MARQUETTE - Nearly one year since six suspects were arrested in connection to an alleged illegal commercial fishing operation, a review of the case by the U.S. Attorney's office in Marquette has resulted in the case being sent back to the Sault Tribe of Chippewa Indians.
Citing lack of jurisdiction, U.S. Attorney Donald A. Davis will not bring charges against several members of the Sault Tribe of Chippewa Indians who are suspected of illegally catching and commercially selling walleye from Little Bay de Noc.
In issuing the announcement Davis said the suspected illegal fishing on Little Bay de Noc occurred in waters ceded to Native American tribes in the Treaty of 1836.
"In 2000, the United States, the state of Michigan, and five separate Native American tribes in Michigan entered into a consent decrees, that established an agreement between all the parties regarding allocation, management, and regulation of fishing in 1836 Treaty waters," said Davis.
Davis added that under the terms of the consent decree, the tribes have exclusive jurisdiction to enforce fishing rules against tribal members who fish in 1836 treaty waters.
Attempts to by the Daily Press to reach the U.S. District Attorney's office in Marquette and Sault Ste. Marie Chippewa Tribal officials in Sault Ste. Marie for comment Friday were unsuccessful.
An investigation into the alleged illegal fishing was conducted by Cpl. Shannon VanPatten of the Michigan Department of Natural Resources after a large amount of walleye was discovered being sold in the wholesale fish market.
The investigation utilizing surveillance and information gathering led conservation officers to confiscate 265 pounds of fish illegally harvested from the bay along with 1, 200 feet of gill nets in late February 2009.
The investigation and seizure of illegally harvested walleye led to the arrest of six people, five of which are members of the Sault Tribe of Chippewa Indians.
Officials have estimated illegal commercial fishing operations between January and February 2009 involved approximately 22,000 pound of walleye, with a suspected 72,000 pounds of walleye and other game fish being illegally removed from the bay during a period ranging from 2003 to 2008.
Since the arrest of the six men believed to be involved in the illegal fishing on Little Bay de Noc, DNRE conservation officials have met with officials from the Sault St. Marie Chippewa Tribe, along with U.S. Fish and Wildlife officials.