An open email tp DEC Law enforcement and our local reps

To: [email protected], [email protected]

Cc: [email protected], [email protected], [email protected], [email protected]

Gentlemen,

I am a Charter Boat Operator who works out of the Northport and Smithtown area. It has become embarrassing telling fares that the only fish I can guarantee they will get total home are Porgies. You see, I don’t lie to my customers and I tell them like it is as far as fishing goes. I am sure you know as well as I what the contents of tis email will be.

This is addressed to both of you because you have both been listed as acting Captains in Region I. I have had a number of email exchanges with John Maniscalco relating to the poaching of blackfish in Long Island waters.

I plan to move this discussion to various clubs and organizations that support the fisheries here on the island. One of the basic questions that arose out of my various discussions with John revolved around the significant poaching that is occurring. In the last 4 years I have caught 4 traps that were loaded with short blackfish and not buoyed. Some were part of a string but since they got caught in my anchor I could not pull them all up. I pointed out to John that if you fish Rhode Island you can regularly catch 6-8 lb fish and the same applies to South Jersey. We go through 30-50 fish before catching one 16”. I am hearing that blackfish are bringing up to 15.00 a lb in Chinatown. This provides plenty of incentive for illegal potting. Additionally, fines and penalties are often reduced through pleas at the rare times they are caught. Yes, we have a tagging program now but the poachers won’t care. They work at night. By the time anyone would be around to check their catch they are well on their way to Chinatown where no one cares about tags on fish. I would bet that there are no DEC night patrols observing the activity of vessels in the Prices Bend area of Huntington or along the shoreline by Caumsett, Smithtown and other similar locations, nor do I expect they are checking markets in Chinatown just to hear lies that their fish came from out of state. From looking at your online roster of enforcement officers it would seem that you have barely enough to man vessels by day. I have seen officers stationed at the ramps checking recreational catches. This will not catch the potters but will account for their daily activities. I submit that this is not the way we will eliminate poaching. I think the DEC needs adequate funding for additional personnel and toward that end I have a few questions.

1. If you catch a person with a string of traps that are legal but not buoyed, what is the penalty?

2. If you find a subject trapping without a permit, what is the penalty?

3. If a person has a permit but exceeds the daily or weekly catch limit, what is the penalty?

4. If a person has exceeded the catch limit or soaks the pots for an excessive time is there a penalty?

5. Are DEC officers permitted to pull buoys to make sure the traps are properly tagged and identify the owner?

6. Do you have night patrols

7. Finally under the FOIL Act I am requesting information on the number of illegal potters caught in the year 2020, their location and the total penalties, fines or other corrective action taken against them.

Bottom line is that I think that even if these poachers are caught they plead down the fine and it makes the whole process worth it. I know it’s like doing your job with your hands tied.

As I mentioned in the beginning, I am going to be speaking about this very issue at various clubs and with our state legislators to see what can be done to ensure that night patrols (if any exist at all) are increased.

Now on an additional matter, Fluke is 19”. Year after year we return 18 1/2” fish to the water anticipating that these fish will grow to legal size the following year and yet, the 19” fish are gone year after year. No one at the DEC can provide an explanation. Trawlers are pulling nets and catching small fluke after the larger ones clog the holes in the net. Then because they drag too long, they toss back dead undersized fish. This will be a legislative problem. They they should keep every fish caught with a tonnage limit. No point in returning dead fish, is there? I would bet that older civilian observers would be happy to work on these vessels watching drag times and monitoring catches.

Sincerely,

Ray
www.fishfreedom.com
 
All of the local clubs are focused on decreasing size limits and stuff like that. If we don't get enforcement nothing we do will work. I wish I could start a lobbying club for enforcement of tee law. There are not enough DEC guys out there. I will let you all know of the reply I get (if any).
 
Send the DEC to the old Shoreham pipeline. There were so many blackfish pots last year you could not anchor anywhere.

Like anything else, if they start to patrol at night and a few get caught, it will stop.

The message has to be delivered by the DEC and they have ignored this problem for years.
 
I still believe that local clubs are being misguided addressing size and quantity limits. All this will take care of itself if we can get our DEC officers to do something else but stand at the ramps.. I can't wait t seethe reply.
 
Maybe our local DEC-Stony Brook needs a change of command. I have heard the "lack of manpower" excuse for the last 25 plus years.

Many years ago when I used my non commercial lobster license( yes, you could still catch a few lobsters in Long Island Sound) I was stopped by two officers from the Syracuse area. They were "on loan" to Long Island for the busy summer months.

It seems the local command needs to changed. They don's adapt to todays times or find ways to increase resources when needed.

Many of the concerns above have been expressed for many years. The DEC does not act and uses the same old worn out excuses.

Lets see if and how they respond to a well written letter above.
 
No response so far. I plan on getting congressmen and women involved. Let's see if THEY can make a difference. It's all sin the penalties as well. Pleas tp lesser charges should not be allowed. Pots and vessels should be confiscated. No matter how hard the DEC does their job, the courts don't back them up.
 
A "commercial lobsterman" in my marina was caught dumping bags of blackfish by Greenwich, CT police in November 2019. He was found guilty, locked up and fined. Saw him back at it last week. The reward out weights the risk. A $1000 fine isn't even 10% of what most of these guys make a month.
 
Thank you Cant FP. That's exactly what I am talking about. The "FIX" for our problem is in Law enforcement and penalties....NOT in various angler groups getting together and complaining that we are not allowed to take smaller fish. They are a waste of time. I even wrote to one of them and did not get a reply. I should post that as well but I don't want embarrass the party(s) I wrote to. I am keeping good records of all of this. I would like to effectuate change. Please talk about this with other anglers as I may decide to form a lobbying group to have the DEC better supervised and penalties stiffened. 1000 fine can be recovered in a week. Take away their boats for a year. Let them work for a living like everyone else.
 
Well folks......you asked to be brought up to date. I wrote over 2 weeks ago the email I posted above and no one has seen fit to write a response. Here are the people I wrote to:
To: [email protected], [email protected]

Cc: [email protected], [email protected], [email protected], [email protected]

Perhaps you might drop them a line to encourage them to write a reply to my email.
Any support would be appreciated! You can even include a link to this thread:

An open email tp DEC Law enforcement and our local reps
 
Stealing a line from Casablaca here but:

I'm shocked, shocked to fine that no one from the DEC responded.

Have you tried the local NY State representatives. State Senate and Assembly.

NY State DEC relies on "YES" votes from our NY State representatives for funding.
 
DEC response to my letter. Their text is in bold. Clearly the fines are inadequate and we need to approach our assembly people to encourage additional staffing and enforcement without pleas



When we bring cases to court we have to get the Assist District Attorney to charge the higher levels and seek high fines we are allowed to ask for in law, then a judge has to agree to this as well when assessing the penalty during a plea or after trial.

We check markets all around NY State, but especially in New York City for illegal blackfish, fluke, striped bass, lobster, shellfish, etc. The new commercial tagging for Blackfish is hoped to slow illegal dealings in Chinatown. We work with the town Constables and the USCG to increase our ability to cover more area especially for off hour patrolling.



You included US Congress representatives on your email, your NY State Assemblyperson and Senators can change the laws to increase penalties, increase funding, and change laws to restrict commercial fishing. The District Attorney and judges that assess the penalty in court are elected and can be informed by their constituents that poaching is an important issue and you and the fishing clubs would like them to treat these as such. The US Congress can revisit the Magnuson-Stevens Act to address the distribution of fish between states.




1. If you catch a person with a string of traps that are legal but not buoyed, what is the penalty?
Fine range is $0-250. If the traps are legal and it is a shallow area where recreational fishermen often pull up the trap and steal its contents, We often go with a warning. Some surface marked gear will lose a buoy from vessel strike or boaters using the marker as a mooring ball.


2. If you find a subject trapping without a permit, what is the penalty?

Fine range is $0-250 and each trap can be assessed as a separate violation. If they possess illegally taken fish, 1-5 fish can be $25/fish, 5-25 $50/fish, 25+ $100/fish and if the value of fish is over $250 it can be charged as a misdemeanor, and over $1500 in value of illegal fish it can be a felony with a $5000 fine added.

3. If a person has a permit but exceeds the daily or weekly catch limit, what is the penalty?
If they possess illegally taken fish, 1-5 fish can be $25/fish, 5-25 $50/fish, 25+ $100/fish and if the value of fish is over $250 it can be charged as a misdemeanor, and over $1500 in value of illegal fish it can be a felony with a $5000 fine added.


4. If a person has exceeded the catch limit or soaks the pots for an excessive time is there a penalty?

If they possess illegally taken fish, 1-5 fish can be $25/fish, 5-25 $50/fish, 25+ $100/fish and if the value of fish is over $250 it can be charged as a misdemeanor, and over $1500 in value of illegal fish it can be a felony with a $5000 fine added.



There is no limit for soak time in NY and fish in unchecked traps are not yet possessed


5. Are DEC officers permitted to pull buoys to make sure the traps are properly tagged and identify the owner?



Yes, we encourage people that come across unmarked traps like you describe to report them to us so we can investigate, our dispatch number is 631-444-0250

6. Do you have night patrols

Yes



7. Finally under the FOIL Act I am requesting information on the number of illegal potters caught in the year 2020, their location and the total penalties, fines or other corrective action taken against them.

Foil requests must be made through the instructions found on the page this link brings you to.

New York State Freedom of Information Law (FOIL)




From John Maniscalco regarding the keep what you catch commercial fishing-

The knife-edge pattern you describe, where availability of legal-sized fish drops off suddenly, is pretty common in fisheries regulated using a minimum size. As animals grow into legal size, pressure on them is pretty high and they are quickly removed from the population.



Dead discards are certainly a problem for many fisheries, commercial and recreational. Currently, the commercial 14” minimum size for fluke is in both federal regulation and NYS law so undersized fish can’t be kept. That 14” minimum size is partially based on the size at maturity in summer flounder – allowing most fish to mature and spawn before reaching harvestable size. The tonnage limit approach you suggest would require significant revisions to current management. In addition, European fisheries have implemented the “landings obligation” or “discard ban” concept to mixed results.







Sean Reilly

Lieutenant, NYS ENCON Police
 
come on the New Rochele and Rye side of the sound .....EVERY rock pile from the throgs neck bridge to the CT border is covered with these fish traps.........
The fine is nothing to these guys........you want to stop this take their there boats and gear.....due away with all fish traps period.......we are just beating a dead horse here nothing will be done......


Thank you for the great read Sean........Be safe
 
Seems we need to get on our local N.Y. State Senate and Assembly members to change the laws and increase the penalties for violations in NY State

The 14-in minimum for fluke on the commercial side needs to be addressed as well. The response stated it is both a federal and state regulation. NY State is following the federal guidelines.

Local congress members ( Suozzi, Zelden, ect) need to be pressured to change the federal regulations
 
I spoke with the DEC several years ago about this same matter;;
the answer I got was..We will take the easy way out and shut down blackfish in total...No commercial sale in NYS ,, No out of state fish no rec. fishing total closure ..
 
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