Little Bay de Noc Fishing Reports

From the Escanaba Daily Press:

ESCANABA - An appeal was denied in court Friday for two Fairport men serving time in jail in connection with an illegal fishing operation.

Wade William Jensen, 46, and Troy Nester Jensen, 44, were appealing a June 27 ruling in Delta County District Court where they were ordered to one year in jail for unlawfully conspiring with four others to buy and sell fish taken without a commercial fishing license. The incident occurred on Little Bay de Noc in February 2009.

The Jensens are brothers and commercial fishermen licensed through the Sault Ste. Marie Tribe of Chippewa Indians.

Their appeal, which was filed in circuit court last month, was denied by Judge Stephen Davis Friday afternoon. Davis ruled the request was "not perfected," meaning the appeal did not meet filing requirements including the filing deadline. The paperwork was filed with the court two days after the deadline.

The Jensens' lawyer, Karl Numinen, explained to the judge the reason the appeal was filed late was because neither he nor his clients were notified of the official entry of the June 27 judgment prior to the appeal deadline. The lawyer said he received the notification on July 27 and thought the date of the judgment entry would trigger the appeal filing period.

Numinen also added the judgment was "riddled with errors" and contained "procedural irregularities" and "significant Constitutional issues." He also claimed his clients were never informed of their right to appeal the district court decision.

Davis said the circuit court appeal also required a receipt showing payment for the transcript of the four-day district court trial. The $4,000 had not been paid, admitted Numinen, adding the tribe was paying his clients' expenses but had not come forth with the funding yet.

Prosecuting Attorney Steve Parks confirmed the transcript has not been prepared by district court because the fee has not been paid.

Davis also questioned the fact Numinen filed only one appeal document for the two defendants who each have a separate court file. Parks agreed separate appeals were not necessary because the issues are the same in each case.

Though the Jensens' right to appeal was denied Friday, they can ask for a "leave to appeal," explained Davis outside the courtroom.

During Friday's court proceeding, Numinen also mentioned he has filed an appeal of the Jensens' district court sentencing with the tribal court.

In addition to the 12 months in jail, the Jensens were each ordered on June 27 to pay fines of $3,628 and pay joint restitution of $19,773 with a co-defendant.

Wade and Troy Jensen remain lodged in the county jail. The co-defendant, John Elmer Halverson, 53, of Garden, also remains behind bars on the same conspiracy sentencing.

Three others involved in the case - Andrew, John and Kevin Schwartz, tribal members and brothers from Rapid River - were sentenced in tribal court in connection with the case a year ago. They were assessed fines and restitution and also had their right to subsistence fish taken away for a year. The year will end on April 12, 2012 - a year after an appeal ruling in tribal court reduced permanent revocations of their right to fish.

An investigation by the Department of Natural Resources (DNR) revealed fish caught in the Schwartzes' gill nets were brought to be sold at a local fishery in 2009; the Jensens and Halverson participated in the illegal transaction.

The Jensen brothers also have pending court cases in tribal court including citations for four miles of unmarked and unattended gill nets found in Lake Michigan in June. The arrests came after DNR officers found the Jensens' commercial fishing nets containing thousands of pounds of rotting fish east of the Garden Peninsula.