Montauk fisherman Christopher Winkler gets 30 months in prison in scheme to illegally harvest fish

A Montauk commercial fisherman convicted in October of a multiyear scheme to illegally harvest nearly $900,000 worth of fluke and black sea bass was sentenced in federal court Thursday to 30 months in prison.

Federal District Court Judge Joan Azrack, in sentencing fisherman Christopher Winkler, 65, to 2½ years in federal prison and 2 years of supervised release, said she considered the five counts of conspiracy, mail fraud and obstruction “serious” crimes and that Winkler was motivated by “greed.” Prosecutors charged he illegally harvested more than 220,000 pounds of fish between 2014 and 2017. 

Acknowledging that fishing rules are “hotly debated,” Azrack told Winkler that disagreeing with the regulations “does not give you permission to break the law.”

Azrack imposed no fine but said she would consider restitution at a later date. The Department of Justice’s Environmental Crimes division, which brought the case and continues an investigation, had sought 4 to 5 years in prison and more than $1.7 million in fines and restitution.

While noting that Winkler “clearly has done many good things in his life,” as evidenced in 23 letters of support, Azrack said Winkler had been convicted of filing more than 250 false fishing reports, “all to cover up the illegal fishing.”

She called his “cavalier attitude” toward fishing laws “shocking.”

Winkler, in his first comments in court, acknowledged misreporting his catch. He told Azrack he was “deeply regretful” for his actions and that he had “deep remorse for the suffering I have caused my family” and others.

Choking up at times, he recounted a fishing life begun at age 6, a commercial fishing career begun at age 14 and his move to Montauk in 1977 to train as a full-time commercial fisherman. He fished from the commercial trawler New Age, which he called “my heart, my soul and my home.”

“I consider myself a farmer of the sea,” he said. “I have great respect for mother ocean.”

Winkler’s lawyer, Richard Levitt, in asking Azrack for a sentence of probation and house arrest, noted the fluke population is largely considered healthy and that his co-defendants, including fish dealers Bryan and Asa Gosman, are expected to get relative “slaps on the wrist” after previously pleading guilty and cooperating with investigators. Other government witnesses received immunity deals, including one who admitted illegally harvesting fluke just weeks before the trial.

Levitt noted that New York State has sued the federal government because of its disproportionately low percentage of the federal quota for fluke, while Virginia boats, with the largest share, can harvest upward of 20,000 pounds per trip. (New York’s is often 70 to 150 pounds.)

Levitt called Winkler a “man of quality and a man of integrity” who didn’t hang out in bars. “I don’t think Chris should be going to prison,” he said.

Peter Smith, another attorney for Winkler, said the defense is still considering the possibility of an appeal. Winkler is expected to report to prison in December.

Federal prosecutor Christopher Hale, while acknowledging that fishing is a “very hard occupation,” said “the rules have to be followed.” Filing false reports “messes up fisheries management,” he said. Winkler, he noted, built a house in Montauk with the illegal proceeds.

A “substantial” prison sentence was needed as a deterrent, Hale said. “Otherwise it’s just something they can pay their way out of … That’s not justice for the environment, or the fish.”

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

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