1. TYPES AND NUMBER OF CASES

Type	Total by Region
	Region 1	Region 2	Region 3
A. Shellfish	21	21	1
B. Finfish	44	13	0
C. Crustacea	0	0	4
D. Striped Bass	12	9	2
E. Wetlands Protection	43	0	0
F. Navigation Law	2	4	0

 

2. SIGNIFICANT CASE HIGHLIGHTS

REGION ONE: Fishing - Recreational

ECO Enright had a preponderance of New York City Metro area recreational fishermen fishing the North Fork last summer and this fall. Often, he has found them in violation, especially with undersized blackfish. On 01 November 1998, he received complaints from fishermen that subjects driving a Nissan Pathfinder with New Jersey plates had been seen every weekend keeping short fish at Horton's Point, Southold. Staking the area out, ECO Enright determined the Pathfinder was present in the lot by the lighthouse. Watching from the bluff above, he observed the subjects keeping small fish. He secreted himself a little better and watched an interesting scenario unfold. Just before dusk, three of the four subjects returned to the vehicle with all the fishing gear and loaded it into the car. When ready to depart, one subject signaled to the fourth down below that the coast was clear - the fourth quickly appeared, placed a cooler in the car and jumped in. At this point, ECO Enright abruptly appeared in his new Jeep, blocking their departure. A quick check revealed twelve short blackfish and, to his surprise, a short striped bass to boot - what a bonus! Five ECATs were summarily issued.

Officer Arp, while on routine patrol in Oyster Bay, observed an increase in striped bass fishing activity. He issued four tickets to three subjects for possessing over the limit and possession of short striped bass.

On 15 November 1998, Officers Escobar and Reilly conducted a routine check of the party-charter boats which sail out of Point Lookout, as a result of numerous complaints regarding the possession of short fish. They checked fares that fished on three boats. Three subjects received ECATs for possession of short sea bass. A cooler containing 13 short sea bass and 7 legal fish was left unclaimed and seized by the officers as found property.

Officer Reilly, while on routine patrol along the Meadowbrook and Wantagh Parkways, observed a number of striped bass violations. After watching a group of subjects under the north side of the Meadowbrook Bridge and seeing two short striped bass placed into a black plastic bag, Officer Reilly approached the subjects. They stated they had no fish, just as the black plastic bag began to jump. Officer Reilly found two short striped bass. One subject was issued ECATs for over the limit and possession of the short fish. While patrolling along the Wantagh Parkway, Officer Reilly noticed two subjects heading under one of the bridges. He quickly got to the subjects and instructed them not to dump or throw anything into the water, and not to touch their buckets. As he was making his way to them, he heard a splash and saw numerous fish in the rocks under the bridge. After 40 minutes of digging through the rocks and gathering up what was dumped, the subjects were found to possess 48 short blackfish. They both received ECATs for dumping, over the limit fish, and undersized fish.

Officers Ferraro and Arp, on routine patrol along the Meadowbrook Parkway, noticed a subject who fit the description of a person suspected of violating many marine recreational fishing laws. Inspecting his catch, they found eight short striped bass. The individual was issued ECATs for possession of the short fish and for possessing over the limit of striped bass. While checking other fishing spots, Officer Ferraro issued ECATs to another three subjects for possession of short blackfish.

While on routine patrol, Officers Blades and Arp observed a couple of people fishing near the Jones Beach United States Coast Guard Station. When the two fishermen spotted the officers, they appeared nervous and started to walk away from the spot they had been fishing, leaving behind two five-gallon pails. The officers caught up to the two subjects, who stated they were unaware of the daily possession limit for bluefish (snapper). One fisherman had 59 snapper over the limit and the other had 69. Each was issued an ECAT returnable to First District Court in Nassau.

Officer Reilly, while on routine patrol along the Loop Pkwy, observed two subjects about to leave with a bag containing short stripers. One subject was ticketed for five short striped bass and for possessing four over the daily limit. The second subject was ticketed for 4 short striped bass and for possessing 3 over the daily limit.

Officer Reilly had been told of a man who fished at Magnolia Pier who had been consistently keeping short and over the limit numbers of fish. During a patrol on 20 October 1998, Officer Reilly encountered the subject and found two short blackfish, two short weakfish, and other fish, which he intended to measure after checking the other subjects fishing on the pier. He ordered the subject to remain and not to touch the fish or return anything to the water. After checking other fishermen on the dock, he returned to the subject only to find that he had disobeyed the order--all the fish were gone. The subject was ticketed for the dumping misdemeanor, and for the possession of the fish the officer had gotten a chance to measure.

Officer Levanway observed two men fishing at West Neck Beach for about forty-five minutes. During that time, he observed one of the subjects catch a fish and put it in a black plastic bag. Officer Levanway approached the subjects as they began to leave the area. They stated they had no fish and when Officer Levanway began to check the buckets anyway, one subject said, "Why don’t you believe me"? The subject had a black plastic bag in his bucket, which contained a 21" striped bass. He received the usual ECAT for possession of one short striped bass, and a lesson on telling the truth.

On 04 October 1998, ECOs Bengel and Lapinski, while on boat patrol on Long Island Sound, apprehended a boat from Queens, NY - a 7 foot inflatable with THREE occupants (!) - for possessing 9 blackfish over the limit of 1 per day per person. Additionally, all 9 fish were undersized. A P&R summons was also issued for operating an unregistered vessel.

On 23 October 1998, ECOs Bengel and Donk were patrolling the beach near Fire Island Pines when they observed a person burying an object in the sand. The woman was questioned about her actions. She denied having caught any fish, then proceeded to sit on the pile of sand she had made. The officers asked her to move, then uncovered a 25" striped bass. The subject was issued an ECAT, and told that stripers don't hatch, no matter how long one incubates them in the sand.

ECO Marshall was patrolling in Port Jefferson on 18 October 1998, and found an Elmont resident in possession of 13 undersized blackfish. His fishing partner, also from Elmont, had 3 undersized blackfish. ECATs were issued to both.

On 03 November 1998, Lt. Huss and ECOs Donk and Marshall organized a patrol to police a striped bass tournament in the Great South Bay, Fire Island Inlet area. This is a large tournament that attracts more than 500 participants. One boat load of participants was found to be in possession of one undersized striper. ECO Donk issued the ECAT.

ECO Enright has been very active with violations of recreational fishermen during the past month. The rocky Sound beaches of East Marion have become favorite spots for many urban fishermen venturing east for recreation. However, many, it would seem, do not know or care about our management/protection for several species. Officer Enright issued over 20 ECATs this month for short blackfish and striped bass, and practically every case comes with a humorous story of the fisherman's efforts to hide evidence, lie about culpability, and otherwise distort the facts - it's been a real side show this fall on the North Fork!

Charter Fishing Boat - To Be or Not To Be

Officer St. Jeanos was on patrol with the USCG at Fire Island Inlet checking people fishing during a local striped bass tournament. During a check of a boat containing two subjects and three striped bass, the operator stated that this was a charter and thus permitted to possess the additional fish. The passenger confirmed this by stating that he had paid forty dollars for the trip. They appeared proud and confident they had outsmarted the Conservation Officer. Officer St. Jeanos then asked the operator to produce a NYS guide license or USCG Captain's license, striped charter boat permit, or NYS charter boat license. The operator then paused and said, "I’m not really a charter boat." Officer St. Jeanos issued the operator a ticket for operating a charter without a permit, as he originally claimed, and the supposed fare for possession of one striped bass over the limit.

Scallops Gone Bust

On Monday, 05 October 1998, all eastern zone ECOs and ECO Bengel commenced early marine patrol for the annual opening of the scallop season. Alas, things were pretty much the way we anticipated - very few baymen pursuing even fewer scallops! In Northwest Harbor in Sag Harbor, traditionally the hottest scallop area over the years, there were perhaps 50 boats of baymen working. By the end of the day, very few had reached their daily limit of ten bushels; most had only a couple after a full day's work. By the end of the week, there were less than half a dozen boats still working, scratching for leftovers. The years of the Brown Tide severely impacted a once booming east end bay scallop economy; even after three years of no "tide" and several transplant attempts, scallops have not taken hold in proportion to the good 'ole days.

REGION TWO - Fishing - Commercial

On 26 October 1998, Officers Armstrong and Helmeyer patrolled the fish markets of Brooklyn’s Chinatown. Numerous violations were noted at various markets. The officers initiated 16 cases for various ECL violations including untagged shellfish, undersized and untagged striped bass, undersized blackfish, weakfish, black sea bass, cod, and unlawful commercialization of fish, shellfish, and crustacea. Two days later, Officers Armstrong and Beiter inspected two markets in Manhattan’s Chinatown to monitor compliance. The two inspections resulted in nine cases for undersized and untagged striped bass, untagged shellfish, undersized lobsters, possession of striped bass steaks without a tagged head, and unlawful commercialization. Later that evening, Officer Armstrong returned to Brooklyn’s Chinatown on a complaint of a van delivering undersized blackfish. No luck was had with the van, but the goods were found at a nearby fish market. Thirty-four undersized blackfish were seized. At $6.95 per pound, the fish were valued at almost $350.00. The manager of the market, who had been cited two days earlier for the same violation, received tickets for possession of short blackfish and unlawful commercialization of fish. The manager was scheduled to appear at Brooklyn Criminal Court on 22 December 1998.

On 22 October 1998, Officers Helmeyer and Armstrong apprehended two subjects selling undersized blackfish and sea bass from their car at Sheepshead Bay. The car was equipped with aerated coolers and a fish scale to fill orders. Both individuals will appear at Brooklyn Criminal Court to face unlawful commercialization of blackfish and black sea bass charges.

On 08 October 1998, Officers Beiter, Spencer, and Thompson conducted a joint Fulton Fish Market inspection with five Environmental Officers from the state of Connecticut. While only one violation was noted that day , it did raise the awareness level at the market. Officers from both states learned from each other and contacts were made for future joint operations.

On 24 October 1998, Officers Peinkofer and Spencer conducted a routine boat patrol of Jamaica Bay. Twenty-five vessels were checked for ECL and Navigation violations. The officers seized 58 undersized blackfish and issued 13 tickets.

Navigation and Marine Law Enforcement

On 09 November 1998 at 0500 hours, Officer Beiter received a call from Officer Armstrong about a "hot tip" of illegal fish on a truck behind the Fulton Fish Market. Officer Beiter responded and found the vehicle. He seized 90 untagged striped bass, 61 of which were less than 24". The illegal fish weighed 440 lbs. and were valued at $1,320. The defendant was buying the fish in New Jersey and illegally transporting them to New York. The defendant was arrested and interviewed by National Marine Fisheries Service (NMFS) agents. New Jersey Conservation Officers and NMFS Agents have initiated their own investigations stemming from this case. The defendant was charged with 90 counts of possessing untagged striped bass and 61 counts of undersized striped bass. The case is being prosecuted by the New York State Attorney General’s Office.

Striped Bass

On 10 December 1998, a defendant pled guilty to misdemeanor striped bass commercialization charges stemming from a case initiated by Officers Armstrong and Terrell. The defendant and two accomplices were apprehended while in possession of 231 striped bass during the closed season. The defendant paid a fine of $2,300 while his accomplices paid fines of $2,000 and $500. This case was prosecuted by AAG Hugh McLean.

Region 2 Patrol Boats

Thanks to the assistance of Jay Harris and the Department’s Cortland Maintenance facility, all three Region 2 patrol boats have been marked and are up and running. These boats will patrol New York City’s 576 miles of waterfront for fisheries and environmental quality compliance and insect the 84,791 recreational boats for compliance of the Navigation Law.

BWI Plea

At Staten Island Criminal Court, a defendant plead guilty to Boating While Intoxicated stemming from an arrest by Officers Peinkofer and Fritz. He was jailed for two days at Rikers Island and paid a $500 fine and $498 in boat impound fees.

REGION THREE - Shellfish

Connecticut, New York, and federal officials joined forces in conducting a year-long investigation involving a commercial shellfisherman from Connecticut. This individual was arrested in October, 1997 for harvesting clams from an uncertified area of Long Island Sound, in violation of his commercial shellfisherman's license. The investigation focused on western Long Island Sound off Greenwich, Connecticut and Port Chester, New York. The National Marine Fisheries Service, Office for Law Enforcement, Northeast Enforcement Division; U.S. Fish & Wildlife Service, Law Enforcement Division; Connecticut Department of Environmental Protection, Division of Conservation Law Enforcement; and the New York State Department of Environmental Conservation Police took part in the investigation. ECO Robert Hodor, Region 3's expert on commercial shellfishing, was dispatched from Dutchess County to the vessel's homeport in the Byram River in Port Chester, Westchester County, to assist Connecticut's DEP officers in their pursuit across the State line. He was joined by ECOs Townley and Thompson at the scene. This individual was originally charged with NYS ECL violations, although these were later withdrawn in order to preclude a legal conflict with the imminent Federal felony charges. The shellfisherman pled guilty at the Federal Court House in Bridgeport, Connecticut, to harvesting clams from a polluted area of Long Island Sound, a federal felony offense in violation of the Lacey Act. He faces a maximum penalty of incarceration of five years and a $250,000 fine. He will be sentenced before a U.S. District Court Judge in April, 1999. A United States Attorney stated that the tainted clams taken by the shellfisherman did not reach the public. He also indicated that his office would continue to vigilantly enforce federal statutes regulating the sale of contaminated seafood and would continue to fully cooperate with the various conservation law enforcement agencies charged with maintaining the integrity of seafood sold to the public.

Fishing - Commercial

In an effort to enhance existing marine patrols in the waters of northwestern Long Island Sound, arrangements have been made with Region 2 Law Enforcement to initiate joint patrols throughout the winter months. This will entail the utilization of Region 3's 24-foot Privateer, currently berthed in Milton Harbor, Rye, New York. The two primary objectives are to monitor the permanently designated uncertified shellfish beds for illegal harvesting and to continue compliance checks of the commercial lobster fleet, with an emphasis on gear conflicts. Fortunately, icing conditions in the local harbors have been minimal, allowing access to the main body of Long Island Sound.

Crustacea

Two weeks into the Westchester County deer season and expected by the public to be inland checking deer hunters, Lt. Nash and ECO Brickwood executed a quarterback sneak and went for an impromptu marine boat patrol. Shortly after clearing the harbor, they boarded a commercial lobster boat and found two female lobsters in spawn carrying only a few eggs but with limp, bruised tails, a sure sign of artificial removal. Closer inspection of the vessel revealed a scrub brush with numerous eggs imbedded in the bristles and several eggs on the aft work deck. Inspection of the traps showed sub-legal size escape panels. The boat's captain was immediately cited for spawning lobster possession and illegal traps, both ECL misdemeanors. The next commercial boat checked was found illegally pulling another licensee's gear and with the traps on boat. He was also immediately charged and subsequently pleaded guilty and fined $200. A brief run up the nearby Byram River resulted in the possession of a solitary short lobster by a non-resident deckhand of another commercial boat. He was tending a holding cage with approximately 15 horseshoe crabs and one lobster at his dock on the Byram River. With the assistance of an interpreter from the Port Chester Police Department, he was identified and charged with illegal possession.