Southampton - New York State Assemblyman
Fred Thiele (R-Sag Harbor) is seeking to delay the starting date of a controversial law requiring salt water fishermen to obtain licenses from the state until January 2010. The controversial law enacted during the last legislative session is scheduled to go into effect on Oct. 1, 2009.
The law enacted as a line item in the state budget last spring has been hotly contested by Town Trustees in four of the five towns on the East End where citizens are guaranteed the right to "fish free" according to the terms of the Dongan Patent written in 1686. The call for repeal was lead by the Southampton Town Trustees last spring after the budget was adopted and word of the new law spread. The licensing provision escaped notice by local boards since it was not introduced as a freestanding piece of legislation.
Trustees from East Hampton, Southold and Shelter Island quickly joined with Southampton in their protest. Thiele followed suit promising to call for repeal last spring however, the Assemblyman did not introduce legislation to that effect before the session ended in June.
The Dongan Patent has been upheld in the courts in numerous cases over the years by judges who noted the Patent was just as valid in contemporary times as it was when it was written. The Patent established the Board of Trustees as the first governing bodies in the East End towns. The Trustees contend the state does not have the authority to charge salt water fishermen a license fee. Although New York State issues licenses for fresh water fishing and hunting, salt water fishing was not included in this category until April 2009. Those opposing the fee point to the state's increasing tendency to generate revenues by charging fees such as the equally controversial payroll tax to bridge the budget gap.
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The entire board is committed to exploring all means available to them to uphold the Dongan Patent. Civil disobedience and litigation have not been ruled out as the state moves the enforcement date to January 2010. |
"Thiele is taking this opportunity to introduce the roll back in the Senate so it gets past both houses," Southampton Town Trustee Eric Schultz said, noting the confusion in Albany last June as the session drew to a close left the Senate in disarray preventing Assemblyman Thiele from getting his motion on the floor. The House has already approved the Jan. 1, 2010 date before they adjourned for the summer recess.
The move is aimed at giving town officials more time to prepare to comply with the law rather than implementing the program in October as the year draws to an end. The permits, which are to be issued annually, will cost the towns money to implement. Residents and non-residents may purchase permits at their local town halls or at fishing and bait and tackle shops if they can find owners willing to cooperate with the state law. Many owners of these retail establishments have turned out to protest the law joining with the Trustees in their opposition.
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Trustees Edward Warner and Eric Schulz joined in the discussion of the opposition to the salt water fishing license. |
Town residents can expect to pay $10 for an annual license. The fee for non-residents will be $15. In addition, the state will sell day permits for $4 and weekly permits for $8. Charter boats will be charged a $400 annual fee beginning on Oct. 1, unless the rollback is implemented by both houses of the legislature when the session resumes.
The licensing provision will be implemented by the New York State Department of Environmental Conservation (DEC) and administered by each town. According to state officials licensing fees charged for salt water fishing are expected to generate an estimated $3 million for the state.
Still Seeking Appeal
Trustees from the four towns involved remained committed to exploring ways to repeal the law citing the Dongan Patent. In Southampton feelings ran high when the licensing law was enacted in April. The Trustees vowed to fight for the right to fish free maintaining they would indemnify their citizens if they were apprehended for fishing without a license. A major contention in the opposition to the measure is that
revenue generated from the license will not be used to benefit the East End towns much to the chagrin of the Trustees as the money will be funneled back to the state DEC and used at its discretion.
While the move for repeal is strong it remains to be seen if Assemblyman Thiele can garner support for a downstate issue that is of paramount importance to Long Island but has little play in Oswego or elsewhere in the state where votes would be needed to pass the bill. This week speculation mounted as the stripe bass season approached and fishermen wondered if the town could trump the state and effectively protest the coming licensing fees.
Guest (Eden maxime) from new york says:
i, would like to apply for salt fishing license