LAC DU FLAMBEAU — A federal judge has issued a preliminary injunction temporarily blocking the Lac du Flambeau Band of Lake Superior Chippewa Indians from enforcing recent restrictions on non-member fishing on a number of reservation waters.

U.S. District Judge William M. Conley of the Western District of Wisconsin handed down the order on June 17. The injunction prevents tribal President John Johnson Sr. and 15 other tribal officials from enforcing Tribal Council Resolutions 8(26), 119(26), and 131(26).

These resolutions, implemented by the tribe earlier this spring, sought to prevent the tribe from banning non-tribal anglers from fishing walleye and muskie on 19 lakes, and from enforcing a reservation-wide ban on forward trolling and forward-facing sonar.

The preliminary injunction effectively continues a temporary restraining order that the judge previously issued just ahead of the opener of fishing season on May 2. Because of the ruling, non-members are permitted to continue fishing for walleye and muskellunge under standard state of Wisconsin regulations while the lawsuit between the state and the tribe moves forward.

In his decision, Conley determined that a prior court ruling had already established the state of Wisconsin’s authority to regulate fishing by non-members. The judge also found that allowing the tribe’s fishing bans to remain active during the ongoing litigation could inflict harm upon the state’s regulatory authority.

Although the tribe presented evidence highlighting concerns over declining fish populations, Conley ruled that there was not sufficient evidence at this preliminary stage to justify maintaining the tribal restrictions.

Conley stated in his opinion that the tribe had “not even come close to showing that non-member fishing of walleye and muskellunge on Reservation lakes is necessary to avert catastrophic consequences.”

Tribe responds

Tribal leadership in a statement emphasized that their initial conservation measures were not a blanket ban on non-member fishing. The restrictions specifically targeted walleye and muskellunge fishing on just 19 lakes, leaving the vast majority of the reservation’s more than 200 lakes open for recreational fishing of other species.

“This decision is disappointing, but it does not diminish the very real concerns we have about the future of our fisheries,” tribal President John Johnson Sr. said in a media release on June 18. “The Tribe took action because we believe protecting these resources is critical for the generations who will come after us. We remain committed to defending our right and responsibility to steward the lands and waters of Waaswaaganing and will continue fighting for the future of our lakes.”

The tribe also noted that the injunction is only a temporary measure dictating the rules while the lawsuit is being decided, leaving the larger legal questions regarding tribal authority and conservation efforts unresolved.

Tribal leadership stated they remain committed to protecting treaty resources for future generations and will keep their membership informed as the case against the state of Wisconsin progresses.