NY DEC Busts Fluke Poachers

DEC Officers Charge Two for Overfishing Summer Flounder

A father and son fishing team are facing misdemeanor illegal commercialization charges after New York State Department of Environmental Conservation Police Officers (ECOs) caught them violating summer flounder trip limits when their boat returned to port in Southampton late last month, the agency announced today.

Two ECOs boarded the FV Mary Elizabeth, a 60-foot Stern trawler, when it returned to port on December 22 at the Southampton town dock in Shinnecock Inlet. During their inspection, officers examined the Fishing Vessel Trip Report (FVTR) which reported 210 pounds of summer flounder, the current legal limit. However, further inspection and weighing of catch on the deck and in the hold found six hundred pounds of summer flounder, approximately 398 pounds over the legal limit.

“New York State’s proud commercial fishing tradition goes back hundreds of years,” DEC Regional Director Peter A. Scully said. “It is regrettable when a few bad actors tarnish the reputation of a sound and admirable profession. We are very fortunate to have a police force which works tirelessly to prevent these individuals from taking advantage of our natural resources.”

Facing charges are John Berglin, 56 of Hampton Bays, the vessel’s owner and operator, and his son, Scott, 25, also of Hampton Bays. Both men were released on a field appearance ticket with an arraignment date of February 11 in Southampton Town Justice Court. The misdemeanor commercialization charge carries a potential maximum penalty of $5,000 and a year in jail.

After charging the men, ECOs took possession of the 398 pound sushi grade quality summer flounder and donated it to the Lighthouse Mission in Bellport.

Individuals who observe illegal environmental activities on Long Island are encouraged to call DEC’s Division of Law Enforcement at (631) 444-0250 on weekdays during business hours, and the Environmental Conservation Officers Hotline 1-844-DEC-ECOS at all other times to report those activities.

29 responses to “NY DEC Busts Fluke Poachers”

  1. Captain Mike Drew

    Good!!! For the DEC and it’s officers who brought these two men to justice, it’s tough enough as it is with the federal government regulations on catches and limitations on the fishing industry throw the book@em.

    1. austin walinchus

      I think this is going on alot more then we think. Stripers in carolina fluke here. How many arent getting caught? ?

      1. claude

        380 lbs? Has any of you people researched the surrounding states limmits? How about nj. Or north carolina. They drag the same areas. They have weekly limits of 4 to 5000 lbs. Nys. Is a joke. There are plenty of fluke.

      2. duke

        So its ok to drag 5000lb? I’m in Mass. and we have to deal with shortages and limited time to fish, due to over fishing south of us. The limits and laws should be coastal!

      3. kenneth

        Look long island fluke fishing isn’t the best when I was growing up the regs were 14″ now there 18″ and a few keepers a year yes I fish alot I got 1 keeper the year and prob about 150 fluke. There maybe a bunch of fluke but keep killing them and we won’t have any left I’m all for taking legal fish home even the occasionally illegal due to a gill hooked fish which is going to dive but I follow the rules some size limits are just getting crazy 2 years ago fluke in ny had to be 22 Inc to keep were NJ had I think 17 inch does that mean anything to you

    2. Bill

      @Claude, a few things… OK, first, the limit is the limit. If they don’t like it, they don’t have to fish. Second, they did it knowingly and deliberately, as evidenced by the falsified trip report. Third, weekly limits aside, this was a single trip where they caught 3 times the limit. If there are really plenty of fluke, then why don’t people catch 3 times your glorified limits of 4000 to 5000 lbs. per week? You seem to think it’s perfectly OK to catch triple the limit, so why have limits at all. Let’s all just use 1/4″ mesh drag nets, so we can sanitize the entire in/near shore environments. That’s what your comment suggests. Also, it suggests that you are of questionable moral and ethical character.

    3. Chuck Dudley

      I agree Its taken the fun out of fishing u spend money an Spot If time dont catch the big one ny robbing folks

  • Jackwagon

    Your post gave me AIDS. You applaud the officers but say there is to many regulations.

  • Sean Curley

    Fine them. Then revoke there license for a year. Why trust them again.

  • Tom Stagnitta

    The best news I’ve heard this year, I hate it when people don’t obey the rules. I have more fights with people every year whether Crabbing or fishing, leave some for tomorrow so our children can know the fun of catching fish.

  • scott kapalka

    a fine of 5000 dollars doesn’t seem very steep considering the price of flounder. I hope they do some jail time

    1. chris ortiz

      Agreed. $5,000.00 is no where near enough. They probably make that every time they break the law like this and only get caught 1 out of 100 times. This will probably not even stop these jokers.

      1. Tony

        In Ct they can take anything that was used to harvest or store those fish hopefully they take their boat and equipment as well then they won’t be able to break the law!

  • Brenden - Captree Bait

    This is wrong. Only $5000 fine, that’s amazing. Slap on the wrist. That’s like 2 trips of catching 600 pounds. You wonder why so many people over fish. They should go after the company buying as we’ll.

  • Cathy Muli

    Please clarify…what happened to the 210 lbs. ?

  • IFTIA

    They probably let them sell it so they could pay the fine. Aaaaaaargh!

  • john allen

    First time slap there hands next time take there permits

  • James Bittle

    They should have gotten the book thrown at them . I’m an avid fisherman. I obey the rules as with some of my other fishing partners. This is why our creel limit and size limits go up each year. A slap on. The wrist won’t. Stop them from doing it again. If we all disobeyed the rules that they put on us their wouldn’t be anything out their for our children and or grandchildren. And then again there children’s children . Give the law breakers time in jail and a heftier fine, or just confiscate there boat. Keep them off the water.period.

    1. Russell Coleman

      Make them pay the 5,000 fine then suspend thier permits and last but not lease take thier boat that would stop them for a while…

  • JET III

    I caught a lot of fluke this past year, only one was a keeper and 21″ in size, take the boat, sell it and build a hatchery!

  • Thomas

    So the ECO’s confiscated the amount of their catch which exceeded the legal limit, not the entire catch! WTF! Take the entire haul, seize the boat until their court date and put these guys out of business otherwise they’ll be back at it the next day. Max fine of $5k and a year in prison, they’ll get a slap on the wrist because their lawyer knows the judge. How many other hauls do you think they brought back which weren’t found? All this illicit activity contributes to why we have the limits recreational guys have to contend with every year. These guys should have their licenses revoked for a year. If the penalties are so severe to change behavior, absolutely nothing will change. One boat caught among how many others who do this every day! As I said, they should have confiscated the boat and given the entire catch to the homeless shelter. A year minimum loss of operator’s license coupled with significant fines and mandatory jail time and captain’s of commercial vessels will think twice. This stuff is completely out of control and recreational guys are the ones who pay a higher price than the criminals causing the problem! Figure that one out!

    1. Pat

      Good post. I agree, take their boat. Send a message.

  • Pat

    Thank God for the ECO’s. 400 pounds over the limit???? That is CRAZY. They should do jail time and pay a hefty fine. I fluke fish all summer and go home empty handed many times because I follow the law. Under 18″ and it goes back. Obey the law!!!

  • Joe Procopio

    I think what these guys did is blatant and despicable! A $5000 fine is a joke! With fluke going for $11.99/lb, these guys could make that up by doing this one more time! The fine should be more like 10x the price of fluke per pound. A $50,000 fine, a month in jail and having their license taken away for a year would seem much more appropriate in my opinon! It is really scary to think how much of this illegal activity is probably going on out there undetected and unpunished while the rest of us law abiding citizens are paying the price with shorter seasons, higher minimum sizes and lower limits!

  • chris

    the regs are voluntary unless enforced

    please consider joining CCA if you want to advocate for responsible management at the policy level

  • Leo

    If I bring one undersized fluke to the port- my boat will be revoked.
    Know why?
    Because I don’t pay bribes.
    Think about it carefully.

  • Jay

    Look at all the circular talk going on here, has anyone stepped back to look at the bigger picture? I’m absolutely not saying that what they did was right but while the fishermen squabble about overages and violations has anyone seen the imbalance in the way things are even set up? How is one state able to get much higher limits than a state right next to it? If there is a shortage, why are some states able to wrangle higher limits than others?

  • zeke

    Why is it that guy’s like these still have commercail lic. puttem in jail!

  • Bryan

    U bunch of cry babies, the state put to many regulations on commercial guys and put them out of business, easy for u to complain because your job isn’t affected every time some snot nosed college kid thinks there are no fish in ocean.I can catch my limit any time of large fluke u people just don’t no how so obviously there are no fish left.

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