January 2014 - February 2014
NJ Division of Fish and Wildlife
Monthly Highlights
Bureau of Law Enforcement

Northern Region

Officer Ocampo followed up on information received from the Vernon Township Police Department. They advised that a large party had occurred on the Hamburg Mountain WMA and that a tree was cut down, landing on utility lines that supply power to a police radio tower. The tower was without power for several hours, leaving three (3) police departments without radio communications. Vernon Police responded and were able to apprehend several individuals that were still on scene. They documented everyone who was on scene and developed a lead on additional suspects. Officer Ocampo interviewed twelve (12) individuals and obtained confessions from each of them relating to their presence at the party. A total of twelve (12) summonses were issued for "After Hours on a WMA" and "Maintaining a fire on a WMA". The party that was responsible for cutting down the tree has not yet been determined; Officer Ocampo and the Vernon Township Police are still actively investigating additional leads.

Officers Driscoll and Ocampo, along with Lt. Sutton, responded to a complaint from the West Milford Township Police Department regarding closed season deer hunting. West Milford Police responded to a residence regarding a deer that had died in the person's back yard. The resident stated that she had heard a gunshot and shortly after, observed the deer come into her yard and lay down. The Officers were able to back track the blood trail from the deer and foot tracks in the snow, where they located a cell phone, a pair of camouflage gloves and various food wrappers and cigarette butts. The Officers continued following two (2) sets foot prints to a gas station on Route 23. They reviewed the surveillance footage from the gas station and observed a Dodge Ram truck leaving the parking lot shortly after the complaint was received. A reverse 911 was performed by West Milford PD, which produced the identity of the owner. Officer Driscoll responded to the suspect's residence, where he obtained a written confession from the suspect and the identity of the second suspect. He then responded to the second suspect's residence and obtained a confession from him. The first individual was issued summonses for "Hunting Without a valid Firearm Hunting License", "Hunting deer with a muzzleloader during closed season", "Failing to fill out the harvest report immediately upon killing" and "Taking a antlerless deer with a muzzleloader, without a valid permit". The second individual was issued summonses for "Hunting without a valid Firearm Hunting License" and "Hunting deer with a muzzleloader during closed season".

While driving westbound on State Highway 22 in Clinton Township, Hunterdon County, Officer Paey saw a man walking down the eastbound shoulder of the divided highway carrying an antlered deer skull. Officer Paey turned his vehicle around, and as he approached the man, saw him throw the deer skull into the woods along the highway, run back to his vehicle and drive away. The vehicle then pulled into the parking lot of a local restaurant down the highway and almost struck multiple cars parked in the lot. Officer Paey contacted the driver at his vehicle and immediately noticed the strong smell of burnt marijuana coming from the vehicle. When asked, the man produced a large bag of marijuana from the passenger seat. Officer Paey was also able to see eight (8) leghold traps in plain view in the vehicle. The man claimed that the deer skull was one that he had "found" previously, but he did not have any documentation for it. The man also claimed that the leghold traps were only used in Pennsylvania, but a record check with the PA Game Commission showed that he has never had a trapping license there. Clinton Township Police responded and arrested the man for the marijuana. Officer Paey issued the man one (1) summons for possession of unregistered deer parts and eight (8) summonses for illegal possession of leghold traps.

Officer Paey responded to assist the Frenchtown Borough Police, in Hunterdon County, with a complaint involving a man who saw his neighbor shoot at squirrels with a pellet gun, out of his window, in a densely populated area. While at the complaint, Officer Paey found where three (3) air rifle pellets had struck the complainants detached garage and were lodged in the wood siding. Lt. Applegate assisted with the investigation, removal of the pellets, and collection of evidence from the scene. Frenchtown Borough Police had already recovered the .177 caliber air rifle from the shooter, who did not have a valid NJ Firearm Purchaser's ID Card. Frenchtown Borough Police filed 2C criminal charges in the case related to the illegal possession of a firearm. Officer Paey issued three (3) summonses for "discharging a firearm without due caution and circumspection", one (1) summons for "causing damage to the property of another while attempting to take wildlife", and one (1) summons for "possession of a loaded firearm within 450 feet of an occupied building".



Central Region

CO Szalaj and Lt. Szulecki responded to a report of a dog shot by a hunter at the Kirby's Mill Elementary School in Medford Township, Burlington County. The dog owner had taken his 4 year old Pit Bull/Staffordshire Terrier mix to run at the school fields. He let the dog off leash and the dog started running away from the school buildings. When the dog was approximately 200 yards away, the owner heard one shot and saw his dog fall down. He ran up and found his dog dead on the ground. He saw a hunter standing at the edge of the school property about 35 yards away. The dog's owner contacted Medford Township Police Department who responded and took the hunter into custody. The hunter had been hunting on private property adjacent to the school property. He fired one shot at what he claimed he thought was a fox. He indicated that he was approximately 70 yards from the dog. He was 253 feet from the baseball field backstop. A necropsy done on the dog showed that she was killed by a six 00 buckshot pellets one of which lodged in the brain. Lt. Lacroix and CO Mascio assisted with the investigation. The hunter was charged with careless discharge of a firearm, damage to property while hunting and possession of a loaded firearm within 450 feet of a school playground.

Lt. Lacroix received information regarding a vehicle being struck by shotgun pellets while travelling on the NJ Turnpike in the area of Middlesex/Mercer County. According to the driver, he was travelling south on the Turnpike with additional family members following in a separate vehicle. Somewhere between the Cranbury service plaza and exit 7A, the driver in the first vehicle and a passenger in the second vehicle both heard a bang. The passenger turned and saw two hunters in a wooded area adjacent to the Turnpike. When they stopped at a rest area just over the Delaware Memorial Bridge, they noticed what appeared to be a bullet strike in the right rear passenger door just below the window and a hole in the taillight in the right rear side of the vehicle. After conferring with each other, they realized the bang they had heard was a result of the car being struck by shotgun pellets. They contacted 911 and were eventually put in touch with NJ State Police in Cranbury. Lt. Lacroix and Troopers met with the driver and examined the vehicle. It appeared that the vehicle had been struck with two buckshot pellets. Lt. Lacroix also spoke with the passenger who had seen the hunters. The witness stated that the hunters had been in an open wooded area and she had not seen any buildings.

Lt. Lacroix and CO's Mascio and Martiak patrolled the ten mile stretch of the Turnpike and conducted a number of interviews of hunters who had been hunting in the area on the day in question. They were able to narrow their search down to a patch of woods in Robbinsville Twp., Mercer County and to a specific group of hunters. Lt. Lacroix and CO Mascio interviewed three hunters in Bergen County that had been hunting in the area that day. From that interview, they were able to identify the hunter who had shot at a deer and struck the car. The hunter was charged with careless discharge of a firearm, damage to property and discharging a firearm across a roadway.

CO Martiak received a complaint from the Piscataway PD, Middlesex County regarding an individual who was hunting deer during the closed permit shotgun season. The hunter told the police officers that Fish and Wildlife had extended the deer season. The officers were hunters and knew that the season was not extended. CO Martiak issued the hunter summonses for hunting deer without a permit and hunting during the closed season.

CO Mascio received a complaint from the Edgewater PD, Burlington County regarding a hunter shooting Canada geese too close to a building. The hunter told the officers that he was shooting geese on a depredation permit. CO Mascio investigated and found that the hunter did not have a depredation permit and had killed eight geese. The hunter was charged with hunting Canada geese during the closed season, hunting without a license, hunting without a federal waterfowl stamp, hunting without a state waterfowl stamp, hunting without a HIP number, taking 5 geese over the daily limit and possession of a firearm within 450 feet of a building.

CO McManus and Lt. Szulecki went to the residence of an individual to speak to him about a pile of trash which was dumped at Turkey Swamp WMA in Monmouth County. His name and address were found on letters amongst the pile of trash. The suspect was not home on this occasion. CO McManus returned on future dates, but even though it appeared that someone might be home, no one would answer the door. On the first visit to the residence CO McManus and Lt. Szulecki spoke to one of the neighbors. This neighbor told them the name and location of where the suspect was presently employed. CO McManus went to this location and interviewed the suspect. After a brief interview, he admitted to dumping the trash but he said that he only did it to lighten the load on his truck because he was stuck in the mud. The suspect was issued a summons for dumping on a State WMA. On 2/11/14, the suspect pled guilty to the offense in Freehold Township Court and agreed to pay a penalty of $1000.00 for the offense.

CO McManus received information that an individual had an unregistered set of antlers at a taxidermist in Manchester Township. During an inspection of the taxidermist's log book, it was uncovered that the hunter had given the taxidermist the same confirmation number for two different sets of antlers that he had brought in to be mounted. After speaking to the hunter, it was determined that only one of the deer had been legally registered. The hunter was issued a summons for failing to register his deer. He later pled guilty to the offense in Manchester Township Municipal Court and paid a penalty of $100.00.



Southern Region

CO Toppin investigated an on-going trespassing complaint on posted private property in Franklin Township, Gloucester County. CO Toppin conducted a foot patrol of the area and observed a hunter placing bait out for deer hunting near his deer blind. However, the hunter did not hunt that evening. CO Toppin returned the following day and again the hunter did not use the blind, but he observed the same individual setting snares between the trees in the area of the bait pile. After watching him set all the snares CO Toppin apprehended the unlawful trapper. The trapper admitted to setting the snares to catch deer for meat. CO Toppin continued to interview the suspect and was invited into the house so the suspect could write a voluntary statement. While in the house CO Toppin conducted an interview and obtained the written statement

Based on information provided during that interview, Conservation Officers from the Southern Region executed a search warrant several days later. The officers recovered processed deer meat, 41 leg hold traps, 5 unregistered turkeys and parts, 12 unregistered deer and parts, a bobcat, an endangered species in New Jersey, a red tailed hawk tail section and a beaver without a possession seal. The hunter/trapper was cited for attempting to snare deer, trapping without a license, not having a snare certificate, setting untagged snares (16 counts), setting snares with an opening greater than 12" (16 counts), setting snares above 24"(16 counts), setting snares without deer stops (16 counts), did hunt within 450' of a residence, did unlawfully possess five turkeys, did fail to tag or register all the turkeys, did hunt turkey without valid permits, did fail to use harvest data tag and record harvest data via electronic deer check system (12 counts), did hunt without a license, did hunt deer without archery permits (6 counts), over the daily bag limit for fall bow season (two antlered deer), trespassing for purpose of trapping and hunting, possession of beaver without a possession seal, possession of red-tailed hawk parts and unlawful possession of an endangered species (bobcat).

CO's Fox and Vazquez worked a complaint they received from an archery hunter when he heard gun shots in a zone that was closed to firearm deer hunting in Vineland City, Cumberland County. The officers conducted a foot patrol and located evidence that a deer was killed and followed the drag marks and foot prints back to the residence of a local hunter. They conducted an interview and he admitted to unlawfully harvesting an antlered deer. CO Vazquez called Lt. Risher for assistance and he responded to the scene because he had prior contact with the suspect. Once the voluntary statement was complete, Lt. Risher conducted his own interview with the suspect about a deer that was unlawfully harvested during the six-day firearm deer season of 2012. Lt. Risher showed the hunter a photograph he received depicting an 8 point buck killed in Upper Deerfield Township in the bed of the suspect's truck. The suspect tried to deny the deer was killed in zone 28, but when faced with all the details that Lt. Risher knew, the suspect admitted the deer was killed by his cousin while trespassing in Upper Deerfield Township. The cousin was also in possession of the unlawfully killed deer that had just recently been killed. The officers went to the second residence and recovered both illegal deer. CO Fox charged the hunter with hunting with a firearm out of season, fail to report harvest data correctly, fail to complete harvest data tag, unlawful possession of deer and harvesting a deer without three antlered points on one side. Lt. Risher charged the second hunter with trespass for the purpose of hunting, failing to complete a harvest data tag correctly, failing to report information correctly with the automated deer check system and for the unlawful possession of deer.

CO's Toppin and Vazquez apprehended a group of late waterfowl hunters along Big Timber Creek in Bellmawr Borough, Camden County. They observed the group hunt one hour after sunset and return to the ramp. The officers conducted and inspection and found that one hunter did not have his federal duck stamp as well. Each of the hunters were issued a summons for hunting waterfowl after sunset and one additional summons was issued to the hunter that did not have a federal duck stamp. CO Toppin also issued warnings for boating violations.

Lt. Risher attended the Salem County Federation monthly meeting.

Lt. Risher gave a Division presentation to Boy Scouts Troop 60 in Upper Pittsgrove Township, Salem County.

Lt. Risher responded a homeowner's complaint of hunters within the safety zone and trespassing in Washington Township, Gloucester County. Unfortunately, the hunters completed their drive and were parked along the road when he arrived. Lt. Risher conducted an inspection of the deer club and cited two hunters for not having a valid shotgun permit and failing to exhibit a license upon request. He issued a verbal warning for failing to complete a harvest tag.

Lt. Risher was patrolling in Lawrence Township, Cumberland County when he observed a pick-up unlawfully blocking a road with the doors open. He observed two men get back into the truck and leave the area. Lt. Risher suspected illegal hunting and conducted a motor vehicle stop. The two men were out hunting because there were several freshly killed ducks in the bed of truck. Lt. Risher issued a summons to one hunter for failing to exhibit a license upon request and possessing an open container of alcohol and issued a written warning to the driver for blocking the road.

Conservation Officers of the New Jersey Division of Fish and Wildlife conducted a joint investigation with the Pennsylvania Game Commission involving the commercialization of striped bass (Morone saxatilis) in both Salem and Cumberland Counties. The investigation was initiated when Conservation Officers identified an organized ring of commercial fisherman illegally selling striped bass. Currently the striped bass is classified as a game fish in New Jersey and under state law (NJSA 23:4-27 and 23:5-45.3) no person shall sell or offer striped bass for sale. This includes all fish caught as a directed fishery and as part of a bi-catch or incidental catch while participating in another commercial fishery.

The investigation, which spanned a period of over two years, resulted in criminal and civil charges being filed against eight individuals involved in the commercial sales. Charges included criminal offenses for the sale of striped bass, which is prohibited under NJSA 23:4-27 and is a crime of the third degree for commercialization of wildlife in excess $500. In addition to the indictable offenses, civil charges for the unlawful possession of striped bass over the daily limit and the manner they were harvested have also been filed. Seizure orders for a vehicle and a boat involved in the unlawful sales of wildlife are also pending against two individuals.

The investigation culminated with the execution of search warrant at the residence of Charles A. Franklin, Sr. (57, Salem) who has been charged with two counts of commercialization of wildlife (23: 4-27), 144 counts of possessing striped bass over the daily retention limit (23:4-45.1a), 144 counts of taking striped bass with illegal gear (23:5-47) and 110 counts of filleting striped bass at sea (23:45.1b). Additional individuals have been charged with the following violations: Charles A. Franklin, Jr. (37, Salem), one count of possessing striped bass during a closed season (23:5-45.2a) and one count of taking striped bass with illegal gear (23:5-47); Mark E. Franklin, Sr. (49, Bridgeton), three counts of commercialization of wildlife (23:4-27), 130 counts of possessing striped bass over the daily retention limit (23:5-45.1a), 82 counts of possessing striped bass under the legal size limit (23:5-45.1a) and 130 counts of taking striped bass with illegal gear (23:5-47); Mark E. Franklin, Jr. (28, Bridgeton), three counts of commercialization of wildlife (23:4-27), 130 counts of possessing striped bass over the daily retention limit (23:5-45.1a), 82 counts of possessing striped bass under the legal size limit (23:5-45.1a) and 130 counts of taking striped bass with illegal gear (23:5-47); Stephanie M. Franklin (31, Salem), one count of commercialization of wildlife (23:4-27) and 110 counts of possessing striped bass over the daily retention limit (23:5-45.1a); Linwood H. Donelson (57, Salem), one count of commercialization of wildlife (23:4-27) and 110 counts of possessing striped bass over the daily retention limit (23:5-45.1a); John W. Robinson, Jr. (42, Vineland), one count of commercialization of wildlife (23:4-27), 34 counts of possessing striped bass over the daily retention limit (23:5-45.1a) and 34 counts of taking striped bass with illegal gear (23:5-47); Donghyun Suh (33, Philadelphia, Pa), seven counts of commercialization of wildlife (23:4-27), 136 counts of possessing striped bass over the daily retention limit (23:5-45.1a), 11 counts of illegally possessing black bear parts (23:4-1) and seven counts of failing to maintain proper fisheries records (23:2B-9b). The maximum penalties for each individual if convicted would be: Charles A. Franklin, Sr. $1,196,000; Charles A. Franklin, Jr. $6,000; Mark E. Franklin, Sr. $1,029,000; Mark E. Franklin, Jr. $1,029,000; Stephanie M. Franklin $331,000; Linwood H. Donelson, Jr. $331,000; John W. Robinson, Jr. $205,000; Donghyun Suh $440,000.



Marine Region

On January 18th, COs Woerner and Moscatiello inspected a crab dredge vessel in the commercial port of Belford, Monmouth County. The vessel had been dredging for blue claw crabs in the New York Harbor prior to landing in Belford. During the inspection CO Woerner noticed a half full bushel of hard clams on the deck. As the captain and crewman offloaded their catch of crabs, empty bushel baskets were placed on top of the bushel of clams in order to conceal them. Crabs and conchs are the only species that can be landed under New Jersey's commercial crab dredge regulations. After speaking with the captain and crewman, CO Woerner boarded the vessel and took possession of the clams. CO Moscatiello photographed and counted the clams while CO Woerner issued a summons to the captain for the possession of 122 containerized hard clams, while engaged in the catching and taking of crabs by dredges. On February 10, the captain pleaded guilty to the charge and paid a penalty of $400.00 plus court costs.

On January 18th, COs Klitz and Scott inspected the party fishing vessel out of Point Pleasant Beach, Ocean County. Despite extremely cold weather and rough sea conditions that day the boat had almost 30 patrons on board. The COs inspected patrons as they exited the vessel and made their way through the parking lot toward their vehicles. Almost immediately CO Scott inspected an individual that was in possession of two ocean pout, which is a federally protected species. Minutes later, CO Klitz saw an open cooler that also contained several ocean pout. No one was currently present in the vicinity of the cooler so CO Klitz sat back and waited for someone to take possession of it. A short time later two men, a father and son, walked up and grabbed the cooler. CO Klitz stopped the men and inspected their cooler. The men had three ocean pout. Since these were federal fisheries violations, CO Scott gathered all of the individual's information and completed a referral form, which was then sent to a Special Agent of the National Marine Fisheries Service for further action.

On January 19, 2014, CO's Nicklow and Tomlin conducted an at sea patrol in the Great Egg Harbor River and Bay. During their patrol, the officers inspected multiple fyke nets. Three fyke nets with the same gear number were found to have numerous decaying striped bass and white perch within the fykes. When the officers utilized the automated license system to identify the commercial fisherman whose gear number was on the nets, they discovered the commercial fisherman had failed to purchase a valid 2014 fyke net license for any of the nets being fished. Summonses were issued to the commercial fisherman for wanton waste of marine fish and failure to obtain a valid license for the fyke nets.

On February 8, 2014, CO Swift observed a 32' Regulator with 5 fishermen onboard enter a lagoon in Ocean City. When CO Swift observed the vessel tie up to a private dock behind a house, he proceeded to go around the block and make contact with one of the fishermen in the cul-de-sac in front of the house. CO Swift stymied an attempt by the fisherman in the street to text his fishing partners that they had an unwanted guest. An inspection of the vessel revealed 292 black sea bass during the closed season. The fish were sold for fair market value and weighed 566 lbs. Each fisherman was charged for possession of 58 season black sea bass during the closed season. The owner of the vessel was issued 3 additional summonses for landing black sea bass in excess of 100 lbs. without a NJ black sea bass landing permit, land black sea bass in excess of 10% bycatch limit, and land black sea bass during the closed commercial season.

On Saturday, February 8, 2014, conservation officers observed five oyster harvesters in separate vessels harvesting oysters from waters classified as 'special restricted' in Delaware Bay, wherein harvest is prohibited due to health concerns for consumption of shellfish from these areas. They were observed harvesting outside the seasonally approved waters otherwise known as the oyster tonging area in Maurice River Cove. Resultant to these observations, a total of 104 bushels of contaminated oysters were seized and interdicted from three separate shellfish dealers along the Delaware Bay, thus preventing this tainted product from reaching public consumers.

On Monday, February 10, 2014, five oystermen in separate vessels were apprehended in the same condemned area of Delaware Bay with another 33 bushels of contaminated product.

The combined total of 137 bushels had an ex-vessel value of $5,480. In total from both days observations, six commercial fishermen were found to be harvesting oysters in condemned waters. Four of the oystermen are facing a petty disorderly persons offense which carries up to $500 fine and/or up to 30 days imprisonment, loss of their commercial shellfish license for three years, forfeiture of their vessel, outboard engines, and gear used to harvest the oysters. For the remaining two oystermen, this is a subsequent offense which carries up to $1000 fine and/or 6 months imprisonment, loss of their commercial shellfish license for five years, forfeiture of their vessel, outboard engines, and gear used to harvest the oysters.




Training Unit Highlights

Despite the brutal cold and large amounts of snow the Bureau kept right on training. The winter range cycle provided a 13 degree day for officers and wildlife control personnel to lie prone in the snow to complete the Attorney General's required course of fire. The weather was not much warmer and there was certainly more snow when all officers travelled through poor conditions to be trained in night handgun techniques. Additionally officers completed a challenging shotgun skill series of drills.

Conservation Officers Bryan Mascio, Christopher Moscatiello and Lt. Tom O'Rourke completed the Methods of Instruction course at Monmouth County Academy. They are now certified by the New Jersey Police Training Commission to be police instructors. The New Jersey Conservation Officers have a higher level of instructor certified officers than most municipal police agencies.

The Bureau of Law Enforcement hosted a Glock Arms armorer course at Colliers Mills in February. Conservation Officers Paul Toppin and Brian Scott attended and became certified Glock Armorers.


 
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