Chairman Wise reminded the Council that, at its previous meeting, Mr. Richard Wilson requested that his petition to prohibit commercial gill netting within 1000’ of a state park be put on today’s meeting agenda and the Council had agreed to this request.  He asked Mr. Wilson to briefly summarize the substance and rationale for his petition.

Mr. Wilson stated that, on numerous occasions, he had observed a commercial gill netter setting his nets very close to shore in the waters of Camp Hero and Montauk State Parks.  As an active recreational fisherman, he thought this practice was inappropriate as the parks were established for recreational purposes and commercial fishing was inconsistent with this and the presence and activity of the gill netter interfered with the ability of park patrons to enjoy the park and its amenities.  He asked the Council to recommend to DEC that it adopt an emergency regulation prohibiting gill netting within the seabed jurisdictions of state parks (1,500’ of shore) and then to seek to make this prohibition permanent in state regulation.  He noted that several hundred state park patrons had signed a petition supporting this request.  Mr. Wilson stated that, in his view, any commercial fisherman licensed by the state has an obligation to act in such a manner as to cause a public harm.  Mr. Wilson contends that this individual was not meeting this obligation, as lost gill nets can foul marine mammals and litter the shore, and commercial netting locally depletes the abundance of marine fish species that, while in a park, are under the protection of the State of New York.

Referring to correspondence in his possession between Mr. Wilson and the New York State Office of Parks, Recreation and Historic Preservation (OPRHP), Mr. Wise asked Mr. Wilson to confirm that it was the present view of that agency that it did not have the legal authority to restrict gill netting in the marine waters off state parks.  Mr. Wilson responded that it was the position of OPRHP that, while it did have authority over the marine seabed offshore of state parks, it did not have such authority over the overlying marine waters and that this authority was required to effectively prohibit gill netting.  Mr. Wilson noted that this fisherman anchors his gill nets, and, in his view, this should provide OPRHP a legal basis to prohibit gill netting if it chooses to do so.

DEC Division of Law Enforcement personnel confirmed that they have examined the fishing practices of the gill netter in question and have concluded that he is fishing in compliance with all applicable state laws and regulation.  That is, his current fishing practices are not illegal.

Mr. Colvin opined that he was not at all sure that DEC currently has the legal authority to implement a ban on commercial gill netting within a certain distance offshore of state parks in the Marine District.  Most of its authorities have been delegated to it by the State Legislature in the context of the management of a certain species of fish.  He observed that measures such as Mr. Wilson is seeking (i.e., areal restrictions on the use of specific commercial fishing gears) are often done through legislative action.  He noted that the issue of the use of commercial nets in Montauk State Park has come up before.  Previously, the issue has always been addressed successfully through negotiated compromise.  He urged communication with the Easthampton Baymen’s Association on this history and insight on how the current controversy might be most effectively addressed.

Councilor Joe McBride suggested that the best way to resolve this issue was through an informal understanding made and kept by the individuals involved.  In his mind, to address this issue formally through either rule-making and/or legislation will escalate into a shoving match between surfcasters and gill netters generally and that is not in anybody’s best interest.

Mr. Jordan commented that, while he understood and was sympathetic to the need for reasonableness in resolving spatial conflicts between commercial and recreational fishermen, he did not agree that a shore fishermen (or a gill netter) has an exclusive right to fish in any specific stretch of shoreline simply by deciding to fish there.  He also noted that commercial fishermen have been fishing off the beaches of the Montauk area for centuries.

Several commercial gill netters spoke about an informal understanding that has long been present in the waters around the Montauk peninsula under which gill netters avoid setting their nets directly off state park beaches because of the ill-will that this can clearly generate.  They suggested that the gill netter in question be approached and some agreement struck.  Mr. Wilson stated that he thought this action would likely be futile.

After extensive discussion, it was the consensus of the Council that this matter should best be resolved through informal negotiation and agreement.  Mr. Wise offered to arrange a meeting between the gill netter in question, Mr. Wilson, a member of OPRHP Fishing Advisory Council, another gill netter from the Montauk area and, perhaps, a representative from the DEC.  The purpose of the meeting would be to seek a negotiated solution to the issue raised by Mr. Wilson.  Mr. Wise will report back to the Council on the substance and upshot of the meeting.

 

Page last modified Thursday, June 30, 2005 by George E. Carroll