DEC: Medford Man Charged With Illegal Shellfishing

A Medford man could face prison time after being charged with illegally harvesting shellfish from the Nissequogue River in Kings Park last week, according to the state Department of Environmental Conservation (DEC).

John P. Martell had been walking along the shore of the Nissequogue River near Riviera and Locust drives on Feb. 23 when state environmental conservation officers observed him drive down the road to a location where he stashed about 800 oysters, according to a DEC press release.

Martell was issued four misdemeanor tickets after being confronted by the officers as he loaded bags of oysters into his vehicle, the DEC said.

The entire length of the Nissequogue River is listed by the DEC as "uncertified" for shellfishing.

“The harvesting of shellfish from uncertified waters has the potential to have dire human health consequences," DEC Regional Director Peter A. Scully said in a release. "Harvesting shellfish from uncertified waters could potentially result in the shellfish transmitting diseases to humans who consume them."

Martell is charged with failure to tag shellfish, possessing shellfish from uncertified waters, possession of commercial shellfish quantities at night, taking shellfish at night and possession of shellfish at night.

Harvesting shellfish is prohibited from sunset to sunrise so officials can easily observe compliance with shellfish regulations, the DEC said. 

Martell faces up to $1,000 in fines and/or one year in jail on each misdemeanor charge. He was also charged with one violation for failure to carry a commercial shellfish digger license which carries a potential $250 fine.

Martell is scheduled to be arraigned on March 23 in First District Court in Central Islip.

A Shoreham man was to five months in prison on similar charges for illegally harvesting oysters in the Nissequogue River in 2010.