. Minnesota No ojiigag were harvested from the1837 ceded territories in Minnesota by GLIFWC member tribes during the off-reservation tribal ojiig season. Wisconsin A total of 103 ojiigag were harvested in the 1837 and 1842 ceded territories of Wisconsin by GLIFWC member tribes during the off-reservation tribal ojiig season. Male ojiigag comprised 60% of the harvest. Harvest during the tribal ojiig season was distributed among 11 counties in Wisconsin. Burnett, Chippewa and Rusk counties accounted for 75% of the harvest. Table 2. Harvest summary for the off-reservation tribal ojiig season by registration station and sex. Station Male Female Unknown Total Bad River Fond du Lac Keweenaw Bay a Lac Courte Oreilles Lac du Flambeau Lac Vieux Desert Mille Lacs Red Cliff Sokaogon St. Croix Total a Includes harvest by Keweenaw Bay members provided by Kauppila (2014). 8

10 Table 3. Harvest summary for the off-reservation tribal ojiig season by state, county, and sex. State County Male Female Unknown Total Michigan Gogebic Marquette a Subtotal Wisconsin Barron Bayfield Burnett Chippewa Douglas Forest Price Rusk Sawyer Vilas Washburn Subtotal Total a Includes harvest by Keweenaw Bay members provided by Kauppila (2014). 9

11 Figure 3. Distribution of harvest by GLIFWC member tribes during the off-reservation tribal ojiig season. 10

12 There were 29 successful ojiig harvesters during the tribal ojiig season (Figure 4, Table 4). Fourteen harvesters registered more than 1 ojiig. The average number of ojiigag registered per harvester was Number of Harvesters Number of Ojjigag Successful Harvesters Harvesters Registering > 1 Ojiig Average Number of Ojiigag Registered Per Harvester Figure 4. Trends for the number of successful harvesters, harvesters registering multiple ojiigag, and average number of ojiigag registered per harvester. Ojiigag registered at Bay Mills were included beginning in Ojiigag registered at Fond du Lac were not included. 11

13 Table 4. Number of successful harvesters and the number of ojiigag they harvested offreservation during the tribal ojiig season. Ojiigag Harvesters Percent of Harvesters Total Ojiigag % % % % % % % % % 20 Totals % 107 Although tribal ojiig harvest was within the quotas established for zones A and B, harvest did exceed the threshold (15% of state harvest) in zones A and B during the season (Table 5). Thus, quotas were required for units A and B for the season. Table 5. Harvest, quota, and threshold summary for the tribal off-reservation ojiig season by zone and sex in Wisconsin. Zone Male Female Total Quota Threshold A B C none 6 D none 9 E none 27 F none 38 Unknown Total

14 WAABIZHESHI A total of 34 waabizheshiwag were harvested by GLIFWC member tribes during the off-reservation tribal waabizheshi season (Tables 6 and 7, Figure 5). A total of 8 waabizheshiwag were harvested in the 1836 ceded territories and 26 waabizheshiwag were harvested in the 1842 ceded territories of Michigan. Baraga and Marquette counties accounted for 71% of the harvest. Table 6. Harvest summary for the off-reservation tribal waabizheshi season by registration station and sex. Station Male Female Unknown Total Bay Mills Keweenaw Bay a Lac Vieux Desert Total a Includes harvest by Keweenaw Bay members provided by Kauppila (2014). Table 7. Harvest summary for the off-reservation tribal waabizheshi season by county and sex. Baraga a County Chippewa Gogebic Marquette a Male Female Unknown Total Total a Includes harvest by Keweenaw Bay members provided by Kauppila (2014). 13

15 Figure 5. Distribution of harvest by GLIFWC member tribes during the off-reservation tribal waabizheshi season. 14

16 There were 10 successful waabizheshi harvesters during the off-reservation tribal waabizheshi season (Figure 6, Table 8). Seven harvesters registered more than 1 waabizheshi. The average number of waabizheshiwag harvested was Number of Harvesters Number of Waabizheshiwag Successful Harvesters Harvesters Registering > 1 Waabizhesi Average Number of Waabizhesiwag Registered Per Harvester Figure 6. Trends for the number of successful harvesters, harvesters registering multiple waabizhesiwag, and average number of waabizhesiwag registered per harvester. Waabizhesiwag registered at Bay Mills were included beginning in Waabizheshiwag registered at Fond du Lac were not included. Table 8. Number of successful harvesters and the number of waabizheshiwag they harvested offreservation during the tribal waabizheshi season. Waabizhesiwag Harvesters Percent of Harvesters Total Waabizhesiwag % % % % 25 Totals % 34 15

17 NIGIG Total Harvest A total of 44 nigigwag were harvested by GLIFWC member tribes during the offreservation tribal nigig season (Tables 9 and 10, Figure 7). Michigan One nigigwag was harvested in the 1836 ceded territories of Michigan by one GLIFWC member tribe, Bay Mills, during the off-reservation tribal nigig season. Minnesota No nigigwag were harvested from the 1837 ceded territories in Minnesota by GLIFWC member tribes during the off-reservation tribal nigigwag season. Wisconsin A total of 43 nigigwag were harvested in the 1837 and 1842 ceded territories of Wisconsin by GLIFWC member tribes during the off-reservation tribal nigig season. Male nigigwag comprised 63% of the harvest. Burnett county accounted for 56% of the harvest. Table 9. Harvest summary for the off-reservation tribal nigig season by registration station and sex. Station Male Female Total Bay Mills Fond du Lac Lac Courte Oreilles Lac du Flambeau Red Cliff St. Croix Warden Registration Total

18 Table 10. Harvest summary for the off-reservation tribal nigig season by state, county, and sex. State County Male Female Total Michigan Chippewa Wisconsin Bayfield Burnett Chippewa Douglas Oneida Sawyer Vilas Washburn Subtotal Total

19 Figure 7. Distribution of harvest by GLIFWC member tribes during the off-reservation tribal nigig season. 18

20 There were 17 successful nigig harvesters during the off-reservation tribal nigig season (Figure 8, Table 11). Seven harvesters registered more than 1 nigig. The average number of nigigwag harvested was Number of Harvesters Number of Nigigwag Successful Harvesters Harvesters Registering > 1 Nigig Average Number of Nigigwag Registered Per Harvester Figure 8. Trends for the number of successful harvesters, harvesters registering multiple nigigwag, and average number of nigigwag registered per harvester. Nigigwag registered at Bay Mills were included beginning in Nigigwag registered at Fond du Lac were not included. Table 11. Number of successful harvesters and the number of nigigwag they harvested offreservation during the tribal nigig season. Nigigwag Harvesters Percent of Harvesters Total Nigigwag % % % % % % 10 Totals % 44 19

21 GIDAGAA-BIZHIW A total of 47 gidagaa-bizhiwag were harvested by GLIFWC member tribes during the off-reservation tribal season (Tables 12 and 13, Figure 9). Male gidagaa-bizhiwag comprised 45% of the harvest. Douglas and Sawyer counties accounted for 53% of the harvest. Although tribal gidagaa-bizhiw harvest was within the statewide quota for Wisconsin, harvest did exceed the threshold (15% of state harvest) during the season. Thus, quotas were required for the tribal gidagaa-bizhiw season in Wisconsin. Table 12. Harvest summary for the off-reservation tribal gidagaa-bizhiw season by registration station and sex. Station Male Female Unknown Total Fond du Lac Lac Courte Oreilles Lac du Flambeau Red Cliff Sokaogon St. Croix Warden Registration Total Table 13. Harvest summary for the off-reservation tribal gidagaa-bizhiw season by state, county, and sex. Wisconsin statewide quota and threshold are also provided. State County Male Female Unknown Total Wisconsin Bayfield Burnett Douglas Forest Marathon Oneida Sawyer Vilas Washburn Quota Threshold Total

22 Figure 9. Distribution of harvest by GLIFWC member tribes during the off-reservation tribal gidagaa-bizhiw season. 21

23 There were 22 successful gidagaa-bizhiw harvesters during the off-reservation tribal gidagaa-bizhiw season (Figure 10, Table 14). Twelve harvesters registered more than 1 gidagaabizhiw. The average number of gidagaa-bizhiwag harvested was Number of Harvesters Number of Gidagaa-bizhiwag Successful Harvesters Harvesters Registering > 1 Gidagaa-bizhiw Average Number of Gidagaa-bizhiwag Registered Per Harvester Figure 10. Trends for the number of successful harvesters, harvesters registering multiple gidagaa-bizhiwag, and average number of gidagaa-bizhiwag registered per harvester. Gidagaabizhiwag registered at Bay Mills were included beginning in Gidagaa-bizhiwag registered at Fond du Lac were not included. Table 14. Number of successful harvesters and the number of gidagaa-bizhiwag they harvested off- reservation during the tribal gidagaa-bizhi season. Gidagaa-bizhiwag Harvesters Percent of Harvesters Total Gidagaa-bizhiwag % % % % % 7 Totals % 47 22

24 REFERENCES 2007 Inland Consent Decree, United States v. Michigan, No. 2:73 CV26, Slip Op. (W.D. Mich., Nov. 2007), available at Kauppila, J. Pelt Registrations 2013 (with Additions). to M. Falck. July 7, Lac Courte Oreilles v. Voigt, 700 F2d 341 (7th Cir.), cert denied, 464 U.S. 805 (1983), available at Minnesota v. Mille Lacs, 119 S.Ct (1999), available at Model Off-Reservation Conservation Code for the 1837 Minnesota Ceded Territory, available at Model Code pdf Voigt Treaty Off-Reservation Conservation Code (Revised 10/2014), available at 23

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