Little Bay de Noc Fishing Reports

MANISTIQUE - A tribal hearing was held Friday in Manistique to explain the $15,214 in restitution which three men were recently ordered to pay in connection with illegal commercial fishing operations in Little Bay de Noc.

Andrew, John and Kevin Schwartz - brothers from Rapid River and members of the Sault Ste. Marie Tribe of Chippewa Indians - were sentenced last August on 79 violations of tribal rules relating to commercial fishing. The incidents occurred in early 2009 and were investigated by the Michigan Department of Natural Resources & Environment (DNRE).

The three men each had their tribal fishing rights taken away from them during their joint sentencing at the tribal center in Manistique on Aug. 20. They were assessed a total of $13,175 in fines and costs and $15,214 in restitution.

The Schwartz's defense lawyers requested the clarity hearing which took place on Friday, according to Brenda Brownlee, civil clerk for the Sault Ste. Marie Chippewa Tribal Court headquartered at Sault Ste. Marie, Mich.

Brownlee also confirmed the Schwartz's have appealed the judge's Aug. 20 order, including restitution. An appeal had to be filed within 30 days of the judgment. The paperwork was filed in tribal court on Sept. 16, she said.

The Honorable Chief Judge Jocelyn K. Fabry based restitution on the market value of the fish which the three men were found to be responsible for in the DNRE investigation during early 2009, said Conservation Officer Cpl. Shannon VanPatten.

VanPatten was the first to discover the illegal fishing after reviewing commercial fisheries records in the fall of 2008. She noticed an unusual high amount of walleye being sold in the wholesale commercial fish market over the winter months during past years. Records also showed an unexplained drop in angler harvests.

Following several hours of surveillance and information gathering, the DNRE seized 265 pounds of fish illegally harvested from Little Bay de Noc and 1,200 feet of gill nets in late February 2009. Officials estimated more than 72,000 pounds of walleye and other fish were illegally taken from the bay during a five-year period.

According to the tribal judgments handed down in August, the fines, costs and restitution against the Schwartz brothers must be paid to the court in monthly payments during the next five years. The first payment was due Oct. 1.

Andrew was ordered to pay $4,300 in fines and $800 in costs on 32 violations. John was ordered to pay $3,300 in fines and $550 in costs on 22 violations. Kevin was ordered to pay $3,600 in fines and $625 in costs on 22 violations.

In addition to the above citations, Andrew, John and Kevin were permanently revoked of their tribal subsistence fishing license for violating the following: subsistence fishermen shall be limited to 100 pounds of catch in possession; no tribal member shall allow a person without a subsistence fishing license to assist in any fishing activity; subsistence fishermen shall not sell or exchange for value any of the catch; and no subsistence fisherman shall set a gill net within 50 feet of another gill net.

According to the court judgement, Andrew was also found in violation of an additional section of the tribal fishing code: subsistence gill netting is limited to one net of 300 feet or less per vessel per day.

Property used to commit the violations and later seized during the investigation were four gills nets and four snowmobiles which remain in the possession of the tribal police, said Brownlee.

The Schwartz brothers were among six men charged with violations relating to the illegal fishing operations. Garden residents Troy and Wade Jensen, also tribal members, are wholesalers who allegedly bought the fish from the Schwartz brothers. Their case is being processed in tribal court. A non-Native from Delta County allegedly engaged in illegal fishing with the Schwartz's. The Delta County prosecutor continues to review this case.

Troy and Wade Jensen were arrested Friday in connection with an illegal commercial fishing operation dating back to 2006, added Brownlee. During a pretrial at the tribal center Friday, the two were charged with failing to comply with a recent tribal order increasing their court fees in the 2006 case. They will go to trial on the matter in December, according to Brownlee.

The Jensen's were arrested and lodged in the Schoolcraft County Jail on Friday, confirmed a jail official Tuesday morning. The charge was contempt of court for failing to pay fines and costs relating to the 2006 case when they were charged with commercial fishing without a commercial license. The Jensen's were in jail for nearly three hours before bond was posted and they were released, said the jail official.

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Jenny Lancour, (906) 786-2021, ext. 143, jlancour@dailypress.net