Every gill net does not catch every fish that swims. Under the proposed decree, gill nets could be used as a tool to harvest fish selectively based on the size of net used, time of year, depth, and location it is fished. The proposed consent decree’s regulations would encourage gill nets to be used in ways that minimize or eliminate bycatch – catching species that are not targeted by the fisher. There would also be limits to the amount of bycatch that can be taken and prohibitions on selling many species of fish that may occasionally be caught as bycatch. The use of gill nets by Tribal fishers under the regulations of the proposed consent decree would have no impact on the recreational fishery that targets “silver fish.” The increased areas where Tribal fishers could use gill nets would be relatively small. Gill nets are set on the bottom and the vast majority of the catch would be Lake Trout or Lake Whitefish, both of which are subject to strict monitoring and harvest limits.
Gill nets are routinely used by fisheries agencies and consulting firms as a primary way of sampling fish populations. If their use in the Great Lakes was always destructive, they would not be used. In addition, the State has had to abandon gill net surveys for salmon because not enough fish could be caught in the gill nets to index a population or collect meaningful amounts of biological data.
Lastly, the State is not in a position to dictate to the Tribes what gear they use to catch their allocated share. The Tribes desire to fish with gill net because it is a traditional gear type, and it is an inexpensive gear to use and can be fished from smaller boats. During negotiations, compromise is inevitable. Taking the position that no new areas would be available to fish with gill nets was not a viable option, as it would have made it impossible to reach agreement on a new proposed decree with the other Parties. Likewise, it was never an option to simply continue the 2000 Consent Decree in perpetuity. That decree was outdated, inflexible, and an unacceptable solution to every government seated at the table.