From the Daily Press, via Pechanga:
MANISTIQUE – The tribal judge who sentenced three members of the Sault Ste. Marie Chippewa Tribe of Indians for violating their fishing rights, described Friday’s hearing as a “sad day” for the tribe.
Andrew, Kevin and John Schwartz, all brothers from Rapid River, were found in violation of the majority of 105 citations issued against them in connection with an illegal commercial fishing operation in early 2009. The Department of Natural Resources investigated the illegal dealings.
On Friday, the Honorable Chief Judge Jocelyn K. Fabry revoked each of the three defendants’ fishing privileges and ordered each pay thousands of dollars in fines, costs, and restitution. In her concluding statements, the judge commented on the damage done to the environment as well as the tribe’s reputation.
“The effect on the natural resources of the area may not ever be determined,” Fabry said, describing where the violations occurred as one of the best walleye fishing areas in the state.
“This is a sad day for the tribe,” she added. “It gives tribal members a black eye in the community.”
Following the sentencing at the tribal center in Manistique, Special Prosecutor Monica Lubiarz-Quigley, representing the tribe, agreed with the judge.
“I think the judge’s comments were very, very appropriate,” Lubiarz-Quigley said outside the court. “Her comments reflect the majority of the feelings of the tribe and the board. I think she was absolutely right.”
Conservation Officer Cpl. Shannon 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 during the winter months during past years. Records also showed an unexplained drop in angler harvests.
Following several hours of surveillance and information gathering, the DNR 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 fished from the bay during a five-year period.
VanPatten said she was very pleased with Friday’s sentencings on the three defendants.
“It’s been a very long road but the persistence paid off,” she said.
VanPatten said the case was a challenge to present in court so the details would be clearly understood. Three days of trial included testimony from a dozen conservation officers, video and photographic evidence, business records, and several hours of surveillance notes, she explained.
“It’s obvious…the judge carefully reviewed the testimony,” VanPatten added.
Also in attendance at the sentencing was Escanaba lawyer Paul Strom, representing the Bay de Noc Sportsfishermen. He praised law enforcement for their exemplary work that led to the citations and Friday’s court sentencings.
“This is justice without discrimination,” Strom said. “This is a strong statement by the tribe. This proves the judicial system and the tribal judicial system works.”
He added the tribe’s intolerance to the violations should set an example for others and prevent future illegal fishing. The three tribal members lost a sacred right with the loss of their fishing privileges, Strom said.
The Schwartz brothers were among six men charged with violations relating to the illegal fishing operations. Troy and Wade Jensen, both tribal members, are wholesalers who allegedly bought the fish from the Schwartz brothers. Their case is being processed in tribal court. John Henderson, a non-native from Delta County, allegedly illegally fished with the Schwartz’s. The county prosecutor is reviewing this case.
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