In a recent order the court was asked the three men, Andrew, John and Kevin Schwartz, brothers from Rapid River and members of the Sault Ste. Marie Tribe of Chippewa Indians, to pay a restitution of $15,214 in 79 violations of tribal rules relating to commercial fishing. The incidents occurred in early 2009 and were investigated by the Michigan Department of Natural Resources & Environment (DNRE).
The three men each had their tribal fishing rights taken away from them during their joint sentencing at the tribal center in Manistique on Aug. 20. The Schwartz’s defense lawyers requested the clarity hearing which took place on Friday.
According to Brenda Brownlee, civil clerk for the Sault Ste. Marie Chippewa Tribal Court headquartered at Sault Ste. Marie, Mich, said that the Schwartz’s have appealed the judge’s Aug. 20 order, including restitution. An appeal had to be filed within 30 days of the judgment. The paperwork was filed in tribal court on Sept. 16, she informed.
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 over the winter months during past years. Records also showed an unexplained drop in angler harvests.
According to the tribal judgments handed down in August, the fines, costs and restitution against the Schwartz brothers must be paid to the court in monthly payments during the next five years.
