LEWES – DNREC Division of Parks & Recreation Natural Resources Police have arrested five men this month in an ongoing anti-lewdness campaign operating out of the Wolfe Neck parking area near an intersection with the Junction & Breakwater Trail. The men – three from Delaware, two from Maryland and all over 59 years of age – were charged with lewdness-related offenses ranging from offensive touching; criminal solicitation; lewdness and indecent exposure; and loitering to engage in or solicit sex.

Parks Police Chief Wayne Kline said that in spite of crackdowns there by Natural Resources Police over the last year, DNREC continues to receive complaints from the neighboring public about such illicit activity in the Wolfe Neck area. “Thus we are continuing operations against a serious and longstanding problem with lewd and indecent public behavior there,” Chief Kline said. “Such behavior will not be tolerated in a public area within a Delaware State Park. Every arrest that we’ve made and may make as this enforcement operation continues reiterates that we are committed to eliminating this problem in a public area.”

DNREC has deployed incremental enforcement tactics over the last 15 months to rid the area of such behavior, including posting of “No Loitering” signs and increased patrol activity. Chief Kline said DNREC’s campaign to prevent public lewdness in the Wolfe Neck area has made use of both uniformed and plainclothes officers, and will continue to do so.

One of the men arrested there this month was taken to Justice of the Peace Court 3 on charges that included disregarding a police officer’s signal, a felony, and an assortment of moving vehicle violations. He was released on $4,900 bond pending arraignment in Superior Court. The other four men were released on a criminal summons with pending court appearances at Justice of the Peace Court 2. They face punishment ranging from a year in jail and fines up to $2,300 for Class A misdemeanor; of up to six months in jail and fine of $1,150 for Class B misdemeanor; up to 30 days in jail and a $575 fine for unclassified misdemeanor, and up to one-year probation and a $345 fine for a violation.

Contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 252

Reminder for the week: Recreational crabbers should review rules before crabbing

DOVER – To achieve public compliance through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC’s Division of Fish & Wildlife Natural Resources Police officers between June 27-July 3 made 2,920 contacts with anglers, boaters and the general public, including 608 vessel boardings for boating safety and fishing regulation compliance checks. Officers responded to 102 complaints and issued 96 citations, four of which were related to the C&D Canal Conservation Area and associated recreational trail, where there is an increased Fish & Wildlife Natural Resources Police presence.

Incidents of note:

• On July 3, Fish & Wildlife Natural Resources Police cited Robert J. Klerlein, 50, of Millsboro, for operating a vessel under the influence of alcohol and operating a vessel at night with no navigation lights on Indian River Bay. Klerlein was given a mandatory appearance at Justice of the Peace Court 14 in Georgetown at a later date.
• On July 2, Fish & Wildlife Natural Resources Police cited Charles J. Duricek, 59, of Wilmington, for operating a vessel under the influence of alcohol at Pot Nets Bayside on Indian River Bay. Duricek was given a mandatory appearance at Justice of the Peace Court 14 in Georgetown at a later date.
• On July 2, Fish & Wildlife Natural Resources Police cited Jordan Jones, 32, of Gaithersburg, Md., for operating a vessel under the influence of alcohol, negligent operation of a vessel and no life jacket on a child age 12 or younger as required by law while boating near Pot Nets Bayside on Indian River Bay. Jones was given a mandatory appearance at Justice of the Peace Court 14 in Georgetown at a later date.
• On July 2, Fish & Wildlife Natural Resources Police cited Anthony Yannvcci, 38, of Millsboro, for operating a vessel under the influence of alcohol near Lewes. Yannvcci was given a mandatory appearance at Justice of the Peace Court 14 in Georgetown at a later date.
• Over the holiday weekend, Fish & Wildlife Natural Resources Police in Kent County cited four commercial crabbers for violations in separate cases during compliance patrols in the Delaware Bay. The four crabbers were charged with a total of nine counts of commercial possession of undersized blue crabs. Fines totaled $963, including court costs.

Citations issued by category, with the number of charges in parentheses, included:

Wildlife Conservation: Trespassing after hours on a state wildlife area (3), operating an unregistered motor vehicle on a state wildlife area (2), and operating a motor vehicle off established roadways in a state wildlife area (1)*.

Fisheries Conservation: Recreational: Unlicensed fishing (17), trespassing to fish (2), possession of undersized blue crabs (8), possession of egg-bearing blue crab (1), recreational crab pot tampering (1), use of recreational crab pots without required turtle excluder (2), improperly marked crab pots (2), possession of over-the-limit striped bass (1), possession of undersized striped bass (1), possession of undersized summer flounder (1), and possession of summer flounder parts (1).
Commercial: Possession of undersized blue crabs (9).

Boating and Boating Safety: Operating a vessel under the influence of alcohol (4), negligent operation of a vessel (1), operating a vessel with insufficient number of lifejackets (8), no life jacket on a child age 12 or younger as required by law (2), failure to observe slow-no-wake zone (3), operating an unregistered vessel (6), allowing use of a non-compliant vessel (1), no boating education certificate (8), no boat ramp certificate (2), no sound-producing device (1), and no navigation lights (1).

Public Safety: Driving with a suspended or revoked license (2), operating a motor vehicle with no insurance (2), vehicle spinning tires/speed exhibition (1), and operating a motor vehicle with a fictitious license plate (1).

Other: Littering (1).

* Citation issued at the C&D Canal Conservation Area, plus unlicensed fishing (3).

Are you AWARE?
DNREC’s Division of Fish & Wildlife Natural Resources Police remind recreational crabbers to review state regulations governing blue crabs, including the required use of a turtle by-catch reduction device in recreational crab pots.

A turtle by-catch reduction device is attached in the funnel entrance of a recreational crab pot to reduce the possibility of diamondback terrapins entering the pots and drowning. The device is a rigid metal or plastic rectangular frame that measures 1.75 inches by 4.75 inches. By-catch devices are available at local tackle shops or may be handmade of heavy wire.

Other Delaware crabbing regulations include:

• A Delaware recreational fishing license is required for crabbing.
• The recreational daily limit on blue crabs is one bushel per person.
• Minimum “keeper” size for male blue crabs and immature female crabs with the V-shaped apron is 5 inches, measured across the shell from point to point.
• Mature female crabs, identified by the U-shaped apron, are exempt from the minimum size of 5 inches because many females reach maturity at a smaller size.
• Mature female blue crabs bearing eggs, known as sponge crabs and recognizable by the orange eggs visible under the apron, may not be taken and must be returned to the water immediately.
• Recreational crabbers may use any number of single, baited hand lines, trot lines (a longer weighted line with a series of baited points) or pull traps. Standard size and possession limits as noted above apply.
• Recreational crabbers may not use, place, set or tend more than two crab pots.
• Recreational crab pots must be tended by the owner at least once every 72 hours and must be marked with white buoys with the owner’s name and permanent mailing address.
• Recreational crabbers are prohibited from selling blue crabs; only commercially-licensed crabbers are permitted to offer blue crabs for sale in Delaware.
• Crabbing or fishing off courtesy docks at state-owned boat ramps is prohibited.
• To avoid being cited for littering, gather up leftover bait, bait containers, crab lines and other trash for proper disposal. And remember: All Fish & Wildlife fishing and wildlife areas are “carry in, carry out” for trash.
• For more information on individual wildlife areas, including the rules and regulations specific to each, such as where crabbing is allowed, visitors are encouraged to check out Delaware wildlife area maps, which are available in hard copy at DNREC’s Dover licensing desk and online at Delaware Wildlife Area Maps.

Delaware fishing licenses are sold online, at the licensing desk in DNREC’s Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901, and by license agents statewide. To find a participating agent, or to purchase a license online, visit Delaware Licenses. For additional information on Delaware fishing licenses, call 302-739-9918.

For more information on crabbing in Delaware, click on 2016 Delaware Fishing Guide. The guide also is available in printed form at DNREC’s Dover licensing desk, and from license agents throughout the state.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Contact: Sgt. John McDerby, DNREC Division of Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 251

DOVER – On behalf of Delawareans and public health, DNREC has taken two recent actions through the federal court system and US Environmental Protection Agency  aimed at requiring “upwind states” to reduce air pollution generated within their borders that carries into and pollutes Delaware’s air, causing asthma, respiratory disease, and other public health problems for Delawareans.

The first action – a petition filed in U.S. Court of Appeals for the District of Columbia Circuit challenges an EPA final rule that granted a one-year extension to the Philadelphia-based ozone nonattainment area to comply with the 2008 national ozone standard. This area includes Delaware, Pennsylvania, Maryland and New Jersey. Delaware believes EPA should require pollution reduction programs to address the transport of emissions from one state to another, rather than granting the extension. Pennsylvania, Maryland and New Jersey requested the extension of the attainment deadline, but Delaware argued against it based on its analysis that meteorological conditions were more responsible for temporary improved air quality readings in the nonattainment zone, rather than actual reductions in air pollution.

“Delaware residents, businesses and industry have made great strides in reducing our own sources of air pollution’” said DNREC Secretary David Small. “But we cannot meet our air quality standards without sources in other states taking similar action. We are still dramatically affected by what upwind states are doing – or not doing – toward meeting air quality standards. If we are going to continue to ask Delawareans to do more, we need EPA to take steps to level the playing field between states. This action is the latest in a number that the Department has taken to seek EPA’s help.”

Delaware has complied with the requirements of the federal Clean Air Act by adopting in-state control measures for the prevention of emissions that would significantly contribute to non-attainment of the 8-hour ozone standard established by EPA. These actions have not only helped improve air quality in Delaware but have helped reduce impacts to our neighboring states that can be affected by the transport of air and contaminants. However, Delaware’s ability to achieve and maintain health-based air quality standards is severely impeded because more than 94 percent of bad ozone levels in Delaware are created by the transport of air pollutants from upwind states. DNREC’s Division of Air Quality has determined that attainment of the 8-hour ozone standards in Delaware is possible only through additional emission reductions in these upwind states that include  Maryland and Pennsylvania and other states further west and as far away as Michigan, Indiana, Ohio and Kentucky..

Predictably, the return of typical summer weather conditions of hot, humid sunny days has led to ozone exceedances in the Mid-Atlantic region, and air monitors throughout the Philadelphia non-attainment area, including Delaware, have confirmed that  air remains unhealthy by recording multiple exceedances of the ozone standard, with more exceedances likely to come over the next couple of months.

The second action taken this week by DNREC and Delaware is aimed specifically at the Brunner Island Power plant near York, Pa. Delaware filed a petition with the EPA under Section 126 of the Clean Air Act asking EPA to make a finding that emissions from the Brunner Island plant, with its three coal-fired electric generating units, significantly contributes to unhealthy ozone concentrations in Delaware.

Delaware’s petition is based on computer modeling that demonstrates that emissions from Brunner Island’s coal-fired units contribute heavily to ozone levels in Delaware that exceed the 2008 and 2015 8-hour ozone standards. EPA’s granting of the petition would require the Brunner Island facility to promptly reduce the emissions that significantly contribute to ozone exceedances in Delaware.

Brunner Island’s three coal-fired electric generating units are not currently equipped with modern nitrogen oxide (NOx) controls similar to those installed starting in 2010 at Delaware’s NRG Indian River facility near Millsboro – which have reduced the annual NOx emissions rate by upwards of 80 percent from the last remaining coal-fired electric generating unit at that facility, according to DNREC statistics. Modern NOx controls, such as selective catalytic reduction (SCR), have been in commercial service at coal-fired electric generating units for decades, and have the ability to significantly reduce NOx emissions from coal-fired combustion sources.

NOx is a precursor pollutant to the formation of ambient ozone. Ozone is formed when chemicals in the air such as NOx and volatile organic compounds react together in hot sunny conditions. Under Section 126 of the Clean Air Act, the EPA must make the requested finding or deny DNREC’s petition within 60 days after receipt.

Background on ozone The EPA established a short-term ozone standard (8-hour National Ambient Air Quality Standard) to address the potential health impact of short-term exposure to high levels of ozone. Short term exposure to ozone can cause rapid, shallow breathing and related airway irritation, coughing, wheezing, shortness of breath, and exacerbation of asthma, particularly in sensitive individuals and asthmatic children. Short term exposure to ozone also suppresses the immune system, decreasing the effectiveness of bodily defenses against bacterial infections. Research studies indicate that markers of cell damage increase with ozone exposure. Some studies suggest that there is a link between ozone exposure and premature death of adults and infant death. Other studies indicate a link between ozone and premature birth and adverse birth outcome, cardiovascular defects, and adverse changes in lung structure development in children. Children, the elderly, those with chronic lung disease, and asthmatics are especially susceptible to the pulmonary effects of ozone exposure. Additionally, studies have shown that ozone can adversely affects trees and vegetation, can cause reduced crop yields, and can contribute to the “nitrification” of bodies of water.

The formation of atmospheric ozone is a particular problem in the eastern United States and to Delaware because of its strategic Mid-Atlantic location during warm summer months when atmospheric conditions are the most conducive to ozone formation. The summer months also tend to coincide with periods of high electric consumption and the required electric generation to meet the electric demand. High levels of NOx emissions associated with the generation of electricity using fossil fuels contribute to the formation of ozone. In fact, the annual period comprising May 1 through September 30 is referred to as the “ozone season.”

CONTACT: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 250

Reminder for the week: Observe safety precautions when towing water skiers

DOVER – To achieve public compliance through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC’s Division of Fish & Wildlife Natural Resources Police officers between June 20-26 made 1,696 contacts with anglers, boaters and the general public, including 169 vessel boardings for boating safety and fishing regulation compliance checks. Officers responded to 43 complaints and issued 30 citations, one of which was related to the C&D Canal Conservation Area and associated recreational trail, where there is an increased Fish & Wildlife Natural Resources Police presence.

An incident of note:

• On June 25, Fish & Wildlife Natural Resources Police cited Gerard M. Centofanti, 68, of Reading, Pa., Todd Sheridan, 51, of Thomasville, Pa., John Krinex, 70, of Ellenton, Fla., and Bradley Sheridan, 73, of Spring Grove, Pa., for one count each of recreational crab pot tampering on Vines Creek in Indian River Bay. The four men were fined $107 each, including court costs.

Citations issued by category, with the number of charges in parentheses, included:

Wildlife Conservation: Trespassing after hours on a state wildlife area (1)*, and operating an unregistered motor vehicle on a state wildlife area (1).

Fisheries Conservation: Recreational: Unlicensed fishing (6), recreational crab pot tampering (4), use of recreational crab pots without required turtle excluder (1), possession of undersized blue crabs (5), and possession of undersized summer flounder (2).

Boating and Boating Safety: Operating a vessel with insufficient number of lifejackets (2), no lifejackets on water skiers (2), failure to observe slow-no-wake zone (3), operating an unregistered vessel (1), no fire extinguisher (1), and no boating education certificate (1).

* Citation issued at the C&D Canal Conservation Area.

Are you AWARE?
DNREC’s Division of Fish & Wildlife Natural Resources Police remind boaters of some important safety regulations when towing water skiers.

“Water skiing is a three-person sport – the water skier, the boat operator and the observer,” said Sgt. John McDerby, Fish & Wildlife Natural Resources Police boating safety coordinator. “Under Delaware law, any vessel towing a water skier must have a person aboard other than the operator to act as the observer. To ensure the skier’s safety, the observer faces backwards, watches the skier and alerts the boat operator of any hand signals from the skier or if the skier goes down.”

Other safety requirements for water skiing:

• Recreational water skiers must wear lifejackets.
• A water skiing tow line cannot exceed 75 feet in length.
• Observe all “Slow-No Wake” areas.
• Avoid traveling at unsafe speeds, including congested areas.
• If water skiing or tubing behind a personal watercraft (PWC), the PWC must have the capacity to legally carry the operator, observer and the person being towed.
• Observe marked “No Water Skiing” areas, which include all marked swimming areas, Assawoman Canal, Indian River Inlet, Roosevelt Inlet, Whites Creek, a portion of the channel through Masseys Landing and portions of the Rehoboth-Lewes Canal.
• Maintain a safe and reasonable distance from shipping lanes, other vessels, persons and property.
• Water skiing is prohibited at night between sunset and sunrise, and within 100 feet of persons in the water, piers, docks, floats, wharfs, vessels anchored or adrift and private or public boat launch ramps.

For more information, please visit Delaware Boating Safety.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Contact: Sgt. John McDerby, DNREC Division of Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

DOVER – Two new officers with unique skillsets and specialized training have joined DNREC Fish & Wildlife Natural Resources Police. Working with their human partners, AFC Josh Hudson and AFC Chelsea Allen, K-9 Rosco and K-9 River will be on the job, using their sensitive Labrador retriever noses to locate everything from discarded weapons to poached wildlife to lost children.

The two new K-9 teams graduated from the Maryland Natural Resources Police K-9 Academy on June 17 following an intensive 10-week training course, with certification in human tracking, evidence location and wildlife evidence tracking of deer and wild turkeys.

“Their training is scent-specific. If you hold up an article of clothing from, say, a lost or missing child, that’s what they will track, and what they will find,” said Lt. Casey Zolper, who oversees the Fish & Wildlife Natural Resources Police K-9 program. “They can dig up game that someone’s hidden when over-the-limit or taken out of season, or find illegal guns and ammunition that have been discarded by somebody breaking the law. Just seeing these dogs on duty is a great deterrent to potential violators.”

AFC Hudson began his law enforcement career as a seasonal officer eight years ago, becoming a full-time officer in 2012 and graduating from the police academy in 2013. He brought Rosco home at eight weeks old from a Felton kennel and was well into training him as a hunting dog when an opportunity to join law enforcement came up for the two-and-a-half-year-old chocolate Lab. “Our natural resources police section was looking for new K-9 officers,” AFC Hudson said. “Rosco tested, met their tough criteria and was accepted into the program.”

AFC Allen also worked as a seasonal officer before entering the police academy, graduating in 2014 and joining Fish & Wildlife Natural Resources Police as a full-time officer. Her new partner, River, a black Lab, was donated to Fish & Wildlife’s K-9 program by Bill Adams of Milford. “I was very excited to hear the agency was looking for new K-9s – partnering on a K-9 unit is something I’ve always wanted to do,” said AFC Allen. “As soon as I met River, I knew she would make a great K-9 partner.”

The two new K-9 teams will walk in some big pawprints. The Fish & Wildlife K-9 program began in 2006, when then-AFC Zolper was paired with K-9 Officer Warden – who proved his skills on a wide variety of cases, from search-and-rescue to natural resource cases to DNREC criminal cases as well as in assisting other police agencies. He tracked all types of articles, people and wildlife, including illegally-taken doves, turkeys, ducks and deer. Warden also helped locate marijuana growing in state wildlife areas, tracked missing and wanted persons and found key evidence in criminal cases that included firearms, ammunition and even a personal item related to an attempted homicide.

When not working in the field, Warden often served as Fish & Wildlife Natural Resources Police’s K-9 ambassador, demonstrating his unique skills at schools and attending statewide community events, which the new K-9 officers also have as their charge. Warden died in 2014, just a few days shy of retirement at age 10. “Following K-9 Warden’s distinguished service, we knew we wanted to continue the program,” said Chief Robert Legates, Fish & Wildlife Natural Resources Police. “We feel confident these two new K-9 teams will pick up the work Lt. Zolper and K-9 Warden did so well and provide the same outstanding level of service to the people and wildlife of Delaware.”

AFC Hudson and K-9 Rosco are based in Sussex County and AFC Allen and K-9 River are based in New Castle, but will respond as needed throughout the state. In addition to handling DNREC natural resources police cases, the two K-9 teams also will be available to assist state, county and municipal police agencies.

Contact: Sgt. John McDerby, Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902