Saltwater Fishing Discussion Board Including Inshore Fishing, Offshore Fishing, Saltwater Fly Fishing and Kayak Fishing

I just submitted this as part of my weekly column. It's beyond an important issue, so I'm reposting it here. What Brookhaven is doing is BS and can't possibly be legal.
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This past Saturday, I read a posted report on noreast.com from an angler who went to the Brookhaven Town public beach at Shoreham to find that the Town had banned fishing there. I found the report difficult to believe, so before writing this column, I took a drive there to see what I could learn. Sure enough, on an official Brookhaven Town park sign were the words “No Fishing”. I spoke to the parking lot attendant who guards the path leading to the beach. He told me that no one is permitted to carry a fishing rod to the beach – even if that person intends to walk far away from the town beach to fish. He told me if someone disobeyed his instructions, he would have to call Brookhaven Town Public Safety. The Shoreham Town Beach is bordered on the west by a stretch of beach that runs unobstructed for about 7 miles to Mt Sinai Harbor. There is approximately a mile of beach to the east that is interrupted by the jetty at the Shoreham power plant.
As I wrote about in last week’s column, beachfront property owners, including the Town of Brookhaven, own only the land above the Mean High Water Mark (MHWM). This line is calculated by an average of all high tides, including the unusually high tides that occur near the Full and New Moons, and the often very high storm-driven tides. Since these extreme highs are averaged in, the MHWM is well above the weed line that is deposited by typical high tides. The beach below the MHWM belongs to the state, and the public’s right to access it is protected under the Public Trust Doctrine.
The essence of the doctrine is that the waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation, and similar uses and that this trust is not invalidated by private ownership of the underlying land. Note the reference to “fishing”. As long as anglers stay below the MHWM, they can fish legally anywhere along the beach. I’m not an attorney, but to me, Brookhaven’s attempt to prohibit fishing looks like a clear violation of the Public Trust Doctrine.
If unchallenged, Brookhaven’s actions set a very dangerous precedent. How long will it be before other towns cave into influential property owners and outlaw fishing? I hope someone challenges this law. It will take nothing more than an otherwise law-abiding taxpaying Town of Brookhaven resident to politely and calmly commit the apparently illegal act of going fishing on a beach paid for by his or her tax dollars. Then the summons would need to be challenged in court. If any attorneys would be interested in defending such a summons on a Pro Bono basis, please email me at john@noreast.com.
I no longer live in the Town of Brookhaven, but I grew up there at a time when anglers could drive on the beach. That was taken away in the early 80s. I was among the many anglers who packed Town Hall for the meeting at which a handful of property owners convinced then Town Supervisor Henrietta Acampora and the Town Council to take away that beach vehicle access. Since then, most of the near beach parking has been taken away too. Now the taxpayers of Brookhaven Town are being told it’s illegal to fish at one of the few areas they do have access to. I would normally advocate calling Town Hall to complain about an issue such as this. Brookhaven Town Supervisor Brian Foley’s phone number is 631-451-9100. It’s always worth making a call to complain, but in this instance, I believe it’s going to take a legal challenge to change anything.

A Season on the Edge
FishersLog

Scott1280

Joined: 05/22/2005
Posts: 14970
Location: Debs/Jones Inlets

posted 06/15/2008 05:36 PM

I am NOT an attorney and I AGREE this sux, but the public trust doctrine means we all own and can use the exposed land below the MHW mark. This had been established precedent in many states including California where the people who owned beach front property tried to prevent people from jogging along the bach. As long as it was below the MHW mark there was nothing they could do.

The problem is GETTING to the water below the MHM mark. I would think that a municipality can regulate what people can and can't bring into a public park. If you can access that beachfront without going through the park they can't stop you from fishing, but they can stop you from bringing fishing gear into the park property above the MHW mark.

"I believe that criticizing and questioning our government and it's leaders is just as Patriot as driving a Ford pickup truck with an American flag strapped to the back while eating apple pie." Tizod

tiderunner70

Joined: 11/09/2003
Posts: 5959
Location: long island

posted 06/15/2008 07:39 PM

so you can walk down the path to the beach just as long as you do not have a fishing rod??? Really

Tom Farrell
Vice President - New York Coalition for Recreational Fishing

MSA
LIBBA

CHEVY1
Noreast.com Club Member

Joined: 03/17/2003
Posts: 12088
Location: levittown, N.Y.

posted 06/15/2008 07:47 PM

THIS IS TERRIBLE

I do not live in Brookhaven, but I do operate my company in the town.Since I pay taxes there am I allowed to go to these town of Brookhaven Parks?
Can I purchase fishing permits?
If I can then matbe I could help.

I drive a jeep, but CHEVY is in my blood. libba # 1742, Striped Bass Coop.
Take more garbage than you brought with you-every time!

Scott1280

Joined: 05/22/2005
Posts: 14970
Location: Debs/Jones Inlets

posted 06/15/2008 07:49 PM

I was told Saturday that Nassau County is Looking to Sell their Bay Park facility. There are some really nice ramps there. I'm wondering what will happen to the park if that happens. Roll

"I believe that criticizing and questioning our government and it's leaders is just as Patriot as driving a Ford pickup truck with an American flag strapped to the back while eating apple pie." Tizod

surfeditor
Noreast.com Club Member

Noreast Writer

Moderator

Joined: 08/02/2000
Posts: 473

posted 06/15/2008 07:50 PM

The attendant told me if he saw someone with a fishing rod, he would tell them not to bring it down the beach. The sign says "No Fishing" but does not say anything about fishing equipment. Someone who pays taxes in that town could probably call Town Hall for clarification. The attendant is just a kid with a summer job. It would also be interesting to know how much the fine is.

A Season on the Edge
FishersLog

mikeyreef

Joined: 07/31/2005
Posts: 821
Location: yonkers,n.y.

posted 06/15/2008 09:26 PM

its a simple case of us and them.
see you can work on thier houses, deliver thier goods, perform all sorts of services but make sure you dont hang around thier fiefdoms
i would like to know if any of these municipalities recieve state or federal funds
maybe we should write our elected officials and find out why are tax money is going to places we have no recreational access to
north shore accesss is getting less and less every year
i have gotten tickets for the horrific crime of fishing
i know this is a rant but these wealthy people suck big time
thier selfishness is incredible
mikeyreef

LIBBA #1989
MSA #0127
HRFA

rac37

Joined: 07/05/2004
Posts: 1058

posted 06/15/2008 09:33 PM

i'll call

i don't fish the nothside anymore but i'll call the town and let you guys know what they have to say.heres the number if anyone else wants to call town of brookhaven

does anyone know the name of the park??

This post edited by rac37 09:39 PM 06/15/2008

billg

Joined: 03/13/2001
Posts: 214

posted 06/15/2008 11:33 PM

Shoreham Beach.

blasko

Joined: 11/25/2001
Posts: 460

posted 06/16/2008 07:46 AM

Mailing Address and a form letter should be established and passed around. The more people involved the better.

rpsurf5
Noreast.com Club Member

Joined: 07/12/2001
Posts: 1876
Location: Port Washington

posted 06/16/2008 09:45 AM

I grew up in the late 70's/early 80's fishing the beaches of Rocky Point. Back then people were allowed to drive the beach and parking was allowed on the streets that led to the beach. Being allowed to drive the beach is long gone and I hear parking is a problem now also.

Now they are banning fishing completely !!! This is outrageous.

If we let them do this without a fight , they will do it.

Are there any fishing clubs in this area who can organize a plan to tackle this ? Or for that matter any other groups from Long Island who can spearhead this ?

Delegate of the New York Coalition for Recreational Fishing

Member Montauk Surfcasters Association, LIBBA

fishon2407
Noreast.com Club Member

Joined: 06/04/2004
Posts: 926
Location: Oceanside,N.Y. The land of fun and games.

posted 06/16/2008 10:02 AM

Scott1280 wrote:
I was told Saturday that Nassau County is Looking to Sell their Bay Park facility. There are some really nice ramps there. I'm wondering what will happen to the park if that happens.

Just wondering where you heard this?I don't see why they would sell that park.It's the only park in the area that has alot of room to fish and crab.Spent many a days as a kid fishing that place.

Remember how the fate of failure makes it all clear!

snapperman

Joined: 07/19/2006
Posts: 731
Location: Stony Brook/Port Jefferson

posted 06/16/2008 03:14 PM

isnt there a brookhaven surf fishing club? maybe someone should contact them.

hdcycles

Joined: 08/22/2001
Posts: 879

posted 06/16/2008 03:32 PM

Take the sign, problem solved.

rac37

Joined: 07/05/2004
Posts: 1058

posted 06/16/2008 04:31 PM

bad news

i called the town today the woman i spoke to said that shoreham beach is a designated swim area/beach no fishingi asked about accessing the beach and fishing away from the swim area was told nosorry for the bad news if you guys get something togather count me in.i should piont out that the two woman i spoke to where very helpful and did offer the three fishing accesses[ceder,west meadow,stonybrook beaches] so lets not take it out on them.its political Really