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Follow up on the fluke man
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Stonington Fisherman, Buyer Seek State Intervention In Alleged DEP Harassment

By JOE WOJTAS
Day Staff Columnist, Stonington/Mystic
Published on 4/28/2005

Stonington — Town Dock fisherman Bob Guzzo and fish buyer Mike Gambardella have written to federal, state and local officials about a confrontation last weekend with state Department of Environmental Protection officers, and have asked Gov. M. Jodi Rell and state Attorney General Richard Blumenthal to set up a meeting between fishermen and the DEP.

Fishermen said DEP officials tried to cite Guzzo, skipper of the Jenna Lynn, for exceeding the state fluke quota even though a scale showed his catch was under the 1,500-pound limit.

Guzzo and Gambardella, who owns Gambardella Wholesale Fish at the dock, said the incident is just the latest in a series of incidents in which DEP officers have harassed Guzzo and other fishermen.

“We need to straighten this out and stop the harassment,” Gambardella said. “We don't want to file a suit, but if they don't take time to straighten this mess out then we will.”

DEP Captain John Smutnick said he would be willing to meet with the fishermen but disputed the harassment charges.

“We are responsible for monitoring the take of various species and we cannot be (at the Town Dock) too often,” he said. “If I could be there every time a boat unloaded, I would. It should not be a concern of theirs if we are there. That's our job.”

Gambardella and Guzzo said that when Guzzo unloaded his boat, Gambardella's scale showed he had taken 1,448 pounds of fluke –– 52 pounds under the legal limit.

DEP officer Scott Arsenault said Guzzo's take weighed 1,548 pounds, putting it over the limit. Smutnick said that while Arsenault did not weigh the fish himself, he observed the number of fish and estimated their weight. Arsenault tried to issue a warning ticket to Guzzo, who refused to accept it.

Gambardella said he offered several times to reweigh the fish, but Arsenault refused. Smutnick said it would have been difficult to reweigh Guzzo's haul because it could have been mixed in with catches from other boats in the “totes,” or boxes, that hold fish in coolers at the dock.

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