Politics & Government

Towns Win Suit Over Saltwater Fishing Licenses

Court says state can't impose license rule on waters under town control.

A judge has rejected a requirement that residents of Huntington and several other communities have state saltwater licenses when fishing in town waters.

 Ellen Schaffer, an assistant town attorney for Huntington who handled the case for the town, said the key principle was one of authority and history.

"Most (of the plaintiff towns) have colonial patents given by the various kings of England, prior to the creation of the state," Schaffer said. "Ordinarily the state would control the waters, but the northern towns of Long Island have these colonial patents which put us in a unique position, gives us power to control water, the underwater land, add docks and so on."  

State Supreme Court Justice Patrick A. Sweeney ruled Tuesday that those agreements gave the towns of  Huntington, East Hampton, Southampton, Brookhaven, Shelter Island, Southold and Oyster Bay control of their waters.

Acknowledging that the state had authority to regulate fishing, Sweeney said that didn't mean the state could deprive the towns of their power to control fishing in their jurisdictions.

Find out what's happening in Huntingtonwith free, real-time updates from Patch.

"We are very happy," Schaffer said. "We will not be surprised if the DEC appeals but the right to control the fishing in the waters of Huntington has been since time immemorial solely in the jurisdiction of the town through the patents, before the state was created."

The Department of Environmental Conservation attempted to impose the requirement last October that anglers over the of 16 purchase licenses but three towns immediately sued to block it. Huntington and other towns later joined in.

Equally pleased with the decision was fishing boat captain James Schneider who operates the James Joseph II fishing and party charter boat out of Huntington. "Anybody involved in the industry is extremely happy the town joined the suit," he said. "The towns are trying to protect their residents and their businesses.

"We live on an island. If you're looking for something to stifle the economy, put a fee on it," Joseph II said, citing the benefits to bait and tackle shops, gas stations, delis and other businesses of visiting fishermen.

"It won't directly affect me in a business sense because I still have to buy a blanket license, both a saltwater and charter license. But for individuals fishing off the dock behind Coindre Hall, who are getting discouraged from the sport, it's fantastic. It's nice to know they wont be persecuted for trying to catch a couple of fish," he said.

Find out what's happening in Huntingtonwith free, real-time updates from Patch.

The case isn't over, since the DEC plans to appeal at least part of the ruling but for now, Huntington's lead lawyer in the case is satisfied.

"These rights have been closely guarded," Schaffer said. "That's why the challenge was necessary. It's only $10 but  it's not a point we would relinquish. It's our sole jurisdiction. That's why we are very pleased. It would have been a very, very bad precedent."


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