In the middle of a socio economic disaster, Town of Riverhead cracks down on bunker fishermen
Even as Long Island’s commercial fishing industry reels from coronavirus-shuttered markets and restaurants, one East End town this week began cracking down on one of the few remaining viable sectors for local baymen: fishing for menhaden. Menhaden fishermen who launch their boats from a town ramp in Riverhead were greeted by a bay constable Wednesday morning who said the men would be cited for using seine nets that stretch beyond the 50-foot limit allowed by the town. “I’ve been fishing there for the last 30 years, and they decide to pick now, in the middle of a socio economic disaster, to enforce a silly code that’s not even applicable?” said Will Caldwell, a Hampton Bays fishermen who received a summons with a 30-day court date. >click to read< 09:37
This is a settled issue. the State manages commercial fishing in navigable waters — not the town.
“Thus, the Dongan Patent did not grant to the Trustees the exclusive rights to use the navigable waters in the Town or to take migratory fish from them. After the American Revolution, the State succeeded to those exclusive rights (see People v. Steeplechase Park Co., 218 N.Y. at 473, 113 N.E. 521; Melby v. Duffy, 304 A.D.2d 33, 37, 758 N.Y.S.2d 89; cf. Navigation Law § 2[4] ).”
Supreme Court, Appellate Division, Second Department, New York.
BROOKHAVEN BAYMEN’S ASSOCIATION, INC., et al., appellants, v. TOWN OF SOUTHAMPTON, et al., respondents.
Decided: June 28, 2011