August 2009
NJ Division of Fish and Wildlife
Monthly Highlights
Bureau of Law Enforcement

Northern Region

CO Ziegler assisted Wildlife Services with an injured bear that had crawled underneath the front porch of a residence. The local PD determined the bear was injured beyond recovery and destroyed it. The officer, along with members from Wildlife Services, recovered the bear and determined it had previously been shot with a .12 gauge slug. The officer is continuing the investigation.

Lt. Panico and CO Ziegler were asked to attend the Vernon Twp. Council Meeting where two groups were planning to protest the recent euthanizing of Category I bears in the township. The officers were invited to answer questions concerning the bear feeding and trash storage statute.

While patroling the Lamington River, CO Paul inspected an individual who was in possession of several trout. Upon further inspection, she determined he had caught the fish using a cast net and set lines. The individual did not have a valid fishing license or trout stamp. All the appropriate summonses were issued.

While patrolling the Hamburg Mountain WMA, CO Hutchinson apprehended 12 individuals operating ATVs. The officer was injured when one individual attempted to leave the area. Although the officer was successful in get the operator to dismount, the ATV rolled down a slope and struck the officer’s leg. Unfortunately, the officer suffered a slight fracture to his right foot and a slight fracture to his right tibia bone. He is expected to be out on injury leave for a period of time. All the appropriate charges against the individuals were filed.



Central Region

CO Martiak had two productive weekend patrols at Sandy Hook National Recreation Area. He issued 9 summonses for short porgies and fluke, 11 summonses for clamming in condemned waters and clamming without a license and 3 summonses for interference.

Officer Martiak had received information from the Marlboro Police Department, that during an investigation of a burglary at a home in their town, they observed what appeared to be four alligators being kept in the basement of the home. After being notified, Officer Martiak made contact with the son of the homeowner and set up a time to meet and do an inspection. During the inspection only three alligators were present. The subject adamantly denied that there were more than three alligators, even though the police had documented four. The subject went on to claim that he wasn’t aware that it was illegal to possess the reptiles. A check of division records revealed that the subjects have been involved in a number of other incidents with the division, relating to the illegal possession of alligators. Without any means to relocate the animals, the owners delegated that responsibility to the Division. Prior to the day of the transport, the fourth alligator had been returned to the basement. Officers Martiak, O’Rourke, McManus and Lt. Sich along with Linda Buono from the division’s non-game and endangered species program had to capture secure and transport all four reptiles to their new home. Charges are pending.

Officer McManus was able to identify the individual responsible for dumping approximately three cubic yards of building debris on the Greenwood Forest Wildlife Management Area. When Officer McManus completed his investigation, he met with the contractor and his employee at the site. At that time, he was informed by the contractor that his employee had committed the deed. That individual gave a written statement as to his involvement and exonerated his boss of any participation or knowledge of the violation. When the interview was completed, the contractor and his employee proceeded to clean up the debris. Summonses were issued under Title 23 & 13.



Southern Region

Southern Region Officers, assisted by Officers from the Marine Region provided public property protection patrols relative to a reported organized party to be held on Champagne Island. Champagne Island is a tidal sand flat that has been placed under Division control due to its extreme importance as an endangered species nesting and feeding area. A posting on an individuals Face book page offered to provide food, alcohol and a T-shirt for $25.00 for the event. Contact was made with the event organizer and personnel from Land Management and Non-Game and Endangered Species assisted in posting the island with signs and regulations. On the date of the event, officers conducted boat and foot patrols of the island. There were about 150 people using the island and no violations were observed. Other small patrols will be conducted when the tides are right throughout the season.

COs Toppin, Kille and Vazquez responded to a complaint received regarding illegal clamming at Blackwood Lake in Washington Township, Gloucester County. The COs apprehended two females who had collected 6500 fresh water clams. Appropriate charges were filed resulting in a $400 penalty and forfeiture of their 1995 Honda Accord.

During a recent patrol of Penbryn WMA in Winslow Township, Camden County, CO Kille apprehended two individuals for operating ATVs which concluded with the arrest of one of the operators on an outstanding warrant for lewdness. Upon returning to the WMA, CO Kille encountered 5 individuals who had apparently been partying earlier in the day. The CO observed one of the individuals in a truck attempt to conceal something within his backpack. CO Vazquez arrived to assist and the ensuing investigation resulted in the discovery of 53 grams of marijuana and distribution equipment from within the truck. One individual was arrested for possession of CDS with the intent to distribute, possession of over 50 grams of marijuana, possession of drug paraphernalia and failure to surrender CDS to police. The remaining individuals received various WMA charges that included fishing w/o licenses, swimming, maintaining a fire, possession of alcohol, after hours and interference.

CO Risher chaired the 10th Annual South Jersey Youth Outdoor Day which is held at the Salem County Sportsmen Club in Carney's Point, Salem County. This year's event was attended by 200 children and their parents. The event is designed to give children and their families an introduction to outdoor recreational activities.

COs Vazquez and Risher, while patrolling the Cedar Lake WMA in Monroe Township, Gloucester County, observed a vehicle on the WMA after hours and attempted to stop it. The vehicle initially fled the area, but finally stopped for the CO’s and the occupants were questioned. Despite the motor vehicle inquiry indicating that the vehicle was not stolen, the COs were suspicious as the occupants were wearing gloves and the license plate was not properly affixed to the vehicle. Questioning revealed that the vehicle they were operating was recently stolen from a car lot. All the subjects were then arrested and charged with violations of the criminal, motor vehicle, and fish and wildlife codes.
CO Risher attended Franklin Township Police Department's National Night Out event held at the Delsea Regional High School.


Marine Region

Captain Chicketano received very specific information regarding violations on the fishing club-owned vessel Ideal, in Point Pleasant Beach. The information identified two subjects who were catching undersized summer flounder, cutting the heads off and hiding them on a compartment in the boat. When the boat returns to the dock their MO is; one subject retrieves their vehicle that is parked a block away, while the second subject removes the illegal fish from the vessel’s compartment. After they recognize that there is no law enforcement around, the second subject quickly places the fish into their vehicle when it arrives at the vessel. On 7/18/09 COs Dravis, Swift and Lt. Fresco set up surveillance and waited for the vessel to return from a fishing trip. Immediately after the vessel tied up, the first subject walked to the vehicle, which was being watched by CO Dravis. Lt. Fresco observed the second subject carry a bag of fish and place it in a bed of a pickup truck parked near the vessel. This subject then returned to the vessel, retrieved their equipment and waited at the edge of the road for the first subject to arrive with the vehicle. When the vehicle arrived, the second subject placed all the equipment in the vehicle. He then looked around and walked to the pickup truck, picked up the bag of fish and quickly placed in the vehicle. The vehicle left and COs Dravis and Swift stopped it a short distance down the road. An inspection of the vehicle uncovered a plastic bag containing five headless summer flounder; all of which would have been undersized. The appropriate summons was issued.

Information was received that the party boat, F/V Elaine B II out of Highlands was filleting summer flounder at sea and discarding the racks prior to landing. This is a violation of the vessel’s state fillet permit. On 7/31/09, COs Dravis and James boarded the boat in plain clothes as regular paying customers. These undercover COs fished along with other patrons on the vessel and documented observations of the crew and patrons. The COs observed the mate fillet undersized summer flounder at sea, and discard the rack overboard. The COs also observed the mate fillet additional fish while at sea, but could not determine if the racks went overboard. The COs also observed one of the patrons keep three over his limit of summer flounder. The undercover COs relayed this information to COs Jones and Swift who were waiting for the vessel to return to the dock. As the vessel pulled up to the dock, CO Dravis observed the mate kick a rack off of the deck. The mate was issued summonses for discarding the racks of filleted fish. One patron was issued summonses for filleting at sea, possession of three summer flounder over the daily bag limit and possession of three undersized summer flounder. Another patron was issued a summons for an undersized summer flounder. The captain/owner of the vessel was issued a summons for failing to retain the racks of filleted fish. If convicted, the vessel will have its fillet permit suspended for a period of sixty days.

On 8/1/09 Lt. Fresco, COs Jones and Scott conducted a boat patrol in the Sandy Hook Bay and Shrewsbury River. The COs immediately observed several individuals harvesting hard clams in restricted waters off of Sandy Hook National Park. The COs who were in the 25 foot Parker patrol vessel, could not reach the clammers. CO Scott enlisted assistance from an individual crabbing in the area and was taken by boat to the illegal clammers. At that location, CO Scott apprehended eight clammers for failing to have a shellfish license and harvesting hard clams from special restricted waters. While CO Scott was with the eight clammers, Lt. Fresco and CO Jones observed another two individuals harvesting clams. When CO Scott finished with the larger group, he was directed to the other two clammers. CO Scott was driven to the location of the two clammers and made the apprehension. Later in the patrol, the COs apprehended a commercial crab pot fisherman for not having his pot line marked properly.

On the night of 8/3 –8/4/09, COs Scott and Swift patrolled the Atlantic Highlands Municipal Marina/Ramp. While inspecting incoming fishing vessels, a marina security guard alerted the officers to a vehicle with a boat trailer parked in the marina parking lot. The guard claimed that the individual was currently out in a sport boat and usually returned to the ramp at approximately 1:00 a.m. He added that this individual usually returned with “buckets of fish”. The COs waited for the vessel to return. Meanwhile, the party boat FV Angler returned from an evening striped bass/bluefish trip. CO Swift, making efficient use of his time decided to inspect the FV Angler while CO Scott continued surveillance of the ramp. CO Swift apprehended one of the patrons with an undersized striped bass. At approximately 11:30 p.m., the suspect vessel returned to the ramp with two people on board. The COs inspected the vessel and discovered a 150 foot long gill net that still had fish and crabs entangled in it. They also found a bucket of hard clams and a horseshoe crab. The occupants were issued summonses for undersized scup and summer flounder, clamming without a shellfish license, clamming in prohibited waters, possession of blue claw crabs with eggs, and use of a gill net with out a license. A summons was also written for forfeiture of the gill net and a warning for possession of the horseshoe crab.
On 8/8/09 eleven COs from District 7 Marine Region and the Central Region conducted a saturation patrol of the Raritan Bay-shore, targeting the illegal taking and possession of marine fish. COs teamed up to provide coverage from Perth Amboy and east to Sandy Hook National Park. A district 7 patrol vessel also patrolled the waters of Sandy Hook and Raritan Bays, and the Shrewsbury River. Over 330 inspections were made of recreational marine fishermen and clammers. Several marinas and boat ramps were inspected as well as shoreline fishermen and the Keansburg fishing pier. A total of 44 summonses, 3 written warnings and several verbal warnings were issued for violations of marine fish and shellfish regulations. The breakdown of summonses issued are as follows: Sixteen summonses were issued for the possession of 26 undersized summer flounder; two summonses were issued for possession of four mutilated summer flounder; one summons for two fish over bag limit of summer flounder; five summonses for possession of 20 undersized scup; two summonses for possession of undersized blue claw crabs; twelve summonses issued for clamming without a shellfish license; and six summonses and three written warnings for clamming in prohibited waters. One notable apprehension involved a vessel with two persons on board, returning to the Atlantic Highlands Municipal Ramp. COs stationed at the ramp found fourteen summer flounder on this vessel, of which thirteen were undersized. COs Dravis and Martiak, while detailed at Sandy Hook National Park, accounted for the eighteen shellfish violations. These annual saturation patrols continue to be an effective means of enforcing the State’s marine fish and shellfish regulations.

On August 15, 2009, COs Paul and Vasquez while in plain clothes boarded the party boat Big Mohawk in Belmar, NJ. This operation was conducted in response to complaints which had been received that the vessel’s captain and crew were deliberately conspiring to kill and fillet undersized summer flounder. As the fishing trip progressed, the undercover officers observed summer flounder less than 18” deliberately retained and killed. Prior to filleting these short fish, the mate would grab the summer flounder by the tail and bang the fish’s head into the deck of the vessel. The mates aboard the vessel would intermittently brag about their vessel catching more summer flounder than other vessels because they used parts of summer flounder to catch other summer flounder. The mates added that summer flounder are a carnivorous fish species that can often be caught by using parts of one fish to catch another. Additionally, individual patrons retained undersized summer flounder, throwing them onto the fillet table for subsequent filleting by the mate. The undercover Conservation Officers counted at least 25 undersized summer flounder carcasses that the mate cut up for bait purposes. Upon docking, the vessel was inspected by uniformed Conservation Officers Dravis, Fresco, Jones, Scott and Swift. One patron was issued a summons for the possession of three summer flounder measuring less than 18” in length; three patrons were each issued a summons for the taking of five summer flounder over the daily bag limit; another patron was issued a summons for taking one summer flounder over the daily bag limit. The captain/owner of the Big Mohawk was issued summonses for discarding parts of summer flounder prior to landing, and filleting fish less than the minimum size limit. This violation is also a violation of the vessel’s Special Fillet Permit. This permit, issued by the New Jersey Division of Fish and Wildlife, allows party fishing vessels (i.e. vessels accommodating 15 or more persons for daily hire for the purpose of recreational fishing) to fillet legal size fish while at sea. A conviction on these violations would require a 60-day suspension of the vessel’s fillet, for the first offense. The first mate was also issued summonses for discarding parts of summer flounder and filleting undersized fish. Another mate on the vessel was observed by the undercover Conservation Officers selling seven summer flounder to two of the patrons. This is a violation of State regulations requiring all summer flounder sold, must be sold to a federally permitted summer flounder dealer. Each of the summonses issued to the captain and two mates, upon conviction, carry a minimum penalty of $300.00 to $3,000.00.

On July 27th CO Nicklow apprehended an individual in possession of 17 tautog taken from the inlet jetties in Atlantic City. The size ranges of these fish were 6-10”, well short of the 14” minimum legal size limit. CO Nicklow issued summonses for possession of 17 undersize tautog and possession of 16 tautog over the daily bag limit. On July 25th Conservation Officer Nicklow observed suspicious activity in the inlet section of Atlantic City. He watched as an individual made several trips from an adjacent jetty to a parked vehicle on the street. During an hour of observation, CO Nicklow determined that the man was collecting tautog from an unidentified fisherman out of CO Nicklow’s view. This mans sole purpose was “running” illegally taken tautog to his car. Once the scheme was apparent to CO Nicklow, he moved in and inspected the individual at the vehicle. CO Nicklow apprehended the man with 15 undersize tautog and one undersized Black Sea bass. The man would not identify his partner(s) who caught the fish. CO Nicklow was assisted by CO Snellbaker and each officer issued one summons to the individual. Summonses were issued for possession of 15 undersize tautog and possession of 14 tautog over the daily bag limit.

On 7/29/09 Conservation Officers Chris Petruccelli and Jeremy Trembly boarded Charter/Party Vessel Bodacious as it returned to its dock in Port Norris, Cumberland County, following a 30-hour “open boat” tuna trip. When boarded the captain of the vessel claimed to have only one and one half Bluefin tuna on board and directed the COs attention to an exacta in the stern of the vessel. The captain said the half Bluefin tuna was a result of a hungry shark that attacked one of the Bluefin as it was being reeled in. During further inspection of the vessel, Conservation Officer Petruccelli located two additional coolers with tuna. He found fresh tuna fillets in a cooler on the deck of the vessel and a 150-quart cooler filled with tuna steaks hidden in the cabin. The captain claimed that the tuna in the cooler on the deck were also from the partially eaten tuna. He claimed the tuna in the 150-quart cooler was one 70-inch Bluefin tuna which was processed as the vessel sailed back to the dock on the return trip. Initially the Captain made statements to the officers that he thought he could retain two trip limits because the trip was longer than 24 hours in duration. The captain also falsely represented that he thought his NJ fillet permit would allow him to fillet tuna prior to landing them at their dock as long as it was done in State Waters. Neither claim that the captain made was a valid argument since federal regulations govern Atlantic Tuna harvest. Federal regulations require only one Bluefin tuna measuring 27inches up to less than 47 inches and one 47 inches to less than 73inches may be landed per trip regardless of the trip’s duration. Additionally, Bluefin tuna must be landed in a condition where an accurate curved fork length can be determined. The captain admitted that they retained three Bluefin tuna measuring between 47 and 73 inches, which is a violation. CO Trembly and Petruccelli seized the Bluefin tuna parts for analysis. Since a large quantity of tuna parts were landed, lab analysis would determine the exact number and species of tuna actually landed by the vessel. Following sampling of the tuna parts, the number of federal charges that the captain and owner of the vessel would face could increase significantly. COs are preparing samples taken from the vessel to be sent to the lab and completing federal case reports for submission to NMFS for the prosecution of the Vessel’s violations under Atlantic Tunas Regulations.


Training

Conservation Officer Brian Tomlin has successfully completed his 22 weeks of Basic Police Officer Training at the Gloucester County Police Academy. He has now entered into the Bureau’s 12 week field training and will be ready for full time patrol assignment in the fall.

The training unit recently conducted simulated force on force scenarios for the all Bureau personnel. The scenarios put the officer into stressful real-life encounters that solicited him/her to respond with the appropriate force option. Officers were evaluated tactically and legally base upon their response. Scenarios have the ability to provide the most realistic training system possible so that officers can engage in dynamic experience building and ultimately lifesaving exercises. Realistic training can be the difference between life and death.

Conservation Officers Joseph Kuechler and Jordan Holmes of the Northern Region conducted a block of instruction on Wildlife Laws for the Kearney Junior Police Academy in Essex County. The Officers also spoke briefly on careers in Wildlife Law Enforcement.

 
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