Proposed changes to fisheries committee runs into tribal sovereignty issue

Opponents say a bill adding requirements to a fisheries committee that oversees Mille Lacs Lake would overstep the Legislature’s authority, despite the sponsor’s intent of increasing government transparency and openness.

Sponsored by Rep. Sondra Erickson (R-Princeton), HF2732 would allow the Department of Natural Resources commissioner to invite two fish managers to attend all meetings of the 1837 Ceded Territory Fisheries Technical Committee. The bill, as amended, was held over Thursday by the House Environment and Natural Resources Policy and Finance Committee for possible omnibus bill inclusion. There is no Senate companion.

The 1837 Ceded Territory Fisheries Technical Committee is comprised of biologists and representatives of the DNR and eight Chippewa bands. It reviews data and models used to predict the status of the walleye fishery within Mille Lacs Lake and other waters.

Rep. Sondra Erickson presents her bill to the House Environment and Natural Resources Policy and Finance Committee that would add requirements to the 1837 Ceded Territory Fishers Technical Committee. Photo by Andrew VonBank

Supporters say the bill would increase transparency and better serve those affected by the committee’s decisions.

“Rather than leaving the communities to speculate on what may or may not have taken place at these technical committee meetings, and then second guessing that the DNR is accurate in their portrayal of what happened, we get to third- and fourth-hand information and we all know where that leads: it leads to wild speculation,” said Rep. Dale Lueck (R-Aitkin).

WATCH Committee discussion of the bill 

Rep. Jamie Becker-Finn (DFL-Roseville) asked how the committee originated. Erickson said it was not established out of a court order, but as an agreement between the two parties. Becker-Finn then contended the Legislature does not have the authority to impose alterations on an agreement between two sovereign parties.

“I’m not sure why we need to legislate something we may not be able to even enforce against a sovereign nation … If the tribes are opposed to it, it’s not going to work,” Becker-Finn said. “We can’t make the tribes add additional requirements to their nation-to-nation agreement regarding their technical committee. We don’t have jurisdiction to order the tribes to do anything.”

“This is permissive and this is for state only,” Erickson replied. “This is permissive, this is the commissioner’s group.”

The two parties previously reached an agreement that allows the House and Senate chairs of the environment committees to observe, but not participate in the technical committee meetings. Erickson said she attends meetings at the behest of the governor.