Great Lakes Consent Decree: Implications, background, history

lschultz • January 15, 2021

This is the first in a series of updates to let those interested in the sport and commercial fisheries of the Great Lakes know what is happening in the negotiation of a new agreement between the State of Michigan, the federal government and the five Michigan tribes holding a treaty right to fish within the Treaty of 1836 portion of the Great Lakes. Please note that the previous legislation MUCC and its partners have been working on related to the state-licensed commercial fisheries is separate and does not govern the sovereign tribal nations. 

Many are aware of the effects of the Treaty of 1836 and the right it grants to five Michigan Tribes to fish in the Great Lakes. For the uninitiated, though, this first update will give you a very brief background on how we got to where we are today. This background will be brief because the issues we currently face have been around for more than 50 years and books have been written that tell the history of the current issues.

Today, several facts are established regarding tribal fishing in the Great Lakes: For almost 40 years, the law has been established that the five Michigan tribes have a treaty right to fish commercially in the waters of the Great Lakes with whatever gear they wish. The treaty waters range from Grand Haven north in Lake Michigan, from roughly Alpena north in Lake Huron and from roughly Munising east in Lake Superior.

However, the tribes’ right to fish is not unlimited. At a minimum, conservation needs limit tribal fishing activity. In addition, since 1985, there have been two agreements between the State of Michigan, the federal government and the five tribes that set forth limits on all users of the lakes, including limitations on the amount of catch, the kinds of fishing gear and the areas where particular gear can be used.

These agreements also provide for communication between the parties on a regular basis, coordination of law enforcement and the exchange of information. The first agreement was negotiated and became effective in 1985. It had a 15-year term. The second became effective in 2000 and had a 20-year term. The second agreement has been extended by a federal court to June 30, 2021 while the parties try to negotiate a new agreement.

No one can deny that the fishery resources in the Great Lakes have been changing in the past few years. These changes have many possible causes, but the fact is that the Great Lakes’ fishery stocks are not what they were 10 years ago.

Against this background, the parties have been in negotiations toward a new agreement to share the fishery since last September. Due to the pandemic, however, those negotiations have been conducted via Zoom and phone conversations. This has greatly affected the effectiveness of what negotiations we have had. 

You should also be aware that all parties, including the Coalition to Protect Michigan Resources, have agreed to not “disclose any proposal, response to a proposal, or the substance of any discussion [among the Parties] ….” Thus, we are somewhat limited in what we can share publicly.

Though we cannot discuss the parties’ discussions or proposals, a look at the agreement that has governed the relationship of state-licensed and tribal fishers for the last 20 years can give you a good idea of the things that are now an issue. Those include agreements on the areas of the Great Lakes where gill nets and trap nets can be fished by the tribes, the species of fish that may be commercially targeted and the limits on the catch of various species such as whitefish, salmon, lake trout and walleye, among others. 

A review of the table of contents of the ‘ 2000 Consent Decree’  gives an outline of the issues and complexity of the fishery and the treaty right. The full agreement and other resources can be found at http://protectmiresources.com/brief-history/ . 

NEXT: In our next update, issues facing the fishery and the negotiators as they try to reach a new agreement on fishing by tribal and state-licensed fishers will be discussed.

This update is presented by the Coalition to Protect Michigan Resources (CPRM), an association of sportfishing and natural resource organizations that is participating in the negotiations. MUCC is a voting member of CPRM and contributes to the legal expenses. Please consider supporting this effort by donating to our Legal Fund by clicking here.

Recent Posts

New Partnership: Certified Wildlife Habitat with National Wildlife Federation

By Olivia Triltsch • October 23, 2025
Michigan United Conservation Clubs (MUCC) is proud to announce a new partnership with the National Wildlife Federation (NWF) to bring the Certified Wildlife Habitat ™ program to communities across Michigan. This collaboration connects MUCC’s long-standing commitment to conservation with NWF’s national effort to create, restore, and certify habitats that provide food, water, cover, and places to raise young. Together, the organizations aim to inspire individuals, schools, and communities to take action in their own backyards to support native species. Through this initiative, MUCC will help expand awareness of the Certified Wildlife Habitat program, integrate it into its volunteer network, and provide resources to landowners interested in enhancing habitat on their property. One of the greatest benefits for volunteers comes from the knowledge gained in understanding wildlife habitat enhancement, allowing for the application to private land habitat enhancement. In addition to this, much of the work we do for habitat can apply to a variety of species, from rabbits to wood ducks, even birds of prey. The partnership will also promote community engagement opportunities through educational events, workshops, and collaborative restoration projects. In coordination with efforts like the certified wildlife habitat, MUCC hopes to expand conservation efforts across Michigan. Our award-winning, statewide volunteer habitat program, On the Ground (OTG), works to conserve, protect, and enhance wildlife habitat. In 2025 alone, OTG worked with 739 volunteers across 27 habitat projects, from invasive species removal to river clean-ups. Through the hard work contributing over 2,900 volunteer hours, habitat stewards were able to improve 423 acres of land for wildlife conservation in Michigan. Although OTG projects are not active year-round, we encourage Michigan residents to continue land stewardship on both public and private lands. To qualify for certification through the Certified Wildlife Habitat program, a property must include: Three natural food sources One water source Two places for shelter Two places to raise young Two sustainable practices To determine if your habitat qualifies, visit the NWF website and take the habitat quiz or download the checklist. If your habitat needs native plants, check out Garden for Wildlife to find species native to your area. The $25 application fee includes a personalized paper certificate, a 1-year NWF membership, and the option to purchase lawn plaques and garden flags. Habitats located on school grounds do not have a fee to get certified, so check to see what you might need to qualify today. If you are interested in joining our On the Ground program for the 2026 season, stay connected through our Facebook , Instagram , and OTG webpage for upcoming events.

On the Ground Junior: Fall Event Recap

By Olivia Triltsch • October 16, 2025
In 2025, the On the Ground program conducted 8 junior projects with schools involving 316 students from across the state. From tree plantings to invasive species removal, these students worked to enhance 39.3 acres of public land after contributing over 200 volunteer hours. Visit our website to learn more information about our On the Ground program and On the Ground Junior . To wrap up the 2025 field season, the On the Ground program worked with two classrooms to enhance wildlife habitat and recreational access. Junior programs like these allow teachers to get their students out of the classroom and into hands-on learning about the importance of habitat work while meeting individuals in the field.

October NRC Recap

By Justin Tomei • October 9, 2025
The Natural Resources Commission met today, Thursday, October 9th for their October meeting. The commission reaffirmed its intent to allow for lethal year-round coyote management on public and private land via a unanimously passed resolution before passing fisheries orders, and tabling more for consideration in November. The commission passed Fisheries Orders 210.26 , and 254.25 before tabling 206.26, 219.26 , and 253.26 . Commissioner John Walters provided an amendment to the fisheries order to expand underwater spearfishing opportunities to most of the Great Lakes, allowing for some spatial closures for the protection of particularly sensitive areas. The commission took steps to make good on their promise to allow year-round coyote management, unanimously passing a resolution more clearly stating their intent and what the pending wildlife conservation order will look like. The next meeting is Thursday November 6 in Lansing.
More Posts