Southold judge finds Connecticut man guilty of illegal possession of black sea bass, as Suffolk DA steps up enforcement

A Connecticut recreational fishing boat captain accused of fishing illegally in New York waters was found guilty at trial Wednesday, in a case Suffolk prosecutors said marks stepped-up enforcement actions on the county's expansive waterways. 

Michael Tenedine, 58, of East Haven, Connecticut, was found guilty at a bench trial in Southold of illegal possession of black sea bass and of operating a charter vessel without a New York permit, both violations of state conservation law, Suffolk District Attorney Ray Tierney's office said. He was sentenced to more than $3,250 in fines and surcharges.

Messages left for Tenedine weren't returned, and a person answering the phone at his charterboat business, the Lucky Hook in Clinton, Connecticut, said, "I have nothing to say about it." The district attorney’s office said Tenedine represented himself at trial.

Tenedine in June was spotted at the helm of the Connecticut-based Lucky Hook, in New York waters near Mattituck, when state Department of Environmental Conservation officers boarded the boat and found 30 black sea bass during a closed season. Boat captains licensed in Connecticut must still possess a New York permit to fish waters within three miles of the New York coast, and must abide by New York limits. 

Jed Painter, general counsel at the district attorney's office, said the conviction comes as Tierney launches an enforcement initiative called Everblue, working with local and state agencies, including the DEC. The district attorney's office has four people assigned to the cases, with two more on the way, he said, and is coordinating with local, state and county enforcement, including the Suffolk sheriff's office.

"We are watching and we will enforce DEC rules," Tierney said in an interview. Enforcement of Suffolk’s expansive shoreline isn’t easy with around a thousand miles of it in the county, but he said the office takes the job seriously.

Painter said the prospect of criminally charging suspects in high-dollar fishing cases was possible in the Everblue Initiative. "We have the ability to take these [cases] to the felony level," he said, depending on the quantities and dollar amount of the fish. "Once we pass the dollar threshold we will charge as a felony. We can and we will." He added, "Wherever I can indict a case, I will indict a case."

Pat Augustine, a longtime interstate fisheries management commissioner, said he believes Tierney's initiative will be "very effective."

"I think it’s important because local judges have been too lenient" in sentencing fishing-related cases, Augustine said. 

The district attorney's office's stepped-up focus comes as the federal government continues to pursue criminal cases to charge primarily commercial fishermen for what had long been considered civil crimes. Department of Justice cases over more than 10 years have focused primarily on commercial fishermen and dealers in New York, where the fishing quota is among the lowest of East Coast states. Indictments have resulted in more than a dozen convictions and prison time for at least three Long Island commercial fishermen.

Just this week, Montauk commercial fishing boat captain Christopher Winker began serving a 30-month prison sentence after being convicted on five federal counts last year for illegally landing more than 200,000 pounds of black sea bass and fluke, valued at over $750,000.

Winkler also faces more than $1 million in combined forfeiture and restitution, while his onetime co-defendants, Asa and Bryan Gosman, managers of the Gosman’s Dock wholesale business, pleaded guilty to a single conspiracy count each. They cooperated with prosecutors, and received sentences of 2 years probation and restitution of $247,000 each, Newsday reported this week. They are expected to file paperwork objecting to the restitution sentence by Dec. 4. 

Painter said law enforcement officers understand the difficulty of policing Suffolk’s waterways and shorelines. He said he hopes that getting the word out about cases such as Tenedine’s will help in deterring future offenses.

"There's plenty of work to be done," Painter said. "When we do land a punch we have to shout about landing that punch" to warn potential future violators.

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.