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New York Lawmakers Go To Bat Over Fisheries Cutbacks

April 5, 2018 — The federal government is proposing a 12 percent reduction for the recreational black sea bass fishery in 2018,  despite the fact that scientists say the black sea bass fishery has been rebuilt to two-and-a-half times what regulators consider to be sustainable, and New York State is fighting back.

State Senator Ken LaValle and State Assemblyman Fred Thiele agree with DEC Commissioner Basil Seggos that “non-compliance is a legitimate remedy” for this cutback, stating that “this action discriminates against the State of New York. It would have a significant adverse effect on the Long Island economy” in a joint statement issued Monday.

“This has not been an isolated case of discrimination against New York State,” they added. “Unfortunately, this is part of a long history of federal action that has strangled the fishing industry in New York to the benefit of other states. DEC advocacy for our fishing industry is long overdue.”

New York, Massachusetts, Rhode Island and Connecticut filed an appeal with the Atlantic States Marine Fisheries Commission over the catch reduction on March 16, and Mr. Seggos expects an answer by late April or early May. He has told the press he plans to litigate the matter if the state does not win the appeal.

“The State of New York should utilize every legal and administrative tool at its disposal to overturn this ill-considered federal proposal,” said Mr. Thiele and Mr. LaValle. “New York should not be at a disadvantage with other states on the East Coast. Again and again, we have seen politics replace science to the detriment of New York State fishermen, whether they are recreational anglers, charter boat captains, or commercial fishermen. When the federal government is arbitrary and capricious, the state must say “no.”

In late March, New York Governor Andrew Cuomo and Attorney General Eric Schneiderman announced they had filed an appeal over commercial summer flounder (fluke) quotas set by the Mid-Atlantic Fishery Management Council of the National Marine Fisheries Service, and were also looking into taking action on New York’s quotas on black sea bass and bluefish.

For 2018, New York commercial fishing daily trip limits for fluke were set at 50 pounds. New York commercial fishermen are allowed to take just 7.6 percent of the fluke allocated among the mid-Atlantic states. These tight restrictions, compounded by monthly limits aimed at keeping the landings in check throughout the year, led to a closure of commercial fluke fishing here last fall.

Read the full story at the East End Beacon

 

NEW YORK: Strained Fluke Quotas, Hurricanes and Safe Harbor

Case of fisherman bound for North Carolina caught in José’s rough seas highlights inadequacies in interstate fishing regulations

September 29, 2017 — Less than a month after a bill granting vessels safe harbor in New York was signed by Governor Andrew Cuomo, a fishing vessel bound for North Carolina carrying 6,000 pounds of fluke has tested the new policy, straining New York’s federally designated fluke quotas.

The F/V Rianda S., which has long been a part of the Montauk fleet, was in transit to land its fish in North Carolina, where it has fishing licenses, on Sept. 17 after fishing in federal waters when it encountered the rough seas generated by Hurricane José and requested safe harbor in Montauk.

New York’s fluke fishery is closed for the month of September,  due to banner fluke landings this summer that strained the state’s already low federally mandated quotas.

The law granting safe harbor, sponsored by South Fork State Assemblyman Fred Thiele and East End State Senator Kenneth LaValle, allowed vessels fishing with licenses from other states immunity from prosecution for violations of state fishing regulations if they seek safe harbor under certain emergency situations, including weather, mechanical breakdown, medical emergencies and loss of essential gear that renders vessels unable to remain at sea.

The New York State Department of Environmental Conservation (DEC) guidelines for safe harbor were drawn with input from commercial fishermen after an incident in January 2015, when the arrival of bad weather forced a commercial fisherman with New Jersey fishing permits to land his fish in Hampton Bays instead of continuing on to New Jersey.

Read the full story at the East End Beacon

NEW YORK: Thiele Acts for Fishermen ‘Under Siege’

April 7, 2017 — Assemblyman Fred W. Thiele Jr. has introduced a package of legislation intended to aid the commercial fishing industry. Two of the three bills were introduced in the 2015-16 legislative session. One would direct the state attorney general to bring legal action against the National Marine Fisheries Service, or any other federal agency, to challenge existing quotas that the bill calls inequitable and discriminatory against New York State commercial fishermen. The bill is now in the Assembly’s environmental conservation committee.

A second bill, also introduced in the 2015-16 legislative session, adds a new element in its current form. It would establish a commercial fishing advocate and, in its new version, create a commercial fishing jobs development program under State Department of Economic Development jurisdiction. Gov. Andrew M. Cuomo vetoed the bill last year, Mr. Thiele said yesterday. “We’ve re-introduced it and made revisions that we hope will help encourage the governor to sign it,” he said.

Read the full story at The East Hampton Star

New York State extends restrictions on hooks for shark fishing

July 26, 2016 — ALBANY, N.Y. — New York state will require fishermen use circle hooks for catching sharks for two more years in an effort to protect them.

A new law continues the ban on shark fishing with the traditional J-hooks that sharks are considered likelier to swallow, potentially gutting them.

The ban continues through 2018. Circle hooks are bent farther toward the hook’s shaft than J-shaped hooks, nearly forming a circle.

In his sponsor’s memo, Assemblyman Fred Thiele, a Long Island independent, said several shark species are endangered and others are threatened with worldwide populations dwindling.

“Scientific studies predict higher survival rates for released fish when circle hooks and catch-and-release techniques are used, as circle hooks are more likely to hook a fish in the mouth rather than the gut,” Thiele wrote. They’re also easier to remove than J-hooks, can reduce potential harm to the fish and have been well received by the fishing industry, he wrote.

Read the full story from the Associated Press in the Connecticut Post 

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