| 2 plead not guilty to illegal fishing
November 11, 2010 - By Jenny Lancour
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ESCANABA - Two Garden Peninsula men - recently arrested in connection with an illegal fishing operation on Little Bay de Noc - pleaded not guilty Wednesday to conspiring to buy/sell fish taken without a commercial license. The pleas were made in Delta County District Court.
Fairport residents Troy Jensen, 43, of 2003 II Road, and Wade William Jensen, 45, of 2057 II Road, were arrested last weekend by a conservation officer from the Department of Natural Resources and Environment (DNRE). The brothers appeared for their arraignment in district court Wednesday.
Each was officially 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 four others are Andrew Schwartz, John Schwartz and Kevin Schwartz - brothers from Rapid River - and John Elmer Halverson of Garden.
Troy and Wade Jensen are tribal-licensed commercial fishermen who allegedly accepted fish - caught by the Schwartzes and Halverson - and sold the fish to a state-licensed wholesaler, according to DNRE officials.
Halverson was arrested last week by the DNRE and charged with the same conspiracy as the Jensens. On Tuesday, Halverson waived his arraignment in district court. The misdemeanor carries a maximum sentencing of one year in jail and a $1,000 fine.
The Schwartz brothers - members of the Sault Ste. Marie Tribe of Chippewa indians - were sentenced in tribal court in August for illegal commercial fishing activities on the bay. They were found in violation of 79 tribal fishing rules for a period in early 2009. The tribal judge permanently took away their tribal fishing rights and fined them a total of $13,175 in fines and costs and $15,214 in restitution. The Schwartzes have since filed an appeal.
The Jensen brothers - also members of the Sault Ste. Marie Tribe of Chippewa indians - are being charged in the state court for their alleged activity relating to the illegal sale of fish from the bay.
Following their arrests this weekend, each posted a $1,000 bond, releasing them from police custody. The brothers were arraigned Wednesday before Judge Glenn Pearson who recommended they obtain an attorney. The tribe is not representing the Jensens in the court process, according to a tribal spokesperson.
The six arrests above resulted from a DNRE investigation into an unusual high amount of walleye sales in the winter wholesale commercial fish market and an unexplained drop in angler catches. DNRE officials seized 265 pounds of fish illegally harvested from Little Bay de Noc and 1,200 feet of gill nets in February 2009 which lead to the arrests.
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Location: Waukesha Wisconsin | The state says: The misdemeanor carries a maximum sentencing of one year in jail and a $1,000 fine. The tribal judge permanently took away their tribal fishing rights and fined them a total of $13,175 in fines and costs and $15,214 in restitution. Sounds like the Indian tribe does a better job of making sure the fine matches the crime. If I am a white man and I'm making thousands of dollars on the illegal sale of walleyes, a $1,000 fine and year in jail are probably worth the risk.
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