BULLETIN


20 April 2004
Volume XIII, No. 3

Marine Enforcement Highlights, March and April 2004

ERAMP Boat Patrol

On 03 March 2004, ECO’s Roger Ward and Sean Reilly conducted a SAFE boat patrol on the western Long Island Sound with three Region 3 ECO’s:  JT Tangen, John Helmeyer, and Neil Watt.  The mission was to check clammers and lobstermen.  A compliance check of one lobsterman yielded four large blackfish that were out of season and an ECAT was issued for that offense.  While checking clammers in Oyster Bay, the officers observed two individuals working in one boat; one was bull raking and the other culling.  A check revealed that they did not possess State diggers permits.  Both men were aware they needed the permit, but stated that they just didn't have time to get them.  ECATs were issued to both men for failure to possess diggers permits.

Untagged Fluke Case

On 03 March 2004 at about 1630, ECO’s Joe Billotto, Chris Ruckert, and Todd Smith, were conducting JEA patrol at Montauk Harbor.  They came across twenty cartons of untagged fluke being shipped by a local shipper, who had been previously warned about possessing untagged cartons of fish.  The manager stated he had received the fluke from several boats and showed Officer Billotto invoices to cover the weight.    Officer Billotto issued the manager an ECAT for the possession of the untagged fluke, a misdemeanor as the value was estimated over two hundred fifty dollars.

Closed Season Cod Apprehension

After receiving a complaint about a commercial fisherman in Montauk catching cod during the closed season and selling it to a fish market in Island Park,  ECO’s Billotto and Smith met the fisherman at the dock on the afternoon of 09 March 2004.  The fisherman claimed that he was recreational fishing and told the officers that he did not have any federal permits.  The next morning, the officers watched the fisherman return to the boat, pick up the fish, and leave for the market in Island Park.  When the fisherman arrived at the market, NMFS Special Agent Cassin was there and took photographs of the man off-loading the fish. When Special Agent Cassin and ECO Colesante entered the store, the fisherman and store owner started scrambling in a vain effort to hide the fish.  ECO Colesante had previously checked with the DEC Marine Permit Office and knew that the fisherman’s foodfish license had expired.  Officer Colesante issued an ECAT to the store owner for buying 300 pounds of ling from an unlicensed fisherman and an ECAT to the fisherman for offering fish for sale without a State foodfish license.  That evening, when the fisherman returned to his boat, ECO’s Billotto and Smith were there to greet him.  ECO Billotto issued the fisherman three more ECATs for three separate landings of fish for commercial purposes without a valid State food fish license.  The following day, all Officers involved met at the NMFS office in Bellport for a debriefing.  The investigation is continuing and fisherman may be facing several more ECL charges in the near future.  The fisherman and the store owner charged in this case are both repeat offenders.  Last year, ECO Colesante issued three ECATs to the fisherman for dumping upon signal to stop, possession of short blackfish, and over the commercial limit of blackfish; this individual could face revocation of his license.  The store owner was previously charged with two striped bass violations.  In addition to the State charges, the fisherman will be facing several federal fisheries charges, including but not limited to, fishing and landing cod during a closure, and falsifying trip reports.

Bad Clam Case

Acting on information received from Region 1, Marine ECO Todd Smith and ECO’s Gonyeau, Basford, and Hodor set up an early morning surveillance of two boats in the Village of Port Chester in Westchester County. The information received had claimed that, because of a drop in the market, clams from Florida were going to be transplanted into New York waters for later reharvesting.  Several subjects arrived and started removing a large blue tarp covering something on the dock.  Some time later, these individuals were observed recovering the items.  At this time, the ECOs patrolled to their location.  Several bushels of clams could be seen under one corner of the tarp.  One of the subjects stated the clams belonged to a Long Island wholesaler and he was going to return them to the water. He stated they were harvested from Connecticut.  Of the 100+ bags of clams, four did not have tags.  The subject was issued ECATs for the untagged bags and failing to place shellfish in a storage area maintained between 33o and 45o F, pursuant to 6 NYCRR rules and regulations.

Emergency Shellfish Closure

When more than four inches of rain fell on 13 April 2004, the Shellfish Sanitation unit issued an emergency order closing many normally certified shellfish grounds.  Region 1 Zone 2 officers responded by maintaining a vigilant watch of these waters.  On 16 April 2004, Lt. Huss and ECO Sincebaugh issued two ECATs for uncertified shellfishing to two clammers working in Great South Bay.  They had refused to leave after being warned by two shellfish technicians.

Division of Law Enforcement
Captain Richard M. Otterstedt
Building 40 - SUNY
Stony Brook, NY 11790-2356

Phone: 631-444-0250
Website: www.dec.state.ny.us

 

Page last modified Sunday, May 16, 2004 by George E. Carroll