LBDN Netters

[Fish-ti-cuffs]

Little Bay de Noc fishing investigation   
 
Suspected illegal fishing took place in waters ceded to Native American Tribes in the Treaty of 1836

ESCANABA -- U.S. Attorney Donald A. Davis announced Friday that the Attorney's office will not prosecute several members of the Sault Tribe of Chippewa Indians who were suspected of illegally catching and selling walleye from Little Bay de Noc.

The suspected illegal fishing took place in waters ceded to Native American Tribes in the Treaty of 1836. In 2000, the U.S., State of Michigan and five separate Native American Tribes established an agreement regarding allocation, management and regulation of fishing in the 1836 Treaty waters.

Under this agreement, the Tribes have exclusive jurisdiction to enforce fishing rules against Tribal members who fish in the waters.

There is an ongoing investigation into the activities of others who may have been involved

 

[Thirsty Whaler]

http://michigan.gov/documents/dnr/treaty_1836_boundary-STATEWIDE_220728_7.pdf



I mislabelled the folder 1832, page 36 has the State regs.-nothing on tribal fisheries. However, the State should be able (and willing) to prosecute the wholesaler for buying the fish, since the only license that these individuals could produce to claim legal catch was their subsistence license which prohibits commercial sale of any component of their catch. My rationale is, if you meet out some penalty for engaging in illegal activities, there will be a deterrent-f no penalty, then no deterrent is established.

[Thirsty Whaler]

The Mining Journal ran a story on the case.  It sounds like the State is now considering prosecution of these six "fisherman".  They also listed the four year catch figure derived via wholesaler records at 94,000LBs. That would put quite a "dent" in the fishery, assuming this estimate is round weight.




FOR IMMEDIATE RELEASE
March 9, 2010


Contact: Mary Dettloff 517-335-3014


DNRE Examining Legal Options in Little Bay de Noc Gill Net Case

The Department of Natural Resources and Environment will seek other
legal options in the 2009 Little Bay de Noc gill net case.

“In light of the U.S. Attorney’s Office decision to not pursue
charges, we are continuing to explore our legal options regarding
potential violations of state law outside of the jurisdiction of the
2000 consent decree,” said DNRE Director Rebecca Humphries.

In 2000, the United States, the state of Michigan, and five separate
Native American tribes in Michigan entered into a consent decree that
established an agreement between all the parties regarding allocation,
management, and regulation of fishing in 1836 Treaty waters.

DNRE conservation officers from the Commercial Fishing Enforcement Unit
and Delta County worked on the investigation into an alleged illegal
commercial fishing operation in Delta County. The investigation revealed
that as much as 22,000 pounds of fish may have been taken from the
Little Bay de Noc area in early 2009, and as much as 72,000 pounds of
fish between 2004 and 2009.

The DNRE is committed to conserve, manage, protect, and promote
accessible use and enjoyment of the state's environmental, natural
resource, and related economic interests for current and future
generations.

[THE BAIT SHOP GUY]

According to the fishing clubs lawyer, these guys are looking at upwards of $100,000 in fines!

From yesterdays Daily Press -

SAULT STE. MARIE, Mich. - The Sault Ste. Marie Tribe of Chippewa Indians today announced citations against three tribal members accused of violating tribal commercial fishing regulations.

The citations stem from an investigation by the state Department of Natural Resources and Environment (DNRE), which alleged that five Sault Tribe members and one non-native were illegally catching selling walleye caught in Little Bay de Noc in early 2009.

"The Sault Tribe and its members have tremendous respect for our shared natural resources, especially for our abundant fresh water lakes and rivers," said Sault Tribe Chairman Joe McCoy. "The tribe will continue to work to protect our shared natural resources for tribal and non-tribal members alike. We will prosecute abuses to the fullest extent of the law."

Three tribal members accused of illegally fishing are being cited with approximately 100 civil infractions. The three are accused of illegally setting nets in Little Bay de Noc to catch walleye, taking thousands of pounds of walleye out of the lake and selling them for profit through a tribal commercial fishing operation consisting of two tribal members and state licensed wholesaler. The two tribal commercial fishermen remain under investigation and have not yet been cited.

The DNRE conducted a yearlong investigation before citing the suspects in March 2009. In accordance with the 2000 Consent Decree, a legal agreement between the state, federal government and five Michigan tribes, the tribal members were turned over to the tribe for prosecution.

The 2000 Consent Decree recognizes and affirms the tribe's rights under the Treaty of 1836 to fish in the ceded waters of the three upper Great Lakes. Tribes covered by the agreement have the authority and responsibility to prosecute members who fish illegally within the treaty areas.

Special Prosecutor Monica Lubiarz-Quigley said it took time for the tribe to pursue the case because of the complexities of jurisdiction - working within the laws of the tribe, the federal government and state.

"We hope to bring this case to swift resolution now that we have resolved all the technical legal issues associated with three separate sovereign governments," Lubiarz-Quigley said.

Because of the complexities of jurisdiction the tribe is unable to pursue the wholesaler. "The tribe has for years identified prosecuting fish wholesalers as the key to breaking up these illegal fish peddling rings," said Chairman McCoy. "We hope that in the future state or local prosecutors will be able to pursue fish wholesalers in cases such as we have here."

[Thirsty Whaler]

Why can't the State seek reimbursement for the market value of the 94,000 lbs of fish sold by the commercial fisherman/wholesaler?  If was purchased illegally(wholesaler knew what license(s) these people held) sold in the commercial market for a profit and harvested from tribal ceded waters where these species are exempt from commercial harvest-all likely known by the wholesaler prior the transaction(s).