State v. Whitebird

Michael Whitebird and Robert Lemieux, enrolled members of the Bad River Band of Lake Superior Chippewa, appeal judgments convicting them of operating boats on Lake Superior without valid certificates of number in violation of sec. 30.51(1), Stats. They claim that Wisconsin cannot enforce sec. 30.51 (1) against them because it lacks the required federal authority and because enforcement would be an unwarranted interference with their treaty fishing rights. We reject these arguments and conclude that Wisconsin may enforce sec. 30.51(1) on Lake Superior against enrolled members of an Indian band.