In light of multiple incidents of poaching in East Hampton Town waters, the town board and town trustees are united in supporting amending the town code to sharply increase the fines for harvesting shellfish without a town permit, for harvesting undersize shellfish, or for taking quantities in excess of the legal limit. They also agree on establishing an “aggravated" level of violation for persons acting in concert or possessing at least 25 percent more than the legal limit.
At their Sept. 26 meeting, the trustees held a discussion with Tim Treadwell, the town's chief harbormaster, and their attorney, Chris Carillo. “Poaching has been a very large problem this season,” Mr. Treadwell told the trustees. “It seems to have gotten worse.” Georgica Pond in particular “has gotten just overrun with out-of-towners that seem to have some sort of social media connection,” he said, “like there's some sort of poaching club that they belong to.”
Mr. Treadwell described organized groups working under cover of darkness, communicating by cellphone, with lookouts posted while others poach. It is believed that such groups sell their illegal catch in New York City.
To date in 2022, he said, there had been 114 violations written for not having a shellfish permit, which is available only to residents, and 31 more for taking undersize shellfish or quantities over the limit, for shellfishing at night, or for harvesting in uncertified waters. Seventy-five violations happened at Georgica Pond, and 43 at Three Mile Harbor, though violators do not appear to be acting in concert there, he said. Another 16 were cited in Napeague Harbor, 12 of them on the same night.
“They were just taking everything off the bottom that they could find,” Mr. Treadwell said, “whereas the big group that's been poaching at Georgica is just taking blue-claw crabs."
Seven violators were cited in Accabonac Harbor, and two each in Northwest Creek and Fresh Pond.
“What I would very much like the trustees' help with is, I want to try to increase the fines for this poaching activity,” Mr. Treadwell told the trustees, suggesting the additional aggravated poaching charge. “The problem is, they're selling these blue-claw crabs that they're taking from Georgica, and they're making way more money on this than these fines.”
The fine for shellfishing without a permit is $150. “If you're pillaging the harbor and you're taking everything, or you're taking hundreds of crabs and reselling them, then I think the fine should be more like $500, or more,” he told the trustees.
There was similar sentiment at the town board's Oct. 18 meeting. David McMaster, an assistant town attorney, said he and Mr. Treadwell had settled on a recommendation that the fine schedule, last updated in 2013, be increased. They proposed a doubling of the fine to $300 for shellfishing without a permit, harvesting undersize shellfish, or harvesting over the limit. Fines unpaid after 15 days would also double, to $600. After 30 days, they would increase from $450 to $740, and after 90 days, from $500 to $800.
The separate “aggravated” charge is warranted, Mr. Treadwell wrote in a memo that Mr. McMaster shared with the board, “as these violations have a much greater impact on our shellfish stocks than, for instance, one individual 'toe-clamming' and taking a couple of undersized or overlimit clams.”
Board members asked if the fines could be set even higher. Yes, was the answer. Of illegal trade in shellfish for commercial purposes, Supervisor Peter Van Scoyoc said, “I think most residents find that highly offensive.”
Poaching, said Councilwoman Cate Rogers, “puts stress on our natural resources. . . . We don't need more deliberate intrusion into the fish stocks.”
Councilwomen Kathee Burke-Gonzalez and Sylvia Overby agreed that fines should be higher than those proposed. "This is a real invasion of our natural resources” that could have a lasting impact, Ms. Overby said.
