Tribe suit claims rights to Lake Erie fishing

TOLEDO, Ohio (AP) -- The Ottawa Tribe of Oklahoma filed a lawsuit Thursday asking that it be allowed to fish commercially on Lake Erie without government restrictions.<br/><br/>The lawsuit filed against

Thursday, June 30th 2005, 10:40 am

By: News On 6

TOLEDO, Ohio (AP) -- The Ottawa Tribe of Oklahoma filed a lawsuit Thursday asking that it be allowed to fish commercially on Lake Erie without government restrictions.

The lawsuit filed against the Ohio Department of Natural Resources says the state should not be allowed to regulate or limit the tribe's fishing rights based on a 200-year-old treaty.

The tribe told the state this year that it wanted the state to recognize its fishing rights and that it intended to use gill net fishing in Lake Erie, a practice that's illegal in Ohio.

Lake Erie fishing is managed by the Ohio Department of Natural Resources. A message seeking comment was left with the department Thursday.

The tribe signed the Treaty of Fort Industry on July 4, 1805. They agreed to give up land in Ohio and received fishing rights in Lake Erie, according to the lawsuit filed in U.S. District Court.

Richard Rogovin, an attorney for the tribe, said they want to operate at least three commercial fishing boats, and that money raised would be spent on making a claim for land on North Bass Island.

Ohio Attorney General Jim Petro in early June rejected the tribe's claim for at least part of the island. He said professors at two Ohio universities found no credible evidence the tribe had inhabited, used or controlled the island.

The state bought much of the island in 2003.

Rogovin has said the Ottawas were not planning to use the claim as leverage to win a casino deal. The Ottawas are among at least three tribes that have pursued a casino in Ohio.

There are no federally recognized Indian tribes or lands in Ohio.