Brookhaven, LI Towns Win in Fight Against Saltwater Fishing License

Seven Long Island towns banded together to challenge the authority of New York State to impose a saltwater fishing license on anglers within their jurisdiction based on colonial era land grants or "patents." The Supreme Court of New York struck down the law enacted by the State in a decision by Justice Patrick Sweeney dated Dec. 14.

The patents give New York State jurisdiction over navigable waters but they exclude tidewaters within Nassau and Suffolk County. Sweeney's decision cited the right of the towns to regulate their tidal waters as provisioned by the patents.

It was on this basis that the Town of Southampton originally sought to challenge the State's authority to impose the licensing requirement. Southampton Town Attorney, Joseph Lombardo was appointed lead council after the towns of East Hampton, Shelter Island, Brookhaven, Southold, Huntington and Oyster Bay joined in the litigation.

According to the judge's decision, the New York State law required all anglers over the age of 16 to obtain a recreational marine fishing license for a fee. The state used the licensing as a way to collect statistical data such as name, address and date of birth for the Federal Government's National Saltwater Angler Registry.

State Assemblyman Fred W. Thiele Jr., D, WF-Sag Harbor, echoed the feeling of many anglers when he said the license fee was just another tax.

"The only reason for this law was to impose a tax for the privilege to fish," he said in a statement.

The removal of the State license means that anglers will still have to register with the National Saltwater Angler Registry according to Maureen Wren, a New York State DEC spokesman.

That registry comes with a $15 fee, five more than the original state license.

"As of Jan. 1, 2011, any person fishing in the marine waters of the seven plaintiff towns who does not possess a state marine fishing license must carry proof that they have registered with the National Saltwater Angler Registry," she said.

But according to the NOAA's National Marine Fisheries Service website, registration is only required if the angler will be fishing in federal waters, which is more than three miles off the shore of the ocean or the entrance to sounds, bays and rivers.

Another major difference in the state and federal saltwater fishing licensing is the type of fish that they cover.

"If the individuals plan to fish for anadromous fish (like striped bass) then they need to participate in the Federal registry," said Wren.

For non-anadromous species like fluke or bluefish the angler doesn't need federal saltwater license.

According to the NOAA's National Marine Fisheries Service website an anadromous fish is born in fresh water, spends its life in the sea and returns to fresh water to spawn.

Although the DEC says that a person with a state registration is exempt from also obtaining a federal registration, the difference in fees was not reason enough for Sweeney to rule against the towns.

"The rationale advanced by the State in this action that it may issue a saltwater fishing license to apparently save the taxpayer from a Federal Registry fee which may be higher than the State would charge is not a sufficient reason to interfere with the jurisdiction of the respective towns," he wrote.

Not every angler opposes the New York State licensing.

Eric Huner of East Setauket is an avid fisherman who won the Greatest Bluefishing Tournament on Earth this past summer, weighing the winning fish at in Port Jefferson.

"It's not unreasonable to ask a very small fee to help the towns maintain and protect the natural resources," said Huner. "I'm in favor of it. It's not an unreasonable amount of money."

Wren pointed out that the fees for the Federal Registry are kept by the federal government.

"State license fees remain in New York for in-state marine resources projects and programs," she said.

The DEC is reviewing the court's decision but intends to appeal.