Little Bay de Noc Fishing Reports

SAULT STE. MARIE - Oral arguments were presented in tribal court Thursday regarding an appeal of judgments made against three Rapid River brothers for illegal commercial fishing violations. The hearing took place in Sault Ste. Marie.

Andrew, Kevin and John Schwartz, - members of the Sault Ste. Marie Tribe of Chippewa Indians - were sentenced last year in tribal court on 79 violations relating to illegal commercial fishing operations in Little Bay de Noc. They were initially ticketed for 105 civil infractions for illegally catching and selling walleye in January and February 2009.

According to the civil clerk's office at the tribal court, oral arguments in the appeal case began about 1 p.m. Thursday and concluded shortly before 4 p.m. Both the defense and prosecution were ordered to submit briefs to the appellate court which could render a decision possibly by next month.

On Sept. 16, the Schwartz's filed an appeal to the tribal judge's sentencing, which included permanent revocation of their tribal right to fish and restitution. The sentences were handled down in tribal court in Manistique Aug. 20.

The charges resulted from an investigation by the Department of Natural Resources and Environment, which alleged five Sault Tribe members and one non-native were illegally catching and selling walleye from the bay in January and February 2009.

Other tribal members cited for violations were brothers Troy Jensen and Wade Jensen, tribally-licensed commercial fishermen.

The non-native arrested was John Halverson, a state-licensed wholesaler.

The three men, from the Garden Peninsula, are each charged with unlawfully conspiring with one another and four others to buy/sell fish taken without a commercial fishing license from 2004-2009 in Delta County.

The Jensen brothers and Halverson are scheduled to have their pretrial conferences continued in the judge's chambers in Delta County District Court today. A trial or plea date could be announced.