Evaluation of the Effectiveness of Court-Ordered Fisheries Management Policies

Abstract

Within the 1836 Treaty waters of the Laurentian Great Lakes, fisheries allocation and management between Native and state-licensed fishers was guided by a court-ordered policy, the 1985 Consent Order. This policy was created to promote rehabilitation of lake trout (Salvelinus namaycush), reduce social conflict, and provide a framework for joint fisheries management. Expiration of the order led to creation of a replacement policy, the 2000 Consent Decree. To assess effectiveness of the 1985 Consent Order and perceptions of the 2000 Consent Decree, we conducted 46 interviews with members of pertinent stakeholder groups and their representatives. Results indicated that most stakeholders believed the 1985 Consent Order was insufficient to promote lake trout rehabilitation. Most respondents outside the Grand Traverse Bay area perceived that social conflict decreased under this policy. Tribal and DNR biologists and representatives believed fisheries management improved and became more cooperative. Many biologists and representatives anticipated the 2000 Consent Decree would be more effective at promoting lake trout rehabilitation and cooperative joint management. In contrast to some fishers, these respondents did not expect social conflict under this policy. Results indicated that court-ordered policies should allocate fisheries to provide economic opportunities and incorporate institutionalized, collaborative management processes.