http://www.app.com/article/20120305/NJNEWS/303050037/DEP-seizes-black-sea-bass-caught-out-legal-season?odyssey=tab|topnews|text|Frontpage
As it has since 1976, the party boat Jamaica left the dock at Bogan’s Basin in Brielle late on Feb. 17 carrying passengers out to sea for an overnight fishing trip. But this time, there were more than just fishermen on board.
Working off a tip, undercover conservation officers from the state Department of Environmental Protection’s Division of Fish and Wildlife mingled with the anglers during the 19-hour trip. By the end, the fishermen came away with more than the 2,400 pounds of fish they caught.
The law enforcement officers — two undercover and seven uniformed officers waiting on the dock — issued at least 53 summonses to 38 people for possession of black sea bass out of season. The haul: A total of 819 black sea bass.
The conservation officers confiscated the total catch and sold it at market value, said Larry Hajna, a spokesman for the DEP. The department does not discuss details of tips, he said.
Jamaica’s captain, Howard Bogan, is under investigation along with the vessel, Hajna said.
Bogan on Friday said he did not target sea bass that day, told his passengers as he always does that it was illegal to catch them, and he is not responsible for enforcing state fishing laws, if a fisherman keeps a fish illegally.
Advertised as a cod, pollock and hake run, the trip cost each fisherman $160. But the people cited are expected to pay a premium. Those issued summonses for illegal possession can face fines of up to $30 a fish.
Four people drew additional charges that included wanton waste of fish and interference — violations that can bring $100 fines each — and failure to comply with the direction of the officers, which can result in a fine of $300 to $3,000.
One of the fishermen, James F. Matthews, 37, of Somerset, was in possession of 108 black sea bass, acccording to court records, a number that surprised Bogan. It was unclear if others caught some of those fish. There was no phone listing for Matthews.
Kenneth J. Delucia, 37, of Sayreville, was charged with wanton waste of 120 marine fish, according to the summons. No details were available. He also could not be reached.
The first court appearances for Matthews, Delucia and some of the others accused are scheduled for March 13 in Manasquan Municipal Court, where Brielle cases are heard. Those caught with a few fish only have to pay fines and do not have to appear.
The incident touches on both a sensitive topic in the fishing industry and a family steeped in the lore and history of fishing at the Jersey Shore.
The season for black sea bass has been cut back in recent years, drawing fierce complaints from the fishing community.
At it has for five generations, the extended Bogan family is widely known on the New Jersey coast. The name has appeared frequently in the Asbury Park Press for decades. They say they have operated the largest fleet of deep-sea fishing boats for the recreational industry in New Jersey for the past 75 years.
John J. Bogan Sr. moved a small fishing operation he owned in Jersey City to the Brielle area by 1932. The family garnered attention in September 1934 when a fire destroyed the luxury cruise ship, the SS Morro Castle, off the coast of Monmouth County, claiming 137 lives. The Bogans pulled survivors out of the water.
The Bogans now run a large fleet of party boats, the River Belle and River Queen paddlewheel boats that ply the Manasquan River, a bait-and-tackle shop and other businesses associated with the fishing trade.
Howard, 52, is the great grandson of John Sr.
Billed as New Jersey’s largest and fastest party fishing boat, his boat the Jamaica is advertised at 125 feet in length. It boasts 3,270 horsepower produced by four V-12 turbo-charged Deutz diesel engines and features a below-deck bunkroom for overnight trips. The Jamaica claims six world records for cod, pollock and sea bass, according to a website for the boat.
Black sea bass are in the middle of a battle that pits fishermen against the government and conservationists.
Based on controversial stock assessment studies of the black sea bass, the government shut down the then-year-round fishing season for the species in October 2009. It reopened in May 2010, but the season was heavily curtailed.
In 2010, it ran from May 21 to Sept. 22. In 2011, it ran from May 28 to Sept. 11.
The season in 2012 has since lengthened a bit, running from May 28 to Sept. 11 and then from Nov. 1 to Dec. 31.
The number of fish allowed in the possession of a fisherman in season has remained constant at 25.
The scaling back of the black sea bass season hit the party boat end of the fishing industry hard. The fish has served as a crucial link between seasons.
“They’re driving us out of business,” said George Bachert, captain of the party boat Angler out of Atlantic Highlands, referring to cutbacks in general and the limitation on black sea bass in particular. “The government pulls their numbers (of fishing populations) out of the air.”
Bachert, 68, of Toms River, declined to discuss the allegations against the fishermen on the Jamaica.
He said he stays away from areas where there are restricted fish because the urge to please customers is a powerful one.
“When you need fish and you know they are there and you know you can satisfy a lot of people, it’s tough,” Bachert said.
Black sea bass are not catch-and-release fish.
They have a swim bladder that enables them to maintain their buoyancy in deep water. When the fish are reeled up from the depths, their swim bladder expands and explodes, releasing gasses into the body cavity. The fish then can no longer return to the bottom, which makes releasing under-sized fish nearly impossible. Instead of swimming, the fish float on the surface and die.
The Pew Environment Group, a leading conservation organization that has pressed for limits to the black sea bass season, declined to comment about the Feb. 17-18 incident, but issued a general statement.
“Taking more fish than is legally allowed, whether under-sized or fish that are out of season, not only hurts those who play by the rules, but endangers the health of the population as a whole,” the statement read. “Much effort went into rebuilding the black sea bass population, and today it is considered at a healthy population size. However, for fishermen to continue to be able to see the benefits of a rebuilt population, it is important that fishing stay within the limits, or we risk jeopardizing that success.”
Bogan — unassuming, amiable and business-like — spoke freely of the trip.
He traveled to wrecks that night, one 65 miles out at sea, expecting to find pollock and cod, he said.
“I did not go out targeting black sea bass,” he said. “In fact the wrecks I went to — we’ve never caught sea bass on in the month of February. Maybe a few fish, but nothing like that day.”
When fishermen started hitting black sea bass, he started to leave several times, but remained because customers began hooking pollock, he said.
He acknowledge that he did see fishermen keeping black see bass, but said, “I didn’t think it was that many. And I’m not getting paid by the state of New Jersey to take fish out of people’s buckets.”
He said no customers called to complain after drawing summonses. They were made aware of the law, both before the trip and through warnings posted inside the boat, he said.
Like other fishermen, he complains about the shortened season, saying the black sea bass have not been this abundant in the 30 years that he has been captain of the Jamaica.
“What they’re doing to us right now with sea bass is like putting a 20-mph speed limit on the Garden State Parkway,” Bogan said.
The big winner on the Jamaica Feb. 18 was the state of New Jersey.
The DEP did not say how much money the fish brought. But fish sellers say black sea bass fetch about $4.50 to $5.50 a pound wholesale from local fishermen in season.
That would have netted the state upwards of $13,200. The fines could bring the state at least another $24,570, bringing the total haul for the DEP to $37,700 for a 19-hour fishing trip.
