The conversion program for trap nets – commercial nets that allow operators to release any non-target species captured – was a creative solution to help gain agreement to the terms of the 2000 Consent Decree. It was specifically designed to last for the term of that consent decree. The unique circumstances that allowed it to be attractive to both the State and the Tribes in the year 2000 no longer exist. Trap nets were a way for Tribal fishers to have access to more water for fishing without competing with recreational fishers for Lake Trout. The only target of trap net operations was Lake Whitefish. Because Lake Whitefish were caught at a ratio of 8:1 compared to Lake Trout, the expensive trap net operations could be operated and maintained.
However, since 2000 Lake Whitefish populations in Lakes Michigan and Huron have declined by more than 80%. There are not enough Lake Whitefish to keep the same number of trap net operations viable. Only a few of the fishers who converted to trap nets as a result of the 2000 Consent Decree continue to commercially fish. Allowing retention of Lake Trout in trap nets is not a viable alternative. This would introduce competition with recreational fishers throughout the entirety of the 1836 Treaty waters, and there are not enough Lake Trout (which sell for less than half the amount that Lake Whitefish do) to support a large number of trap net operations. Also, a few trap net operations could catch the entire Tribal allocation of Lake Trout for a fishing year, putting the Tribal gill net fishers out of business, which is not an acceptable outcome to the Tribes.