A federal district court judge in Wisconsin intervened Friday in a legal dispute between the state and the Lac du Flambeau Band of Lake Superior Chippewa Indians over fishing rights and regulations on several reservation lakes.
Judge William Conley’s decision, issued just one day before the Wisconsin general fishing opener, blocked a series of resolutions implemented by the tribe in recent months that would have restricted non-tribal members from fishing for walleyes and muskies on 19 lakes inside the Lac de Flambeau Reservation. The tribe has said these non-member restrictions — along with related, reservation-wide bans on trolling and forward-facing sonar — are needed to protect the fisheries amid population declines.
Although the legal battle will move forward later this month, the judge’s May 1 decision allowed the Wisconsin Department of Natural Resources to proceed as usual with the season opener. The DNR said in a statement following the judge’s decision that “anglers may cast their lines as normal” in the 19 lakes on the reservation, and that it remained committed to “collaborating with the [tribe] on important conservation work.” The DNR forwarded all questions regarding the legal dispute to Gov. Evers, but the governor’s office did not immediately respond to a request for comment from Outdoor Life.
The tribe also issued a statement following Conley’s decision, saying it would comply with the judge’s order and continue working with the DNR as it plans for its next court appearance.
“The Tribe’s resolutions were adopted under the Tribe’s inherent sovereign authority to protect critically threatened Walleye and Muskellunge populations on Reservation lakes, populations on which the Tribe and its members have relied since time immemorial,” the May 1 statement reads. “The Tribe is preparing for a full hearing before the Court on May 29, 2026, where it will present the record, the Tribe’s emergency-management framework, and the legal foundation for the resolutions.”
How (and Why) the Restrictions Came About
The dispute around fishing on the roughly 86,000-acre Lac de Flambeau Reservation began on March 30, when the LDF Tribal Council approved a resolution that closed nine lakes on the reservation to walleye and muskie fishing by non-members. That resolution also included a ban on trolling by non-members on all reservation lakes for all species.
The tribe, which currently has 3,415 members, explained in its March 30 announcement that the closures were needed “to protect the Tribe’s natural resources and to ensure the long-term sustainability of fish populations for future generations.” It noted in a follow-up media release on April 7 that tribal members would not face any restrictions, since non-member fishing is not monitored as closely as tribal fishing, and because tribal members have protected treaty rights to fish on tribal lands. The tribe also clarified that all reservation lakes would remain open to non-tribal members fishing for bass, pike, and other species.
On April 16, the LDF tribe issued amendments to its resolution expanding the non-member restrictions on walleye and muskie fishing to an additional 10 lakes on the reservation. This brought the total number of restricted lakes to 19. The amendment also expanded on the trolling restrictions by establishing a reservation-wide ban on the use of forward-facing sonar by non-members.
Not surprisingly, these restrictions on non-tribal anglers caused an uproar among some Wisconsinites — many of whom took to social media, where the announcements were posted. It also spurred an ongoing conversation with the Wisconsin DNR, which noted during a government-to-government meeting how the restrictions could lead to conflicts between tribal members and non-members on the lakes.
Then, on April 29, the tribe issued a new and expanded resolution and formally declared a state of emergency. The tribe explained in its announcement that the restrictions were based on scientific data collected by Tribal fisheries managers, which showed “dangerously low Walleye and Muskellunge populations” in the 19 restricted lakes:
- Flambeau Lake
- Big Crooked Lake
- White Sand Lake
- Big Crawling Stone Lake
- Whitefish Lake
- The Sugarbush Chain (Upper, Middle, and Lower)
- Pokegama Lake
- Fence Lake
- Long Lake
- Little Crawling Stone Lake
- Stearns Lake
- Bolton Lake
- Ike Walton Lake
- Signal Lake
- Poupart Lake
- Fat Lake
- Little Sand Lake
“Our people have been stewards of these waters since time immemorial,” Tribal President John Johnson Sr. said in the tribe’s public statement on April 29. “The walleye is not just a fish to us; it is a clan relative, a traditional food source, and central to our way of life. When fish populations collapse, we have not only the right but the responsibility to act.”
The State Steps In
That same day, Wisconsin District Attorney Joshua Kaul filed a lawsuit on behalf of the state against the LDF tribe. Kaul contended in the suit that the tribe was attempting to usurp the state’s authority to regulate fishing on Wisconsin’s navigable waters, including the lakes located on the LDF Reservation. Kaul cited previous court cases that enshrined the state’s regulatory authority on these waters, and he pointed to the public-safety risks and conflicts that could arise from the tribe’s restrictions on non-tribal anglers.
“These risks include conflicts at boat landings, conflicts on the water, and general unrest in the communities near the Wisconsin lakes addressed in the Band’s Resolution,” the suit reads. “Wisconsin law enforcement officials believe that the Band’s Resolutions relating to nonmember fishing create a heightened risk of unpredictable behavior, potential confusion, conflict, and a potentially unsafe environment for anglers, law enforcement, and the public.”
The lawsuit contested the underlying reasoning for the restrictions on non-tribal muskie and walleye fishing, including the scientific data that the tribe has referenced to support such restrictions. It also questioned why, if these fisheries were in critical decline, the tribe wouldn’t expand its restrictions to tribal members as well.
“On information and belief, the Band’s Tribal Fish Hatchery Report makes no such showing of catastrophic consequences that have occurred or are likely to occur to support the Band’s purported prohibition on nonmember fishing,” the lawsuit reads. “Even accepting, for argument’s sake, that the Band’s resolutions made any factual showing of adverse consequences that could justify limitations on fishing in Wisconsin’s navigable waters, the fact that the Resolutions do not limit Band members’ fishing demonstrates that any such adverse consequences is purely pretextual.”
The tribe did not respond to a request for comment from Outdoor Life regarding the ongoing legal dispute or the scientific data that LDF claims supports the non-tribal fishing restrictions. It has also turned down multiple requests by Facebook commenters to make that data public.
“In the past, data was manipulated and weaponized against us, so as of now, data is not being shared with the public,” an LDF spokesperson wrote on Facebook in response to commenters. “We want to emphasize that we are not doing this just to do it; our Natural Resources Department and Tribal Council are extremely nervous about the state of our walleye and musky fish population.”
The tribe did, however, share another public announcement on April 30 expressing its disappointment in the state’s decision to file litigation. LDF also reiterated that its resolutions were made to address a “serious and well-documented decline” in fish populations, and because of the state’s recent decisions to cut back on fisheries investments amid budget cuts.
“We are doing what the State can no longer do,” LDF Vice President George Thompson said in the media release. “Over the past twenty years, Wisconsin DNR has closed hatcheries, reduced walleye stocking by 45 percent, reduced muskie stocking by 70 percent, and eliminated dozens of fisheries positions. Someone has to protect these fish. If the State will not, we will.”
Over the last 30 plus years, LDF fisheries managers have stocked well over 415 million walleyes on lakes in the reservation, according to the USDA. The tribe’s hatcheries have also raised more than 2 million muskie fry for stocking on reservation lakes. LDF says this conservation work will continue without interruption, regardless of the temporary restraining order that Judge Conley issued against the tribe’s resolutions on May 1.