Deadly Oak Wilt Disease Found in Brooklyn and in Suffolk County NY

New York State's Department of Environmental Conservation (DEC) and Department of Agriculture and Markets (DAM) announced today that the oak tree disease, oak wilt, has been detected in the borough of Brooklyn, Kings County and in the towns of Babylon, Islip, Riverhead, and Southold in Suffolk County. The disease was identified by the Cornell Plant Disease Diagnostic Clinic after samples from symptomatic oak trees were collected by DEC Forest Health Technicians.

Oak wilt had previously been found in Scotia, Schenectady County, until it was identified in Canandaigua, Ontario County, and Central Islip, Long Island earlier this year. Since then, reports of symptomatic oak trees from concerned tree care professionals, as well as the public, have led to the additional detections. The confirmation of the disease in Brooklyn marks the fourth county where oak wilt has been confirmed in New York.

There is no known treatment to contain and kill the oak wilt fungus other than to remove the infected trees, as well as any surrounding host oak trees. At this time, DEC will remove and destroy oaks that have tested positive for the fungus. Testing for oak wilt must be done during the growing season when the fungus is active, so intensive sampling will take place across Kings, Nassau, and Suffolk counties starting next spring to determine the extent of the disease. Aerial surveys will be conducted beginning in July when signs of oak wilt will be most apparent.

DEC is in the process of issuing emergency orders to establish protective zones encompassing the entirety of Suffolk County and the borough of Brooklyn. The emergency orders will prohibit the removal of any living, dead, standing, cut, or fallen oak trees or any portion thereof, including branches, logs, stumps, or roots, and green oak lumber and firewood (of any species) out of the protective zones unless it has been chipped to less than one inch in two dimensions.

State Agriculture Commissioner Richard A. Ball said, "Oak wilt is a fast-moving disease that can kill a large amount of trees quickly. It is important to follow these emergency orders closely to prevent the disease from spreading and protect our trees."

Oak wilt is a serious tree disease in the eastern United States, killing thousands of oaks each year in forests, woodlots, and home landscapes. It is caused by a fungus, Ceratocystis fagacearum. The fungus grows in the water conducting vessels of host trees plugging up these vessels and preventing water transport. As water movement within the tree is slowed, the leaves wilt and drop off, and the tree dies rapidly.

DEC asks the public to be on the lookout next summer for oak trees that suddenly lose leaves during the months of July and August and to report these occurrences to the Forest Health Information Line toll-free at 1-866-640-0652.

For more information about oak wilt or the emergency order, please visit DEC's website.

U.S. Acts on Seafood Imports to Curb Illegal Fishing & Fraud

The U.S. has established additional protections for the national economy, global food security, and the sustainability of our shared ocean resources. NOAA Fisheries will administer the Seafood Import Monitoring Program to further curb Illegal, Unreported and Unregulated (IUU) fishing practices and to identify misrepresented seafood imports before they enter the U.S. market.

The program requires that importers report information and maintain records about the harvest, landing and chain of custody of imported fish and fish products for certain priority species identified as especially vulnerable to IUU fishing and seafood fraud. The program will eventually expand to include all species.

“As a global leader in sustainable fisheries management and seafood consumption, the U.S. has a responsibility to combat illegal practices that undermine the sustainability of our shared ocean resources,” said Dr. Kathryn Sullivan, NOAA Administrator. “We designed this program to further ensure that imported seafood is legally harvested and truthfully represented, with minimal burden to our partners.”

 “This rule is a critical step forward in combating IUU and seafood fraud. It sends an important message to the international seafood community that if you are open and transparent about the seafood you catch and sell across the supply chain, then the U.S. markets are open for your business,” said Catherine Novelli, Under Secretary of State for Economic Growth, Energy, and the Environment at the U.S. Department of State. “The rule will build on similar global efforts and will provide confidence to our consumers in the seafood they eat while also leveling the playing field for honest fishers across the globe who play by the rules.”

The U.S. will use the existing International Trade Data System to collect seafood catch and landing documentation for the priority seafood species. This data system is the U.S. government’s data portal for all imports and exports. Information collected through this program is confidential and will not be available to consumers. Similar information for domestically harvested seafood is already reported under numerous existing state and federal regulatory requirements.

 January 1, 2018, is the mandatory compliance date for most priority species listed in the rule. Due to gaps in availability of information regarding U.S. farmed shrimp and abalone, implementation for these species will be effective at a later date. NOAA and Food and Drug Administration have committed to working together to identify potential pathways to close these data gaps through FDA's food safety authorities. This process will include data gathering and a stakeholder engagement process.

The Presidential Task Force on Combating IUU Fishing and Seafood Fraud, co-chaired by the Departments of Commerce and State, called for the formation of this program. NOAA sought public comment for the proposed design of this program, and the final rule reflects feedback from international partners, the fishing and seafood industries, trade and consumer sectors and conservation community. For more information about this program, visit http://www.iuufishing.noaa.gov/.

Will Nearshore Wind Farms Impact NY & NJ Fisheries?

The Department of the Interior announced the nation’s sixth competitive lease sale for wind farms in federal waters. Yesterday's lease sale offered 79,350 acres offshore New York for potential wind energy development.
The provisional winner of today’s lease sale is Statoil Wind US LLC, which bid $42,469,725 for lease area OCS-A 0512.

Statoil will now have the opportunity to explore the potential development of an offshore wind farm to provide New York City and Long Island with an additional source of electricity.

“We are excited to have submitted the most competitive bid in a highly attractive project, Statoil’s first offshore wind lease in the United States. We now look forward to working with New York’s state agencies and contribute to New York meeting its future energy needs by applying our offshore experience and engineering expertise,” says Irene Rummelhoff, Statoil´s executive vice president for New Energy Solutions.

The New York Wind Energy Area spans 79,350 acres, and covers water depths between 65 and 131
feet. It starts approximately 11.5 nautical miles from Jones Beach, NY. From its western edge, the area extends approximately 24 nm southeast at its longest portion. The lease area consists of five full Outer Continental Shelf blocks and 143 sub-blocks. A map of the lease area can be found here.

 Statoil will conduct studies to understand the seabed conditions, the grid connection options and wind resources involved in the lease site.

“We will work closely with the New York State Energy Research and Development Authority (NYSERDA) on these studies and throughout the permitting process, and in connection with power offtake options,” says Rummelhoff.

Statoil is a Norwegian company primarily focused on upstream oil and gas operations. From a daily production of approximately 1.8 million barrels of oil equivalent (BOE), more than 270,000 BOE stem from the company’s onshore and offshore oil and gas fields in the U.S. 

Outdoor Recreation Jobs and Economic Impact Act of 2016 signed by President Obama

Bill confirms outdoor recreation industry is a significant economic drive

 The bill, known as the Outdoor REC Act, passed the House of Representatives and the Senate in November

This new piece of legislation requires the Department of Commerce, in collaboration with the Department of the Interior and the Department of Agriculture, to assess and analyze the contributions of the outdoor recreation industry, including recreational fishing, to the United States economy. The legislation will help to ensure that sportfishing industry jobs and recreational fishing’s economic impact are accounted for as part of the gross domestic product (GDP).

In a significant step forward for the outdoor recreation industry and the sportfishing community, yesterday, President Obama signed into law the Outdoor Recreation Jobs and Economic Impact Act of 2016.

“At a time when jobs and economic opportunity are high on everyone’s list, the Outdoor REC bill’s passage gives the outdoor recreation industry its own metric by which to quantify its impact on the nation’s economic activity,” said American Sportfishing Association (ASA) President and CEO Mike Nussman. “We have advocated for years that recreational fishing and boating were significant economic drivers. It’s gratifying that the House and the Senate, in a bi-partisan effort, passed this bill which the President has now signed it into law.”

Nussman continued, “It’s important to note that in many rural areas, where jobs are at a premium, it’s fishing, boating and other outdoor activities that provide steady employment for many people.”

The passage of the Outdoor REC Act was needed to make sure that the outdoor economy—and it’s estimated six million jobs and $646 billion in economic activity—receives official government recognition for years to come.

“ASA applauds Congress and the President for enacting this legislation, bringing the outdoor recreation industry’s importance to jobs and the economy into the national spotlight,” said ASA Government Affairs Vice President Scott Gudes. “We appreciate that outdoor recreation is now formally being recognized by the federal government for its impact on jobs, business and the economy.”

Gudes further said, “The Outdoor REC Act will also ensure that the outdoor industry's economic statistics will be measured in the same comprehensive way as other business sectors, such as the automotive and apparel industries. This is important because industry economic impact estimates also include data that show the non-direct impact that the activity has on the economy. For example, it would also include sportfishing’s contributions to travel and tourism, not just the purchase of tackle.”

ASA is an active part of a team representing a wide-range of outdoor industries that will work with the Department of Commerce to shape how outdoor recreation is defined and ensure our reach and impact are recognized.

In his post-campaign remarks, President-elect Trump has voiced his support for maintaining fishing and hunting on our nation’s public lands.

NY Conservation Officers Have a Busy First Half of November

New York State Department of Environmental Conservation (DEC) Environmental Conservation Officers (ECOs) enforce the 71 Chapters of NY Environmental Conservation Law, protecting fish and wildlife and preserving environmental quality across New York.

In 2015, the 268 ECOs across the state responded to 25,000 calls and issued 22,000 tickets for crimes ranging from deer poaching to corporate toxic dumping and illegal mining, black market pet trade, and excessive emissions violations.

"From Montauk Point to Mount Marcy, from Brooklyn to Buffalo, the ECOs patrolling our state are the first line of defense in protecting New York's environment and our natural resources, ensuring that they exist for future generations of New Yorkers," said Commissioner Basil Seggos. "They work long and arduous hours, both deep in our remote wildernesses and in the tight confines of our urban landscapes. Although they don't receive much public fanfare, the work of our ECOs is critical to achieving DEC's mission to protect and enhance our environment."

Recent missions carried out by ECOs include:

Exotic Bird Seizure - New York County

On Nov. 10, ECO Adam Johnson received information from Region 2 investigators regarding the sale of a White Cockatoo taxidermy mount from a store in Lower Manhattan. The White Cockatoo is a threatened species, therefore making it illegal to possess or sell any part of the bird. Officers Johnson, Spencer Noyes, and Wes Leubner went to the store where the White Cockatoo was on display along with numerous exotic animal mounts. After confirming the store had no permit to possess or sell the White Cockatoo mount, the bird was seized and the owner of the store received two summonses for illegal commercialization of wildlife and the possession/sale of threatened or endangered species or parts.

Lake Ontario Tributaries Popular for Illegal Fishing - Monroe County

On the night of Nov. 11, Lt. William Powell, ECOs Brian Wade, John Lutz, John Stansfield, Todd Smith, Eoin Snowdon, and Joshua Wolgast conducted a saturation patrol in response to complaints of subjects sneaking into Lake Ontario tributaries to spear and net spawning trout. It was a busy night and by 4 a.m. the following morning, ECOs apprehended seven individuals from Rochester, New York City, and New Jersey, seized 16 illegal fish, and wrote a total of 18 tickets for taking over the limit of brown trout, taking fish by means other than angling (spearing), fishing during closed hours, failing to comply with the lawful order of a Conservation Officer, and trespassing. Three coolers full of fish were seized as evidence and all subjects were issued tickets returnable to the Town of Webster Court.

ECO's with illegally caught trout

Striped Bass Seizure - Kings County

On Nov. 16, ECOs Mary Grose, John Walraven, Chris Macropoulos, Jeff Krueger, and Brad Buffa were patrolling Gerritsen Creek in Kings County on a DEC Police patrol boat when they encountered a boat returning to port. The captain of the boat stated he had two striped bass on board and quickly showed the fish to the officers. However, further inspection of the vessel located 12 additional striped bass in a mesh bag that also contained a weighted PVC pipe. Grose interviewed the captain and determined that he was a commercial fisherman, although he did not have the necessary carcass tags and other paperwork. The ECOs issued the captain summonses for possession of untagged striped bass, possession of striped bass out of the slot limit, failure to have a VTR, and failure to provide his food fish permit.

Hunting Deer with Bait ... Again! - Sullivan County

On Nov. 19, just before dusk, ECOs Bob Hodor, Matt Burdick, Melissa Burgess, Lt. Mike Bello, and a New York State Police Trooper concluded an investigation involving a hunting camp in the town of Fallsburg. Members of the family camp had been ticketed in 2013 after an investigation revealed that all of the ground blinds and tree stands associated with the camp were heavily baited for the purpose of attracting deer. Earlier this fall, ECOs Hodor, Burgess, and Lt. Bello revisited the camp and found that the hunters were still using bait. This year's investigation resulted in the ticketing of five hunters, all for the violation of hunting deer with the aid of pre-established bait.

Trespasser With Too Many Tags - Putnam County

On Nov. 19, ECOs Craig Tompkins and Tony Drahms followed up on a trespassing complaint reported the day before in the town of Southeast. ECO Tompkins responded and confirmed that the land was legally posted, but also located a tree stand on the property. Returning to the location the following day, the ECOs observed a subject walking from the tree stand on the posted property. As it turned out, the man was tracking a deer he shot while trespassing. During the interview with the subject, ECOs determined the man was in possession of his brother's DMP tags and bow/muzzleloader tag as well as his own. The hunter was issued tickets for trespassing on posted property, illegal taking of protected wildlife (deer), and possessing the license of another person. A small buck and the brother's tags were seized as evidence and the tickets are returnable to the Southeast Town Court.

Trespassing to Hunt - Broome County

On Nov. 19, ECO Andy McCormick responded to a complaint in the town of Union regarding a group of hunters trespassing on private property. The complainant stated that he had confronted the men and the discussion nearly became violent. The group did not have permission to be on the property. Officer McCormick checked the area and attempted to locate the responsible parties, but found no signs of them. On Nov. 20, the complainant contacted ECO McCormick again, advising him that two of the hunters had returned to hunt the same property. Both ECOs McCormick and Anthony Rigoli responded, tracked the two on the property, and found them hunting again. Both subjects were ticketed for trespassing and were advised not to return.

Lots of Tags But Too Early to Shoot - Saratoga County

On the morning of Nov. 20 at 7 a.m., the opening weekend of the Southern Zone regular season for deer hunting, ECOs Rob Higgins and Steve Shaw responded to a call from a complainant who had witnessed a man shoot at a group of deer in the dark approximately 30 minutes before the start of legal hunting hours. The complainant confronted the hunter and his father about the legality and danger of the incident, but the two men scoffed at the subject. The ECOs found the deer that the hunter had shot - a nine-point buck field dressed at 210 pounds. The hunter and his father were interviewed and ECOs verified that the taking was illegal. The man who shot the deer was issued tickets for hunting deer during closed hours and killing a wild deer except as permitted by the Conservation Law. The deer was seized as evidence and donated to the Saratoga County Venison Donation Program. All charges are pending in the Town of Ballston Court.


If you witness an environmental crime or believe a violation of environmental law occurred please call the DEC Division of Law Enforcement hotline at 1-844-DEC-ECOS (1-844-332-3267).

Three Plead Guilty to Trafficking in More Than $740,000 Worth of Glass Eels

Three individuals pleaded guilty in federal district court in Charleston, South Carolina, to trafficking more than $740,000 worth of juvenile American eels aka “elvers” or “glass eels,” in violation of the Lacey Act.  Harry Wertan, Jr., Mark Weihe and Jay James each pleaded guilty to selling or transporting elvers in interstate commerce, which they had harvested illegally, or knew had been harvested illegally, in South Carolina.
 
The pleas were the result of “Operation Broken Glass,” a multi-jurisdiction U.S. Fish and Wildlife Service (USFWS) investigation into the illegal trafficking of American eels.  To date, the investigation has resulted in guilty pleas for ten individuals whose combined conduct resulted in the illegal trafficking of more than $2.6 million worth of elvers.

The guilty pleas were announced today by Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division, Acting U.S. Attorney Beth Drake for the District of South Carolina, and Director Dan Ashe of the USFWS.

“We will not allow the rivers of the United States to be the poaching grounds for international seafood markets,” said Assistant Attorney General Cruden. “The American eel is an important but limited natural and economic resource that must be protected.  Trafficking only undercuts the toil and honest efforts of those who obey the law.”

“This case underscores the role U.S. citizens often play in wildlife trafficking and demonstrates that this deadly trade does not solely impact large, charismatic mammals in distant countries,” said Director Dan Ashe for USFWS. “U.S. Fish and Wildlife Service law enforcement agents work tirelessly to save wildlife from the threat traffickers pose here at home, and together with the Department of Justice, bring these individuals to justice for their illegal activities.”

Eels are highly valued in east Asia for human consumption.  Historically, Japanese and European eels were harvested to meet this demand; however, overfishing has led to a decline in the population of these eels.  As a result, harvesters have turned to the American eel to fill the void resulting from the decreased number of Japanese and European eels.

American eels spawn in the Sargasso Sea, an area of the North Atlantic Ocean bounded on all sides by ocean currents.  They then travel as larvae from the Sargasso to the coastal waters of the eastern United States, where they enter a juvenile or elver stage, swim upriver and grow to adulthood in fresh water.  Elvers are exported for aquaculture in east Asia, where they are raised to adult size and sold for food.  Harvesters and exporters of American eels in the United States can sell elvers to east Asia for more than $2000 per pound.

Because of the threat of overfishing, elver harvesting is prohibited in the United States in all but three states: Maine, South Carolina and Florida.  Maine and South Carolina heavily regulate elver fisheries, requiring that individuals be licensed and report all quantities of harvested eels to state authorities.  Although Florida does not have specific elver-related regulations, the limited population of elvers in Florida waters makes commercial eel fishing impossible.

“This investigation is an outstanding example of the dedication and ingenuity shown by multiple agencies working together to expose and curtail the illegal trade of American eels,” said Special Agent-in-Charge Luis Santiago Southeast Region for USFWS. “Today’s pleas are a success in our collective efforts to conserve and protect an important American fishery.”
 
“Today’s pleas in the illegal trade of American Eels are a tremendous step in preserving this important fishery,” said Colonel Chisolm Frampton for the South Carolina Department of Natural Resources, Law Enforcement Division.  “A multitude of state and federal agencies did outstanding work to bring this case to successful conclusion.”

The offenses in the case are felonies under the Lacey Act, each carrying a maximum penalty of five years’ incarceration, a fine of up to $250,000 or up to twice the gross pecuniary gain or loss, or both.

Operation Broken Glass was conducted by the USFWS and the Justice Department’s Environmental Crimes Section in collaboration with the Maine Marine Patrol, South Carolina Department of Natural Resources Law Enforcement Division, New Jersey Division of Fish and Wildlife Bureau of Law Enforcement, Connecticut Department of Energy and Environmental Protection Conservation Police, Virginia Marine Resources Commission Police, USFWS Refuge Law Enforcement, National Oceanic and Atmospheric Administration Office of Law Enforcement, Massachusetts Environmental Police, Rhode Island Department of Environmental Management Division of Law Enforcement, New York State Environmental Conservation Police, New Hampshire Fish and Game Division of Law Enforcement, Maryland Natural Resources Police, North Carolina Wildlife Resource Commission Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission, Yarmouth, Massachusetts Division of Natural Resources, North Myrtle Beach, South Carolina Police Department and the Atlantic States Marine Fisheries Commission.

Delaware River Basin Commission Approves Drought Management Special Permit

Basin Placed in “Drought Watch” Stage Effective Immediately

The Delaware River Basin Commission (DRBC) at a special meeting today issued a special permit for coordinated operation of regional reservoirs, out-of-basin diversions, and Delaware River flow objectives in response to persistent dry conditions.

“The special permit unanimously approved today provides for enhanced coordination of operations of regional reservoirs, diversions, and flow objectives during the ongoing, extended period of below-normal precipitation,” said DRBC Executive Director Steve Tambini. “Today’s action also makes clear that the entire basin is currently deemed to be in a ‘drought watch’ stage.”

The DRBC’s primary drought management objective, which complements the basin states’ drought response efforts, is to provide for conservation of regional reservoir storage for purposes of water supply and flow augmentation in the Delaware River and salinity control in the Delaware River Estuary.

The special permit issued today under section 10.4 of the compact that created the DRBC in 1961 provides a single set of water resource management responses to address dry conditions both “basinwide” and in the “lower basin,” which is the portion of the basin downstream of Montague, N.J.

Under the special permit, the transition from one possible drought stage to another – from “watch” to “warning” to “drought” and back again to “normal” – will be based on the combined storage in three reservoirs located in the Catskill Mountains at the headwaters of the Delaware River in New York State. Releases from these New York City reservoirs provide about half of the city’s water supply and support a minimum flow target in the Delaware River at Montague established by the U.S. Supreme Court Decree of 1954.  Combined storage in the three reservoirs is now approximately 40% of capacity.   In accordance with the provisions of the compact, today’s resolution has also been unanimously approved by the parties to the decree, which include Delaware, New Jersey, Pennsylvania, New York State, and New York City.

Out-of-basin diversions to New York City and portions of New Jersey established by the 1954 decree will be reduced depending upon the drought stages defined by the special permit.  However, a reserve “bank” of water established by the decree parties over the course of the past year in anticipation of a dry period such as the current one will be available, allowing New Jersey to minimize the effects of possible diversion reductions.

The Delaware River flow objective at Montague and a second flow objective at Trenton, N.J. will also be reduced and will be dependent on the location of the “salt line” in the Delaware River Estuary if the basin enters into the most serious “drought” stage of operations.

The purpose of the Trenton flow objective is to control the movement of the “salt line” or “salt front” in the tidal Delaware River.  Adequate freshwater flowing downstream is needed to repel the upstream advancement of “salty” or “brackish” water from Delaware Bay to keep it away from drinking water intakes serving residents in Philadelphia and New Jersey and industrial intakes along the river.

“As of Nov. 20, the salt front is 19 river miles upstream from its normal location for the month despite significant freshwater reservoir releases,” said Tambini. “The current salt front location is still 21 miles downstream of water supply intakes in Pennsylvania and New Jersey.”

Under the “drought watch” stage operations initiated today, several hydroelectric, recreation, and federal reservoirs may be requested to either store or release water.  In addition, releases may be required from Merrill Creek Reservoir, a facility in Warren County, N.J. constructed by a consortium of electric utilities, to replace evaporative losses caused by power generation.

The DRBC held a public hearing on Nov. 9 to solicit public input on the persistent dry conditions throughout the basin and how to address them, as required by the compact before being able to take today’s action.

The below-normal precipitation totals throughout most of the Delaware River Basin, with the resulting effects on streamflows, groundwater levels, reservoir storage, and soil moisture, have prompted New Jersey, Pennsylvania, and New York to declare drought watches or warnings under their respective drought operating plans in 36 of the 42 counties that lie entirely or partially in the basin.

The DRBC is urging all water users to fully cooperate with requests by the basin states to curb water use where drought watches and warnings have been issued and is encouraging all basin water users to maximize water efficiency wherever possible. “Over 15 million people rely on waters of the Delaware River Basin,” said Tambini. “During times of shortage, they also rely upon coordinated action by the basin states, decree parties, and federal government jointly through the DRBC to meet the basin’s drought management objectives.”

The DRBC is a federal/interstate government agency responsible for managing the water resources within the 13,539 square-mile Delaware River Basin without regard to political boundaries. The five commission members are the governors of the basin states (Delaware, New Jersey, New York, and Pennsylvania) and the commander of the U.S. Army Corps of Engineers' North Atlantic Division, who represents the federal government.

More information, including links to basin state drought pages, updates about water resource conditions, and water savings tips, can be found at www.drbc.net.

Delaware River Basin Commission Is Holding A Special Drought Meeting

Meeting to be Held November 23, 2016 at 11 AM in DRBC's Goddard Room

 

The DRBC will hold a special meeting for the purpose of considering a resolution pursuant to section 10.4 of the Delaware River Basin Compact to preserve and protect water supplies during the present dry conditions by means of coordinated actions to manage out-of-basin diversions, regional reservoir releases, and Delaware River flow objectives. The Commissioners will have the option of attending this meeting via teleconference.

DATE: The special meeting will take place on Wednesday, November 23, 2016 at 11:00 a.m. and is expected to last for less than one hour.

LOCATION: The meeting is open to the public and will take place in the Goddard Room of the Commission’s office building at 25 State Police Drive in West Trenton, New Jersey. Directions can be found at http://www.nj.gov/drbc/contact/directions/. Please note that web-based map applications do not provide reliable directions to DRBC’s office building.

SUPPLEMENTARY INFORMATION: The Commission will consider action pursuant to section 10.4 of the Delaware River Basin Compact, which would enable it to implement a coordinated response to dry conditions throughout the basin. In particular, the resolution would empower the Commission to provide for the conservation of regional reservoir storage through phased reductions in diversions, reservoir releases, and flow objectives for purposes of water supply and flow augmentation in the Delaware River and salinity control in the Delaware River Estuary.

In anticipation of the need to consider action under section 10.4, the Commission on November 9, 2016 conducted a public hearing on the persistent dry conditions throughout the basin and how to address them. There will be no opportunity for public comment at the special meeting on November 23.

The proposed resolution will be posted as soon as it becomes available. Reservoir storage and relevant drought related information is available via http://www.nj.gov/drbc/hydrological/drought/index.html

FOR FURTHER INFORMATION CONTACT: Pamela Bush, Commission Secretary and Assistant General Counsel, DRBC, at pamela.bush@drbc.nj.gov.

The Cold Facts on the ‘120-Degree Rule’

You may have put your boat away for the season, but the occasional warm fall day still brings plenty of paddlers out on the water. Knowing when to wear the thermal protection offered by a dry- or wetsuit is key. However, a long-assumed guideline meant to help paddlers make the right decision, sometimes known as the “120-degree rule,” may instead put paddlers in danger.

The 120-degree rule adds the air and water temperatures to determine when thermal protection is required. It assumes that if the total is above 120 F, that no dry- or wet-suit is needed.

“Using this simple formula,” says BoatUS Foundation Assistant Director of Boating Safety Ted Sensenbrenner, “a paddler could mistakenly believe that if air temperature is the low 70s and water temperature is hovering around the low 50s, that thermal protection is not necessary. That could not be farther from the truth.”

Sensenbrenner says that warm fall or spring days give paddlers a false sense of security. “Water temperatures have plunged, but the warm sun on your face hides the reality that accidentally going overboard at this time of year could quickly lead to trouble.”

According to research, sudden cold-water immersion can kill in several ways: involuntary gasp reflex and hyperventilation, cold incapacitation, and immersion hypothermia. Not wearing a life jacket compounds the drowning risk.

A word to the wise? “Always wear a life jacket when in an open boat or on deck, and consider the water temperature when dressing for your next boating adventure,” says Sensenbrenner. For more on cold-water boating including what to wear, go to BoatUS.org/cold-water-boating.

New York DEC Emergency Regulation Prohibits Fishing for All Species in Sections of the Esopus Creek & Ashokan Reservoir:

Emergency Regulations Prohibit Fishing from 11/4/16 until 1/31/17

Effective 11/2/16, a new DEC Emergency Regulation prohibits fishing for all species in the following sections of the upper Esopus creek and Ashokan reservoir:

- from the Shandaken Tunnel outlet in Allaben, to a downstream boundary in the Ashokan Reservoir from the mouth of Traver Hollow stream due east to the old railroad causeway (see attached PDF for map of area affected by the regulation).

This Emergency Regulation is in effect until January 31, 2107.

Due to prolonged dry conditions, the Esopus Creek and its tributary streams are experiencing very low water flow, creating a stressful environment for trout. Additional stress on these fish from angling may impact their ability to spawn and produce the next generation of trout.

• Esopus emergency closure map_2016.updated.pdf

Three Salmon Poachers Arrested After Early-Morning Chase

Three men suspected of poaching during the annual salmon run were arrested the morning of November 2, after leading police on a wild chase in the woods in Niagara County.

The incident occurred just after 2 a.m. when DEC Environmental Conservation Officers (ECOs) were conducting a night patrol along the Lake Ontario shoreline and its tributaries.

ECOs Roger Ward and Nathan Ver Hague were checking the Burt Dam area of 18-mile Creek in Newfane when they noticed several large garbage bags piled on a pathway. The officers inspected the bags and found them loaded with freshly caught salmon.

At the same time, a pickup truck slowly drove by the area. Two men approached on foot and ECO Ward revealed himself and ordered the men to stop. The men took off running through the woods. ECO Ward apprehended one suspect hiding in the brush, but as ECO Ver Hague chased the other down to the creek, the man dove in and swam off. The Niagara County Sheriff's Department was called for assistance.

Deputy Matt Grainge responded and located a pickup truck a short distance away matching the description given by the ECOs. The driver was sitting inside awaiting a call from the other two men.

Deputies Keith Hetrick, John Vosberg and a K-9 officer tracked the suspect who swam across the creek and eventually located him attempting to climb up a gorge. He was taken into custody.

A total of 69 salmon ranging in size from 5 to 35 pounds had been poached from the creek, the subjects using a weighted treble hook and net to snag the fish.

The three men - Sergey Yatchuk, 41, of 55 Applewood Ln., Getzville, Petro Parfenyk, 29, of 2204 Prospect Ave., Erie, Penn., and Mikhail F. Sakalosh, 39, of 8322 Taylor Colquitt Rd., Spartanburg, S.C. - were charged with 32 violations, including fishing without a license, possessing foul-hooked fish, taking fish by snatching, taking fish in excess of daily limit, and illegal fishing at night.

The three suspects were remanded to the county jail in lieu of bail, $1,100 for Parfenyk and Sakalosh and $1,000 for Yatchuk.

Seven Men Plead Guilty for Illegally Harvesting and Selling American Eels

Between the dates of October 4 and October 6, seven individuals pleaded guilty in Federal District Court in Portland, Maine, to trafficking more than $1.9 million worth of juvenile American eels, also known as “elvers,” in violation of the Lacey Act.

Yarann Im, Mark Green, John Pinkham, Thomas Reno, Michael Bryant and George Anestis each pleaded guilty to selling or transporting elvers in interstate commerce, that they had harvested illegally, or knew had been harvested illegally, in various East Coast states, including Virginia, New Jersey, Massachusetts, and Rhode Island, among others.  Thomas Choi pleaded guilty to exporting elvers that he knew had been harvested illegally in New Jersey, Massachusetts, and elsewhere.

The guilty pleas were announced today by Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division and Director Dan Ashe of the United States Fish and Wildlife Service (USFWS).  The pleas were the result of “Operation Broken Glass,” a multi-jurisdiction USFWS investigation into the illegal trafficking of American eels.

“Without the robust enforcement of our nation’s wildlife laws, trafficking in species like the protected American eel will undermine vital marine resources to the point of no return,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “The American eel is a unique and economically important species in river systems along the U.S. east coast.  These convictions should send a strong message that we will investigate and prosecute poaching as a serious crime, standing side by side with our state law enforcement partners.”

“Skyrocketing prices for juvenile American eels in Asia have led to a surge in poaching and trafficking in this unique species, threatening to wipe it out in the rivers of the Northeast,” said Director Ashe.  “The prosecution of these poachers demonstrates our resolve to work with our state and federal law enforcement partners to halt illegal trade in American eels and sustain the species for future generations.  The success and scope of Operation Broken Glass would not have been possible without this unparalleled collaboration, which will serve as a model for future investigations.”

“Elver landings are one of Maine’s largest revenue producing marine resources,” said Maine Marine Patrol Colonel Jon Cornish.  “Strong enforcement of both state and federal statutes are a key to the success of this fishery.  Maine Marine Patrol is proud to have been a participant within Operation Broken Glass.  These cases represent the results of what can be accomplished when agencies partner effectively.”

“This investigation is an example of excellent collaboration between wildlife law enforcement agencies at the federal, state, and local level,” said Assistant Administrator Eileen Sobeck of NOAA Fisheries.  “NOAA’s Office of Law Enforcement will continue to support investigations to ensure that those fishermen who obey the rules reap the benefits of fair competition and those who do not are caught and justice served.”

“The waters of New Jersey provide ideal conditions for migrating juvenile American eels,” said Director Dave Chanda of the New Jersey Department of Environmental Protection’s Division of Fish &Wildlife.  “Despite laws banning American eel harvest, New Jersey continues to experience pressure from those looking to illegally target this highly desired resource to meet overseas demand.  In their pursuit of financial gain, these individuals demonstrated deliberate indifference to the health and viability of our state's natural resource.”

Eels are highly valued in east Asia for human consumption.  Historically, Japanese and European eels were harvested to meet this demand; however, overfishing has led to a decline in the population of these eels.  As a result, harvesters have turned to the American eel to fill the resulting void.

American eels spawn in the Sargasso Sea, an area of the North Atlantic Ocean bounded on all sides by ocean currents.  They then travel as larvae from the Sea to the coastal waters of the eastern United States, where they enter a juvenile or elver stage, swim upriver and grow to adulthood in fresh water.  Elvers are exported for aquaculture in east Asia, where they are raised to adult size and sold for food.  Harvesters and exporters of American eels in the United States can sell elvers to east Asian buyers for more than $2000 per pound.

Because of the threat of overfishing, elver harvesting is prohibited in the United States in all but three states: Maine, South Carolina and Florida.  Maine and South Carolina heavily regulate elver fisheries, requiring that individuals be licensed and report all quantities of harvested eels to state authorities.

Although Florida does not have specific elver-related regulations, the limited population of elvers in Florida waters makes commercial elver fishing impossible.

The seven defendants all illegally harvested, sold, transported, or exported elvers, knowing they had been harvested in violation of state law.  Further, as a means of concealing the illegal sale and export of elvers, the defendants used Maine or Florida eel harvest licenses, whether theirs or someone else’s, to claim in required paperwork that the elvers were obtained legally from Maine or Florida waters.

Elver export declaration packages submitted to the USFWS included this false documentation in order to disguise the illegal origins of the elvers and to facilitate their export from the United States to buyers in east Asia.

The offenses in the case are felonies under the Lacey Act, each carrying a maximum penalty of five years’ incarceration, a fine of up to $250,000 or up to twice the gross pecuniary gain or loss, or both.
Operation Broken Glass was conducted by the USFWS and the Justice Department’s Environmental Crimes Section in collaboration with the Maine Marine Patrol, South Carolina Department of Natural Resources Law Enforcement Division, New Jersey Division of Fish and Wildlife Bureau of Law Enforcement, Connecticut Department of Energy and Environmental Protection Conservation Police, Virginia Marine Resources Commission Police, USFWS Refuge Law Enforcement, National Oceanic and Atmospheric Administration Office of Law Enforcement, Massachusetts Environmental Police, Rhode Island Department of Environmental Management Division of Law Enforcement, New York State Environmental Conservation Police, New Hampshire Fish and Game Division of Law Enforcement, Maryland Natural Resources Police, North Carolina Wildlife Resource Commission Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission, Yarmouth, MA Division of Natural Resources, North Myrtle Beach, SC Police Department and the Atlantic States Marine Fisheries Commission.

The government is represented by Environmental Crimes Section Trial Attorneys Cassandra Barnum and Shane Waller.

2016 Expansion of Hunting and Fishing Opportunities on National Wildlife Refuges

U.S. Fish and Wildlife Service announced the agency will expand fishing and hunting opportunities on 13 refuges throughout the Service’s National Wildlife Refuge System. The final rule also modifies existing refuge-specific regulations on more than 70 other refuges and wetland management districts. This includes migratory bird, upland game and big game hunting, and sport fishing
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In Colorado, hunting for elk will occur for the first time in designated areas of Baca National Wildlife Refuge, as well as in expanded areas of Alamosa National Wildlife Refuge and Monte Vista National Wildlife Refuge.

“Sportsmen and sportswomen were among the first to champion wildlife protection. Their efforts are the backbone of the North American Wildlife Conservation Model — fish and wildlife belong to all Americans, and they need to be managed in a way that will sustain their populations forever,” said Director Dan Ashe. “We are pleased to offer new opportunities for the continuance of a hunting and fishing tradition that is in accordance with sustainable recreational use in the National Wildlife Refuge System.”

The final rule also includes opening sport fishing of state-regulated species for the first time at Lake Andes National Wildlife Refuge in South Dakota, and expanding areas available for sport fishing at Patoka River National Wildlife Refuge in Indiana.

The Service is responsible for managing more than 850 million acres in the Refuge System, including five marine national monuments, 565 national wildlife refuges and 38 wetland management districts. The agency manages hunting and fishing programs to ensure sustainable wildlife populations, and other forms of wildlife-dependent recreation on refuges, such as wildlife watching and photography.

In addition, the Service’s Urban Wildlife Conservation Program, launched in 2013, offers opportunities for residents of America’s cities to learn about and take part in wildlife conservation.

There is a national wildlife refuge within an hour’s drive from most major metropolitan areas.

Hunting, fishing and other outdoor activities contributed more than $144.7 billion in economic activity across the United States according to the Service’s National Survey of Fishing, Hunting and Wildlife-Associated Recreation, published every five years. More than 90 million Americans, or 41 percent of the United States’ population age 16 and older, pursue wildlife-related recreation. The Service’s report Banking on Nature shows that refuges pump $2.4 billion into the economy and support more than 35,000 jobs. More than 48 million visits are made to refuges every year.

“Hunting and fishing give families a chance to carry on traditions that they have celebrated for generations,” Ashe added. “These types of recreation also benefit local economies and generate much needed additional funding for wildlife conservation by bringing people into national wildlife refuges, as well as provide an important connection between people and the outdoors.”

The Service’s final rule opens the following refuge to hunting for the first time:
Colorado

• Baca National Wildlife Refuge: Open migratory game bird hunting, upland game hunting and big game hunting. The refuge is currently closed to other public use activities.

The Service’s final rule opens the following refuge to sport fishing for the first time:
South Dakota

• Lake Andes National Wildlife Refuge: Open sport fishing. The refuge is already open to migratory game bird hunting, upland game hunting and big game hunting.

In addition, the Service expands hunting and sport fishing on the following refuges:
Colorado

• Alamosa National Wildlife Refuge: Expand migratory game bird hunting and open big game hunting. The refuge is already open to migratory game bird hunting and upland game hunting.
• Monte Vista National Wildlife Refuge: Expand migratory game bird hunting and open big game hunting. The refuge is already open to migratory game bird hunting and upland game hunting.

Indiana

• Patoka River National Wildlife Refuge and Management Area: Expand migratory game bird hunting, upland game hunting, big game hunting and sport fishing. The refuge is already open to migratory game bird hunting, upland game hunting, big game hunting and sport fishing.

Louisiana

• Atchafalaya National Wildlife Refuge: Expand big game hunting. The refuge is already open to migratory game bird hunting, upland game hunting, big game hunting and sport fishing.
• Black Bayou Lake National Wildlife Refuge: Expand migratory game bird hunting, upland game hunting and big game hunting. The refuge is already open to migratory game bird hunting, upland game hunting, big game hunting and sport fishing.

Michigan

• Detroit River International Wildlife Refuge: Expand migratory game bird hunting, upland game hunting and big game hunting. The refuge is already open to migratory game bird hunting, upland game hunting and big game hunting.

New York

• Montezuma National Wildlife Refuge: Expand migratory game bird hunting and big game hunting. The refuge is already open to migratory game bird hunting, big game hunting and sport fishing.

Oklahoma

• Washita National Wildlife Refuge: Expand big game hunting. The refuge is already open to migratory game bird hunting, upland game hunting, big game hunting and sport fishing.

South Carolina

• Waccamaw National Wildlife Refuge: Expand migratory game bird hunting, upland game hunting and big game hunting. The refuge is already open to migratory game bird hunting, upland game hunting, big game hunting and sport fishing.

Texas

• Anahuac National Wildlife Refuge: Expand migratory game bird hunting. The refuge is already open to migratory game bird hunting and sport fishing.
• Buffalo Lake National Wildlife Refuge: Open big game hunting. The refuge is already open to upland game hunting.

To view a complete list of all hunting and sport fishing opportunities on refuges, click here. The final rule will become effective upon publication in the Federal Register on October 4, 2016.

Under the National Wildlife Refuge System Improvement Act of 1997, the Service permits hunting and fishing along with four other types of wildlife-dependent recreation, including wildlife photography, environmental education, wildlife observation and interpretation, when they are compatible with an individual refuge’s purpose and mission. Hunting, within specified limits, is now permitted on 337 wildlife refuges. Fishing is now permitted on 276 wildlife refuges.

Anglers asked not to fish Esopus between Shandaken Portal and the Ashokan Reservoir

 Low, turbid water poses a risk to spawning trout

Anglers: please don't fish the Esopus Creek from the Shandaken Portal to the Ashokan Reservoir. (see attached map for area in question).

If you live near, or fish this section of the Esopus, you have no doubt noticed how low the water level is and how brown and silt-laden the water is.



Water from the Schoharie Reservoir feeds into the Esopus via the Shandaken Portal. Drought has drastically reduced water levels in the Schoharie Reservoir and last Friday, DEC decided to cut back on the water entering the Esopus through the portal.

DEC Fisheries staff are concerned that the muddy flow from the Portal would hurt the stream ecosystem and threaten trout spawning which will soon be underway.

As a result, water levels in the Esopus, which were already low, will drop further. Fish in the Creek could be very vulnerable to anglers and natural predators. Nonetheless, DEC staff believe that the trout will be better off than if they try to spawn in mud-laden water.

DEC will continue to monitor conditions in the creek. We anticipate that Emergency Regulations will be issued soon that will temporarily prohibit fishing in the Esopus downstream of the portal to the Ashokan Reservoir. We'll let you know when this happens.

• Esopus_Creek Affected by Shandaken Tunnel3.pdf

NY DEC Announces Proposed Changes to Freshwater Sportfishing Regulations

Public Comments Accepted Through October 7, 2016

Regulations to be Effective April 2017

The New York State Department of Environmental Conservation (DEC) is accepting comments on proposed changes to freshwater fishing regulations through October 7, 2016, Commissioner Basil Seggos announced today.

DEC modifies freshwater sportfishing regulations approximately every two years as part of DEC's commitment to enhance fishing opportunities and protect the State's freshwater resources.

"New York provides some of the best fishing in the nation, and the continuous assessment and modification of sportfishing regulations ensure that this remains the case for generations to come," said Commissioner Seggos. "I encourage anglers to review what is being proposed and provide input during the public comment period."

DEC assessed the status of existing freshwater sportfish populations and the desires of anglers in developing these proposed regulations. Many of the proposed changes are the result of an effort to consolidate regulations and eliminate special regulations that are no longer warranted or have become outdated. The new freshwater sportfishing regulations are scheduled to take effect on April 1, 2017. Once enacted, the new regulations will be included in the 2017-18 Freshwater Fishing Regulations Guide.

The proposed regulations were first provided for informal public review on the DEC website in February 2016. The early feedback helped DEC determine which regulation changes to advance or eliminate.

Comments on the proposed regulations should be sent by email to regulations.fish@dec.ny.gov or mailed to Gregory Kozlowski, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233-4753.

The full text of the proposed regulations are also available on DEC's website. The proposed changes include:

Great Lakes Proposals:

• Clarify that St. Lawrence River tributaries in Franklin and Clinton counties are exempt from Great Lakes regulations.
• Define the portion of Cattaraugus Creek subject to Lake Erie and tributary fishing regulations from Lake Erie upstream to the Springville Dam.
• Expand the Lake Erie and tributaries 20-inch minimum size limit one fish daily limit black bass regulation to December 1 through the Friday before the third Saturday in June.
• Improved language for interpreting combined trout and salmon creel limit in Lake Ontario.
• Reduce the daily limit from five to three northern pike for St. Lawrence River and define boundary between Lake Ontario and the St. Lawrence River.
• Clarification of boundary between Lake Ontario and the Salmon River.
• Provide an exception allowing access for fishing to the closed section of the Salmon River on Salmon River Hatchery property by permit.

Walleye, black bass and northern pike proposals:

• Establish an 18-inch minimum size limit and daily creel limit of three walleye for Titicus Reservoir (Westchester County); Sacandaga Lake and tributaries and outlet and Lake Pleasant and tributaries (Hamilton County); Kiwassa Lake, St. Regis Falls Impoundment, and Little Wolf Pond (Franklin County); Putnam Pond (Essex County); Cazenovia and DeRuyter lakes (Madison County); Waterport Reservoir (Orleans County); Rio Reservoir (Orange and Sullivan counties); East Sidney Reservoir (Delaware County); Taghkanic Lake (Columbia County); Canadarago Lake (Otsego County); and additional portions of the Seneca River (Cayuga, Onondaga, Seneca and Wayne counties).
• Eliminate 18-inch minimum size limit and daily creel limit of three walleye in Chautauqua Lake (Chautauqua County) and Franklin Falls Flow (Essex County).
• Clarify that the 22-inch minimum size five fish daily limit for northern pike regulation applies to the Wayne County portion of the Seneca River.
• Clarify that statewide black bass regulations apply to the Hamilton County portion of Fourth Lake.
• Eliminate the special regulation for black bass in the Hamilton County portion of the Hudson River.

Trout and salmon proposals:

• Decrease the minimum size limit for trout at Colgate Lake (Greene County) from 12 to 9 inches.
• Eliminate special trout regulation on Whey Pond (Franklin County).
• Eliminate the special regulation for landlocked salmon for Piseco Lake (Hamilton County).
• Decrease the minimum size length for lake trout in Woodhull Lake (Herkimer County) from 21 to 18 inches.
• Change the end time anglers are allowed to fish Spring Creek on the Caledonia State Fish Hatchery property from 4:00 PM to 3:30 PM.
• Eliminate the 9-inch minimum size limit for trout in the Carmans River (Suffolk County) in Southaven County Park as well as the catch and release section of the Carmans River for brown and rainbow trout.
• Reduce the number of brown trout and rainbow trout that can be kept as part of a five fish daily limit in Skaneateles Lake to no more than three of either species.
• Reduce the allowable daily harvest of brown trout and rainbow trout from five of each to three of each and increase the allowable daily harvest of lake trout from three to five as part of the five in any combination daily limit regulation for trout, lake trout, and landlocked salmon at Cayuga and Owasco lakes.
• Increase the minimum size limit for rainbow trout from 9 to 15 inches at Owasco, Skaneateles and Otisco Lake tributaries.

Gear and use of gear proposals:

• Eliminate the allowance for spearing bullheads and suckers in all Cayuga, Oswego and Wayne county tributaries to Lake Ontario.
• Allow for the taking of suckers by snatching (but not blind snatching) from January 1 through March 15 in specific portions of the Otselic and Tioughnioga rivers in Cortland County.
• Eliminate the allowance for lake whitefish snatching and blind snatching at Piseco Lake in Hamilton County.
• Continue to restrict the number of devices allowed for ice fishing on Bigsby and Copperas ponds (Essex County), Upper Saranac Lake (Franklin County), and Fawn Lake (Hamilton County).
• Allow for ice fishing in Rushford Lake in Allegany County.
• Re-open Crane Pond (Essex County) to ice fishing.

Baitfish and non-game fish proposals:

• Remove the prohibition on the use or possession of smelt in Lake George and allow for harvest of smelt by angling.
• Clarify that taking and possessing sauger and mooneye is prohibited in Lake Champlain.

Fishing prohibited proposals:

• Prohibit fishing at any time on Buttermilk Creek from mouth to Fox Valley Road Bridge.
• Close two short sections of Fish Creek and Indian River in St. Lawrence County to fishing from March 16 until the opening of walleye season.
• Close a section of the Grasse River in St. Lawrence County to all fishing from March 16 until the opening of walleye season.
• Clarify the portion of the Bouquet River that is closed to fishing at any time.
• Eliminate the angling and dipnetting prohibited regulation on Dutch Hollow Brook in Cayuga County.

Several non-substantive regulation modifications are also proposed to remove duplicate regulations and to make structural changes designed to allow for easier modification of regulations in the future.