Montauk Pioneer - October 9, 2009 -New Recreational Fishing Regulation Has Many Furious

In a search for funds, the New York Legislature has attempted to cash in by passing a law enabling the Department of Environmental Conservation to require a fishing license that sets the costs at $10.00 for residents, $15.00 for non-residents and a lifetime resident license for $150.00. Party and charter boats can choose to pay $400 for "blanket" coverage for all anglers who fish with them and this is in addition to the $250 they already pay the New York State for operating a vessel in the state. In Montauk now the charge is $10 for a required fishing license to cast your lines into the Block Island Sound or the Atlantic Ocean and to take a chance on landing a record breaking catch.

The fee is very unpopular and may actually be illegal in the other parts of the Hampton's. The silhouettes of fishermen standing on rocks before and after the rising and setting suns are a historic vision of Montauk fishing, and may now include a license pinned on to their pockets. Just before the October 1 start up date, an injunction was put in place to rule on the legality of the license, primarily due to the efforts of newly declared Independent New York State Assemblyman Fred Thiele, (formerly a Republican) and Southampton Trustees. According to a statement released by Thiele and confirmed by his Bridgehampton office, "Suffolk County Supreme Court Justice William Rebolini has issued a temporary restraining order on Wednesday afternoon September 30, barring the state from enforcing the license from going into effect in Southampton Town, East Hampton Town and on Shelter Island."

The hearing on October 13, before a different judge will determine if the state can supersede the authority of the Trustee's of the three towns who have had total authority of "fish and fowl" in town waters for free and without hindrance from any outside agencies. When the State of New York was formed, the colonial-era laws were ratified within the state constitution; the trustee's and Mr. Thiele believes this means the Trustees authority should still supersede state law. The Trustees were created and granted sole authority over the Town of East Hampton, by King James II through the Dongan Patent of December 9 1686. It will be the Dongan patent that will be the cornerstone of the presentation of the October 13, case according to the source inside Mr. Thiele's office. The feeling in Montauk at Camp Hero, where so many bass fishermen collect was one of amazement. One fisherman who referred to himself as a traditionalist said, "I am upset, heck, they're charging us $6 bucks a day to park already." The sad point is that with the revenue from income taxes state wide down, the state is creating other ways to tax residents to make up the shortfalls. Too many believe that state representatives want to raise money to keep their pet projects funded. My 83-year-old sailing buddy said, "Cigarette taxes, gasoline taxes, sales taxes, state and county mortgage taxes, will now soon have the fishing license on the list of new ways for the state to get into the pockets of retiree's."