Lt. Carbone has received the new DeLorme GPS and the 2004 Street Atlas Program. The new program works well for the specialized needs of the marine law enforcement program. It allows for multiple screens and 3 different zoom levels to be displayed simultaneously. The new program also enables the user to save and toggle multiple layers on the current map. This feature enables the user to add temporary shellfish closures without creating separate map files for each. The original GPS has been issued to Lt. St. Jeanos for use with the Nassau County Police Aviation Patrols conducted by the Western Zone.

MARINE COMMERCIAL FISHING/SHELLFISHING ENFORCEMENT

Marion Stern from the Bureau of Marine Resources referred a number of commercial striped bass fishermen who were delinquent submitting their monthly reports to her office. A total of 35 delinquent fishermen were identified for investigation. Several ECAT's have been issued. A number of these fishermen must still be investigated by ECO's. The delinquent reports have begun to arrive at the Setauket office and will be helpful to our striped bass management program, which monitors the annual catch in comparison to the authorized annual commercial harvest quota.

Contaminated Clams?

On 22 August 2003, Environmental Conservation Officer (ECO) Snyder received a complaint that subjects were harvesting clams in an emergency closure area in Montauk. Napeague Harbor was ordered closed to the harvest of shellfish on 17 August 2003, due to the impact of more than three inches of rainfall and the area was still closed on 22 August 2003. When ECO Snyder arrived at Napeague Harbor, one harvester was just preparing to leave, while two others had just begun digging.

Seafood Market Inspection

On 07 September 2003, ECO's. Blaising and Hovey were conducting JEA (Joint Enforcement Activity) inspections in the Town of Islip. Upon inspecting a market in Brentwood, the officers observed two crates of shellfish on the floor in standing water. One crate was also untagged. While looking through the freezer, ECO Blaising noticed a fish tail sticking out from beneath a shelf. Four striped bass were found frozen to the floor of the freezer. Upon removing the fish from the ice, it was discovered that all the fish were untagged and two were over the slot size. The owner of the store was issued four ECAT's for these violations.

Getting Crabby

While on boat patrol in the Great South Bay, ECO's. Blaising and Brown were inspecting recreational fisherman for ECL violations. The officers happened upon a commercial crabber and conducted a boarding. ECO Brown inspected a tote that had eels, bergalls, and a blackfish that the crabber swore was a bergall. Inside a bucket hidden by another bucket, ECO Brown found 4 short blackfish. The crabber's response was, "You caught me." As the ECO's were writing the ticket, the crabber was heard on a cell phone saying, "Mike, stay away from me; they are here." At that time, two boats that were approaching the boarded craft turned and sped away. The ECO's quickly caught up to one of the boats. The operator's name just happened to be Mike. Although no fish were found on board, Mike was issued tickets for failing to have flares and a sounding device on board.

Poachers Taking Advantage of Striped Bass in Nursery Areas

In the months of September and October, 2003, ECO Colesante made a total of 20 striped bass cases, and confiscated 37 illegal striped bass. Of the 20 cases, 16 were for undersized and over the limit striped bass. The remaining 4 cases were for party/charter boats failing to file required monthly striped bass trip reports to DEC. All of these cases were made in the southwest corner of Nassau County, which contains several estuaries (including Jamaica Bay) that serve as important nursery areas for juvenile striped bass. Unfortunately, the poachers that target striped bass are aware of these nursery areas. Most of the fish that Officer Colesante seized were between 6" and 12". It is suspected that many of the poached stripers are being illegally commercialized.

MARINE RECREATIONAL FISHING ENFORCEMENT

On 20 September 2003, while patrolling aboard the vessel Marine 2 Bravo, Marine Unit Officer Jordan assisted ECO's Malone and Schoonover as they conducted vessel safety inspections and recreational fish checks in Raritan Bay, off Staten Island. After conducting several checks, summonses were issued to two recreational fishermen for possessing short scup (porgies) and short summer flounder (fluke). Both individuals are scheduled for arraignment in Richmond County court on 24 October 24, 2003.

On 24 September 2003 during an “A-5" patrol to Plum and Fishers Islands, T/Sgt. Vinski and ECO Hatch investigated a complaint of out-of-state vessels taking blackfish out of season. As a result, six ECAT's were issued to fishermen for this offense in New York waters just north of Fishers Island. ECO Ruckert received a complaint from an area commercial fisherman about recreational fisherman setting gill nets in the estuaries of Moriches Bay. The complainant stated that these nets are being left unattended and are not marked, creating a navigational hazard. Officer Ruckert, accompanied by ECO Simmons, started in the early morning hours and launched from a local boat ramp. Shortly, they came across a recreational fisherman using nets. The subject was issued an ECAT for not having a commercial fishing permit.

An Officer's"Friend"??

On Labor Day, ECO Gadomski stopped at Captain Marty's Fishing Station to see the owner about speaking at an upcoming gun club meeting. While there, an employee told him that, "Your 'friend' is out today." ECO Gadomski's 'friend' is a fisherman who was ticketed twice last summer by the officer for possession of undersized and over the limit scup. Soon afterwards, the fisherman came into the dock with four of his 'friends'. ECO Gadomski approached the boat to check their catch. His 'friend' said, "There won't be a problem today, I learned my lesson last year." Forty undersized scup were found onboard. Each of the five fishermen received an ECAT for possession of undersized scup. The 'friendly' fisherman apparently didn’t study hard enough during the off-season.

More Short Fish . . .

Late last month, ECO Enright met with ECO Smith and decided to conduct inspections of several fish shipping facilities. ECO Enright had received a tip that commercial fishermen were recycling striped bass tags. The two Officers conducted inspections at two facilities in the Town of Southold. In addition to striped bass checks, JEA work was conducted at the same time. Although no violations were found, an employee at one of the facilities discreetly mentioned that some local restaurants might be retaining a single striped bass carcass, with fishermen continually returning with new bass fillets. ECO's Enright and Smith then conducted inspections at two local restaurants. Upon entering the parking lot of the first facility, ECO Enright noticed three individuals fishing behind the restaurant, which is located directly on the shore of Long Island Sound. All three subjects were found to be in possession of undersized scup and were issued ECAT'S. The owner of the restaurant asked the men to leave and not return. No violations were discovered at the restaurant. The two Officers then checked a second restaurant in Greenport, where no violations were found.

Shore Porgies, Blackfish, Fluke and Bass

On 17 August 2003, ECO Hovey was conducting a routine marine fishing check at Sunken Meadow State Park. A sudden thunderstorm was causing fishermen to head back to their vehicles for shelter. The first fisherman checked possessed eight short porgies. He was issued an ECAT for possession of undersized fish. The second fisherman checked was in possession of 10 short porgies and one striped bass with a total length of 18 inches. This individual was issued ECAT'S. for possession of the undersized porgies and striped bass. On 21 August 2003, ECO Caifa received a complaint from a local fisherman who stated that a group of fishermen were taking short scup at Shoreham Beach after 8:00 P.M. Officer Caifa went to the beach after dark and caught three fishermen with buckets of short scup. Each was issued an ECAT for the violation.

On the August 24, ECO Sincebaugh was checking fishermen at Mt. Sinai Harbor. As he was checking the dock, a young fisherman approached the Officer and told him that there was a subject leaving the dock that had caught and kept several short blackfish. The fisherman appeared to be in quite a hurry, but was quickly caught by the ECO. When asked what he had caught, he said a few fish, but he didn’t know what they were. They turned out to be two very small blackfish, which also happened to be out of season at the time. He was issued ECAT'S. for the violations.

On 06 September 2003, ECO's Bengel and Sincebaugh were on boat patrol on Moriches Bay when they heard from a fisherman that five subjects aboard a blue boat were keeping every fluke that they caught. A check of the boats in the area did not find any violations, so the Officers continued the patrol. On the way back to the dock, they observed a blue boat with four individuals in it in the general area of the complaint and decided to investigate. The subjects had eight fluke on board, six of which were undersized. The subjects stated that they had caught and measured the first fish, which was legal, and had eyeballed the rest of the fish. The undersized fish ranged in size from 13 to 16 inches, well under the 17-inch minimum. The operator of the boat was issued an ECAT for the violation.

No One Ever Catches Any Fish

On 15 September 2003, ECO Colesante was passing by the surf clam boats that line up along Hampton Road in Oceanside, when he noticed two men with fishing gear walking back to their cars from the boats. Surf clam boats are a hot spot for small sea bass, porgy, and striped bass. The fish congregate under the large boats waiting for an easy meal when the boats are cleaned at the end of the day. When questioned, both men said that they had caught no fish (of course)! However, one of the men was carrying a garbage bag with two short striped bass in it, and the other man had four short striped bass in a bucket in his trunk that was open and in plain view. Each man was issued ECAT'S. for short and over the limit striped bass.

True Justice During a JEA Patrol - Fighting Crime and Saving Lives

On 25 August 2003, ECO's Roger Ward and Mark Colesante were on a JEA boat patrol in the East Rockaway - Jones Inlet area. While patrolling for federal fishing violations, the Officers observed a vessel and operator that they both recognized immediately. This vessel that had been fishing earlier in the year (during the winter flounder season) near Bay Park, and the operator had tossed a lit M-80 into the water, causing a loud, and large, explosion. Both ECO's Ward and Colesante observed the action from shore and asked the boat's operator to come to the dock for questioning. The boat operator then pulled anchor and sped off, while giving the ECO's the one finger-salute, and yelling obscenities at them. This left a sour taste in the young ECO's mouths. Surprise, Surprise!! It's the guys in green from the dock last year - remember us? Upon inspection of the 18-foot skiff, the Officers found insufficient PFD's, no distress device, and no sounding device. The operator was, of course, issued three P&R tickets for these violations. Interestingly, the operator also said that he had not been flounder fishing at all this past year and that he hated fireworks. Now, he probably does.

After finishing with this gentleman, ECO's Ward and Colesante were notified of a Personal Water Craft. When the ECO's arrived on scene there was one adult operator and two children holding on to a sinking PWC. The ECO's assisted the three civilians to shore.

Alert and Concerned Sportsman Helps ECO's Make Case

A sportfishing website related a recent situation involving ECO's Reilly and Harger. The author of the write-up was fishing at the Jones Beach jetty, the site of frequent poaching of undersized and over the limit striped bass, fluke, blackfish, etc. He observed a fisherman keeping undersized fluke, and hiding them a short distance from where he was fishing. The author attempted to educate the individual about the law, but the fisherman apparently couldn't have cared less. A responsible sportsman, the author was getting angry and frustrated at the situation. You know the saying, "There's never a cop around when you need one." Right then, who comes along but ECOs Reilly and Harger ! The author explains the situation and the officers confront the fisherman, who states that he has no fish (unaware that the author had observed them hiding the fish, and that he had relayed this information to the Officers). ECO Reilly walks over, moves their tackle box, and finds a plastic bag full of undersized fluke. The fisherman was issued an ECAT and he and his friends left the area. This episode made the author's day. He was quite appreciative.

Coming up Short

ECO's Blaising and Brown were conducting marine fishing checks at Captree State Park. Officer Brown observed an individual using a cast net to catch "peanut" bunker. Inspecting the person's pail, he found a 2" fluke and several 2" porgies. The Officers noticed a large pile of weeds by the fisherman's belongings. More undersized fish were found within. In total, the man possessed five 2" fluke, four 2" porgy and a 2" blackfish. The fisherman was told that he was in violation and issued an ECAT for his lack of culling ability.

On 10 October 2003, at approximately 5:00 p.m., ECO Hovey was checking fisherman at West Meadow Beach when he observed two fishermen walking along the shoreline from Cranes Neck on Long Island Sound. The fishermen stated that they had caught some porgies that were all of legal size. They took out all the fish from their backpacks: over thirty legal size porgies; one 12-inch blackfish and one 17-inch striped bass. The fisherman who had the illegal fish was issued two ECAT's for possession of the undersized blackfish and striper.

Just after midnight on 25 September 2003, while investigating a complaint of undersized and over the limit striped bass, ECO's Reilly and Ward pulled under the Roslyn Viaduct and found four men walking back to their cars with fishing poles and saying (of course) that they had caught no fish. A quick check on the other side of the fence revealed a couple of buckets and a bag with undersize striped bass ranging from 12"-22". Upon being confronted with the evidence, the men admitted they had caught the fish. ECAT's were issued for undersized and other for over limit stripers. All tickets were returnable in Nassau First District Court.

---

New York State Department of Environmental Conservation
DIVISION OF LAW ENFORCEMENT
Building 40 B SUNY
Stony Brook, New York 11790-2356

Phone: (631) 444-0250; FAX: (631) 444-0251
Website: http://www.dec.state.ny.us

---

Page last modified Wednesday, February 2, 2005 by George E. Carroll