Uncertified Shellfish Apprehension Northport Harbor

On December 24, while conducting a FDA check of the Northport uncertified shellfishing line, ECO Vencak observed a clammer digging well outside the certified area.  After watching this individual repeatedly take clams in the uncertified area, Officer Vencak called Harry Acker, the Huntington Harbor Master and requested his assistance,

while continuing to take notes and make observations of this activity.  The Harbor Master soon arrived and was guided to the offender by Officer Vencak using his own cell phone to communicate as the clammer was apprehended.  This was undoubtedly not the Christmas gift that the digger was hoping for, but he was given two ECATS and wished happy holidays anyway.

Commercial Horseshoe Crab Enforcement

Officer Ferraro has issued several ECATs to commercial horseshoe crab harvesters for failure to submit reports as required. Many tickets have been issued to commercial crabbers for their failure to submit harvest reports, which are essential to the Department to manage the resource.

Unsecured Marine Sanitary Device

ECO Sean Reilly had been hearing from fares on a charter boat out of Point Lookout, that short black sea bass were being taken during charter trips.  With knowledge of this, ECOs Roger Ward and Mark Vencak decided to meet the vessel after one of its weekend charters.  On the afternoon of January 3, ECOs Ward and Vencak checked the vessel for shorts at its dock in Point Lookout.  Although no short fish were found, a check of the boat revealed an unsecured sanitation device.  The captain said he had no idea the valve had to be secured in the closed position.

However, there was a short piece of chain and a pad lock laying over the pipe next to the valve.  The captain was issued a ticket for this and also issued an ECAT for not having a valid charter boat license.

Harts Cove Shellfish Apprehension

On January 1, Lt Huss and ECO Bengel were at the East Moriches access site when they observed a clammer digging deep into the uncertified waters of Harts Cove. The officers were assisted by the USCG for a boat patrol, and the clammer was apprehended while he was still digging in the uncertified waters.  He was charged with clamming in uncertified waters, returnable to Suffolk 1st District Court on February 2, at  0900.

Another Uncertified Shellfish Apprehension

On January 14, ECO Ruckert observed 2 clammers digging in uncertified waters in Patchogue Bay.  He requested assistance from ECOs Smith and Bengel, who responded with the 19' Whaler.  ECOs Smith and Bengel apprehended the clammers and brought them to shore, where ECO Ruckert informed them that they were each being charged with clamming in uncertified waters.  The ECATs were made returnable to Suffolk 1st District Court on February 23.

Untagged Striped Bass Case

On January 10, ECO Hovey was performing a routine JEA check at a fish market in Kings Park, in the town of Smithtown.  He observed striped bass fillets that were on display for sale.  When the shop owner was asked to produce the carcass that the bass fillets were taken from, he stated that he had thrown it away.  The owner claimed he did not know this was a violation, even though he stated he had been a commercial lobsterman for ten years and in the commercial fishing industry for over twenty.  The owner was issued an ECAT for sale of striped bass fillets without having the carcass available for inspection.

Commercial Fish Enforcement

On February 8, ECO Hovey was on patrol in East Setauket and stopped into a local fish shop for a routine check.  Officer Hovey noticed that the shop had striped bass fillets for sale and when asked, the owner could not produce a properly tagged carcass for inspection.  Upon further inspection, the shop was found to be in possession of two untagged containers of fluke and one untagged container of black sea bass.  The owner of the shop was issued two ECATs for sale of striped bass not properly tagged and possession of untagged containers of fluke and black sea bass.

Commercial Striped Bass Enforcement

A party/charter boat captain received his second ECAT for failure to submit monthly striped bass reports.  At this time, Marian Stern is deciding which permits not to renew this year.  This is one of many tickets being issued this winter by Region One ECOs to Party/Charter Boat striped bass permit holders for failing to submit monthly reports to the Department as required.

Marine Records Office

Warnings have been sent out to seven commercial permit individuals.  These warnings are in regard to the potential for administrative revocation for any future marine violations.  Six of these are individuals and one is a fairly good sized seafood shop.  Two other individuals are under consideration for revocation, one mandatory and one administrative.  Court records have been requested prior to effecting the mandatory revocation in order to confirm some questionable dispositions.

Origin Unknown

On  December 22, 2003, Marine Unit Officers Jordan, Reilly, Lestrad and Smith conducted an inspection of the Fulton Fish Market in Manhattan.  All 52 markets at the location were inspected.  One market was issued three summonses by Officer Jordan for possessing 18 untagged and undersized striped bass and possession of two striped bass over the commercial slot size.  A total of 148 pounds of striped bass were seized and the case is pending arraignment at Manhattan Criminal Court on February 19, 2004.  Since the origin of the fish were unknown, the fish had to be destroyed and could not be donated to charity, as is usually the case.

Unsafe Shellfish

On December 22, 2003, ECOs Valenty and Komonchak responding to a tip from DEC Shellfish Inspector Peter Usbeck, inspected a seafood wholesaler in Brooklyn.  The business was found not to have a Shellfish Dealers and Shippers Permit as required by DEC to wholesale shellfish in New York State.  After further inspection of the coolers, ECOs Valenty and Komonchak noticed that the shellfish were being stored directly on the floor, which is a violation of the ECL.  The business was issued two summonses by ECO Valenty for the aforementioned violations and 55 bushels of shellfish were seized and destroyed to protect the public from possible illness resulting from consumption of contaminated shellfish. The case is pending in Kings County Criminal Court.

Seasonal Marine Resource Enforcement in Orange County

As a young ECO in New York City, ECO Michael Bello was always busy with the Fulton Fish Market and other large seafood establishments. Since transferring to Orange County, this type of enforcement has become more of a seasonal effort.  Through his senior officers, ECO Bello learned that Christmas always meant an increase in seafood shop violations, specifically shellfish.. "Tis the Season for seed clams".  ECOs Barber and Stephens asked ECO Bello to share his experience with some joint local inspections.  On two dates in December, ECO Bello took the junior ECOs out separately for some hands on.  Five shops were inspected consisting of produce/fish markets, re-shippers, and large chain supermarkets.  Seven ECATs where issued by the ECOs for violations, including selling/possessing hard clams measuring less than one inch, placing shellfish in contact with the ground,  selling/possessing untagged containers of shellfish, and unsanitary shellfish storage area.   All cases are pending in their respective jurisdictions.

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 Thursday, April 8, 2004 by George E. Carroll