Kara Sears
Native American tribes have relied on hunting and fishing for subsistence and trade for many centuries. In Wisconsin, the Ojibwe and Chippewa tribes have historically fought for their right to hunt and fish on their land, which was guaranteed by treaties signed with the federal government. Despite these treaties, the state of Wisconsin believed it had the right to regulate hunting and fishing and slowly began to curtail these rights. This led to violent clashes in the 1980s and 1990s, with protesters expressing racist sentiments and engaging in violent behaviour. The conflict, known as the Wisconsin Walleye War, brought to light the deep-seated racism and hatred towards Indian people in the state. Eventually, in 1983, a federal court affirmed the off-reservation hunting and fishing rights of the Chippewa and Ojibwe tribes, stating that these rights were sovereign and had never been voluntarily given up or terminated.
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What You'll Learn
The Voigt case affirmed Chippewa hunting and fishing rights
The Voigt case, or Lac Courte Oreilles Band of Chippewa Indians v. Lester P. Voigt, et al., was an important ruling that affirmed the Chippewa's hunting and fishing rights in Wisconsin. The case was brought by the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (LCO) to define and protect their off-reservation hunting, fishing, and gathering rights, which are also known as usufructuary rights.
In 1837 and 1842, the Chippewa tribes ceded their land in northern Wisconsin to the United States government through treaties. However, they retained their off-reservation hunting, fishing, and gathering rights within the ceded territory. Despite these treaties, the state of Wisconsin believed it had the authority to regulate hunting and fishing within its borders and gradually began to restrict the Chippewa's rights.
In 1983, the United States Court of Appeals for the Seventh Circuit ruled in favour of the Chippewa, affirming their off-reservation hunting, fishing, and gathering rights. The court recognised that these rights were sovereign and had never been voluntarily given up or terminated by the Chippewa or the federal government. This ruling, commonly known as the Voigt Decision or LCO I, held that neither the 1850 Executive Order nor the 1854 Treaty had extinguished the Chippewa's off-reservation rights guaranteed in the earlier treaties.
The Voigt Decision was significant as it upheld the Chippewa's long-standing rights and allowed them to exercise these rights without interference from the state. The state of Wisconsin attempted to appeal the decision to the United States Supreme Court, but their request was denied, further solidifying the Voigt ruling. This case played a crucial role in recognising and protecting the Chippewa's cultural and subsistence practices, such as fishing for muskellunge and walleye, and gathering forest products like maple sap and birchbark.
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Ojibwe spearfishing controversy in the 1980s and 90s
The Ojibwe spearfishing controversy in the 1980s and 90s, also known as the Walleye War, refers to a series of violent clashes in northern Wisconsin over the issue of Ojibwe spearfishing rights. The conflict has its roots in the treaties signed by the Ojibwe bands in 1837 and 1842, in which they ceded their lands to the federal government but retained the right to hunt, fish, and gather wild rice and maple sap on those lands.
In 1983, the United States Court of Appeals for the Seventh Circuit, in the Voigt case, affirmed the off-reservation hunting, fishing, and gathering rights of the Chippewa Tribes of Wisconsin, stating that these rights had never been voluntarily given up or terminated by the federal government. This decision stunned many Whites in northern Wisconsin, who believed that the federal court had given the Ojibwe special privileges. They also objected to the Ojibwe's traditional fishing methods, such as using torches and spears, which were illegal for other fishermen.
During the 1980s and early 1990s, violent clashes occurred at boat landings as White protesters shouted racial slurs, threw objects, and even assaulted Ojibwe fishermen. Two groups, Protect America's Rights and Resources (PARR) and Stop Treaty Rights Abuse (STA), emerged to protest Indian spearfishing. STA, led by Dean Crist, organized some of the largest and most violent protests, arguing that spearfishing would deplete fish populations and hurt tourism. In 1986, Tommy Thompson was elected governor on a platform of terminating Ojibwe treaty rights, and his administration unsuccessfully attempted to appeal the Voigt Decision.
On August 21, 1987, U.S. District Court Judge Barbara Crabb ruled that six Ojibwe tribal governments had the right to hunt and fish throughout their former territories, and that tribes had the right to establish their regulatory systems as long as they were as protective of natural resources as the state's system. In 1990, the first day of the spearing season, Governor Thompson signed a bill authorizing fines of up to $1,000 for anyone preventing Ojibwe from spearfishing. In 1991, the newly elected Wisconsin Attorney General, James Doyle, reached an agreement with the six tribes, ending further appeals of federal court rulings.
While the violence has receded in recent years, tensions over Ojibwe spearfishing rights continue to persist, and the controversy has played a role in the rebirth of Ojibwe traditions and ethnic identity.
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The Wisconsin Walleye War and racist propaganda
The Wisconsin Walleye War was a series of events that took place in Wisconsin in the late 20th century, primarily in protest of Ojibwe (Chippewa) hunting and fishing rights. The conflict centred around the interpretation of treaties from 1837 and 1842, in which the Ojibwe had ceded land in the northern one-third of Wisconsin to the United States government while reserving their off-reservation rights to hunt, fish, and gather within the ceded territory.
In 1975, the Ojibwe tribes challenged Wisconsin's attempts to regulate their off-reservation hunting and fishing practices, citing their treaty rights. This led to a ruling by U.S. District Court Judge Barbara Crabb in 1987, who affirmed the tribes' rights to hunt and fish under the treaties but also allowed the state to intervene for natural resource protection if the tribes could not establish their own regulatory system. Judge Crabb ultimately approved a natural resource code that permitted tribal members to harvest walleye during the spawning season using traditional methods, which included spearfishing.
The ruling sparked protests among sports fishermen and resort owners in Wisconsin, who were opposed to tribal members spearfishing walleye during the spawning season. These protests, which became known as the Wisconsin Walleye War, continued into the early 1990s and often turned violent and racist. Protestors carried signs with racist slogans, such as "Save a Walleye. Spear an Indian" and "Spear a pregnant squaw and save two walleye!". They also hung Indians in effigy and carried mock Indian heads on torches and spears. The protests were organised by white-centric groups that distributed propaganda and spurred outrage through posters, pamphlets, media appearances, and even a beer labelled 'Treaty Beer'.
The racist and violent nature of the protests caused them to lose public support. In 1989, Wisconsin governor Tommy Thompson formed a Treaty Rights Task Force to maintain peace and protect the tribal members' rights. In 1991, tribal supporters successfully petitioned federal courts to issue an injunction against the protesters, curbing their activities. Additionally, the newly elected Wisconsin Attorney General, James Doyle, reached an agreement with the six tribes, and the state legislature passed laws to protect hunters' rights and mandate education about local tribes and their treaty rights in schools.
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Tribal sovereignty and treaty rights
Native American tribes have relied on hunting and fishing for subsistence and trade for many centuries. Before the arrival of Europeans in North America, Indian tribes were independent, sovereign nations. Treaties signed with the federal government generally guaranteed hunting and fishing rights, with some treaties permitting tribes to hunt and fish only on their reservations, and others allowing them to continue using their accustomed off-reservation hunting and fishing grounds.
The Chippewa tribes, for example, ceded their land in the northern one-third of Wisconsin to the United States in the Treaties of 1837 and 1842, but they reserved their off-reservation rights to hunt, fish, and gather within the ceded territory. These rights were affirmed by the United States Court of Appeals for the Seventh Circuit in 1983, which stated that they were part of the sovereign rights that the Chippewa Tribes of Wisconsin have always had and that they had never been voluntarily given up or terminated by the federal government.
Despite these treaty rights, there has been significant opposition to Native American hunting and fishing practices, particularly in Wisconsin. This opposition has often been driven by racism and hatred towards Native Americans, with fears that allowing them to hunt and fish freely would lead to a total depletion of natural resources and the collapse of the resort economy. In the 1970s, the Wisconsin fishing conflict, also known as the "Walleye War," began when two members of the Lac Courte Oreilles Band of the Ojibwe Nation exercised their treaty rights to fish off-reservation, leading to their arrest and conviction for poaching by a Sawyer County judge.
During the 1980s and early 1990s, violent clashes occurred in northern Wisconsin over the issue of Ojibwe spearfishing. Protesters disseminated racist propaganda, attacked Ojibwe fishers, and engaged in mass arrests. In 1988, Judge Crabb ruled that while the state could intervene to protect natural resources, tribes had the right to establish their own regulatory system as long as it was as protective of the resource as the state's system. Crabb approved a natural resource code adopted by six tribal governments, allowing members to harvest walleye and other fish using traditional methods during the spawning season when lakes are closed to state-licensed anglers.
In the 1990s, some sportfishing groups that had originally opposed Native American fishing rights worked with northern Wisconsin tribes to protect fish populations from the impacts of industry plans for metallic sulfide mining. A Joint Assessment Steering Committee was formed to analyze the impact of sportfishing and spearfishing on walleye populations, and their research showed that spring spearing did not harm the walleye resource.
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State intervention in natural resource conservation
In the case of the Ojibwe (also known as Chippewa) tribe in Wisconsin, the state's intervention has a long and complex history. The Ojibwe tribe sold their lands to the United States in the treaties of 1837 and 1842 but retained their usufructuary rights, including the right to hunt, fish, and gather on their ceded lands. However, the state of Wisconsin believed it had the right to regulate hunting and fishing within its borders and began to curtail these rights after 1854. This led to a series of legal battles and clashes over Ojibwe spearfishing in the 1980s and early 1990s, known as the "Wisconsin Walleye War."
During this conflict, the Wisconsin Department of Natural Resources and the Great Lakes Indian Fish and Wildlife Commission reported that the Ojibwe only speared 3% of the walleye in treaty-ceded territory. Despite this, protests and racist propaganda from anti-Indian groups were widespread. In 1988, residents and visitors of Park Falls, Wisconsin, rallied against Ojibwe fishers, pressing against them and state game wardens, and trying to disrupt their fishing.
In terms of state intervention, Judge Crabb ruled that while Wisconsin could intervene to protect natural resources, tribes had the right to establish their regulatory systems first. This ruling allowed the Ojibwe to harvest walleye and other fish using traditional methods during the spawning season when lakes are typically closed to state-licensed anglers. The state legislature also passed a hunters' protection law and mandated the inclusion of information about local tribes and their treaty rights in school curricula.
In the 1990s, sportfishing groups that had initially opposed Native American fishing rights worked with northern Wisconsin tribes to protect fish populations from industry plans for metallic sulfide mining. This collaboration led to the formation of the Joint Assessment Steering Committee, which analyzed the impact of sportfishing and spearfishing on walleye populations. The research concluded that spring spearing did not harm the walleye resource, and treaty rights fishing battles gained national media attention.
In summary, state intervention in natural resource conservation in Wisconsin has been a complex and sensitive issue, involving legal battles, racial tensions, and collaborations between various stakeholder groups. The state has had to navigate between upholding treaty rights, addressing conservation concerns, and managing public sentiment.
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Frequently asked questions
Native Americans in Wisconsin have had a long history of conflict with the state over hunting and fishing rights. While treaties signed with the federal government generally guaranteed hunting and fishing rights, the state of Wisconsin believed it had the right to regulate these activities, especially off tribal reservations. In 1983, a federal court affirmed that the Chippewa/Ojibwe tribes of Wisconsin retained their off-reservation hunting and fishing rights as part of their sovereign rights.
The conflict arose due to differing interpretations of treaties signed with Native American tribes. While tribes asserted their rights to hunt and fish on ceded lands, the state of Wisconsin sought to regulate these activities to conserve natural resources. There was also opposition from non-Native Americans who believed that tribal members should be subject to the same restrictions under state laws. Additionally, there were racist sentiments and fears that free hunting and fishing by Native Americans would lead to depletion of natural resources and negatively impact regional economies.
Court decisions have played a significant role in shaping the hunting and fishing rights of Native Americans in Wisconsin. In the Blackbird case in 1901, a federal court affirmed that Wisconsin could not regulate fishing on Indian reservations. In the 1930s, the Wisconsin Supreme Court ruled that Indians could fish and hunt unhindered on their reservations but were subject to state regulations on reservation lands owned by non-Native Americans. In the 1980s, Judge Crabb ruled that tribes had the right to establish their own regulatory system for natural resource management, which could prevail if it was as protective as the state's system.
