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QUEENS---A local commercial fisherman arrested earlier this month for illegally fishing in local waters has been charged yet again with violating various New York State laws and regulations pertaining to fishing, including illegally taking fish from banned waters, fishing without a license and possessing undersized fish.
Francis M. Sabatino, 54, of 1733 East 38th Street in Brooklyn, is charged with illegal commercialization of fish (as a misdemeanor), taking striped bass for commercial purposes without permit and possession of undersized marine species. If convicted, he faces up to one year in prison.
"Despite having been charged two weeks ago, the defendant is alleged to have continued to take advantage of the quick and easy profits that can be made in the black market fish industry", district attorney Richard Brown said. "With a total disregard for the health and safety of people, he is accused once again of fishing for striped bass in waters that are closed to commercial fishermen due to toxins that might accumulate in the fish. Such contaminated fish then make their way through the back doors of restaurants and retail fish markets at a reduced price and put unsuspecting New Yorkers at risk."
The district attorney said that, according to the criminal complaint, a state environmental conservation officer observed the defendant Thursday afternoon on his trawler, the 45-foot Tammy Gale, fishing in various New York City area waterways, including off the coast of Rockaway Beach in Queens. When Sabatino docked the Tammy Gale in the Sheepshead Bay section of Brooklyn at approximately 6 p.m. that night, conservation officers allegedly observed the defendant dump a quantity of striped bass off the boat and into the water. The fish were recovered from the water and an additional 90 filets were allegedly discovered on the trawler. In total, the fish weighed approximately 76 pounds. In addition two short winter flounder less than 12 inches in length were also discovered on the boat. The minimum legal size for winter flounder is 12 inches in length.
The complaint further charges that Sabatino was unable to produce any valid license or permit for fishing or possessing striped bass and that, on Dec. 3, he had admitted to state officials that he did not have a license to fish for striped bass. In addition, all New York City waters are closed to commercial striped bass fishing due to health concerns (i.e., various toxins accumulate in this fish from their eating of other smaller fish).
District Attorney Brown noted that Sabatino was arrested on Dec. 3, and charged with one count of illegal commercialization of fish as a felony, one count of taking striped bass for commercial purposes without permit and two counts of unlawful possession of Atlantic sturgeon. If convicted, he faces up to four years in prison in that case.
The District Attorney said that, according to the criminal complaint filed in that case, Sabatino was similarly observed by a state conservation officer fishing in various New York City area waterways. When the defendant returned to his Brooklyn dock, officers allegedly discovered approximately 872 pounds of stripped bass, 32 pounds of fluke, two Atlantic sturgeons native to New York City waters (with a weight of approximately 32 pounds) and numerous quantities of crabs, each containing egg masses.
The complaint further charges that when requested by officers, the defendant was unable to produce any valid license or permit for fishing or possessing striped bass. Also, as a registered commercial fisherman, the defendant had previously been notified by mail by New York State authorities that fluke season had ended on Nov. 2, and that any fluke fishing done thereafter would be illegal.
According to the District Attorney, while Atlantic sturgeons are not officially listed as endangered, they are considered a rare species and there is a moratorium on catching such sturgeons in New York State. Moreover, many of the striped bass allegedly caught by the defendant were too small in size and the crabs had egg masses on them, thus depleting the population of such fish and crustacea in the region.
District Attorney Brown said that that case is presently awaiting trial. His next court date in that case is also Jan. 30. 12-22-06
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© 2006 North
Country Gazette
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