Second Wisconsin Caviar Case Resolved Without A Conviction
Shawn Wendt, his attorney Alexander Ullenberg, and the Fond du Lac
County District Attorney’s office agreed to dismiss the claims of wrongful Wisconsin caviar processing against Mr. Wendt upon completion of a 12-month diversion agreement.
Mr. Wendt did not admit to doing anything wrong and as part of the agreement agreed to withdraw his motion to dismiss the charges on the grounds that:
- Mr. Wendt never purchased, sold, bartered or traded Wisconsin caviar or sturgeon eggs.
2. Wisconsin law allows Fond du Lac restaurants to process and serve caviar from sturgeon to their spearers just like it allows restaurants to process and serve caught salmon to the fisherman coming off charter fishing trips in Sheboygan, and
3. Wisconsin’s Constitutional Right to Fish Law prohibits the DNR from enacting unreasonable restrictions on the processing and use of sturgeon eggs into caviar.
Mr. Wendt agreed for the next 12 months not to process sturgeon caviar for non-family members or at Wendt’s on the Lake except under Wisconsin’s lake-to-table restaurant processing law (per Wis. Stats. § 97.305) or with a permit from the DNR in its private game dinner program.
Atty. Ullenberg stated “This is a good resolution for all involved. Mr. Wendt is an avid fisherman and good steward of our lakes and fish. He has steadfastly maintained he did not violate any Wisconsin law and we are confident our motion to dismiss would have been successful.
“Wisconsin caviar should be a source of pride for the Lake Winnebago area, but instead some folks want to make it sound dirty. It would be wonderful if Wisconsin caviar could be sold to the general public throughout next year’s Sturgeon Spearing Spectacular and I urge
the Wisconsin Legislature to make that happen now.”