Brookhaven bans fishing at Shoreham Beach!

[fishlipper]

Another update:

Here's the latest from this guy, rpsurf. He seems like he will not give up, gotta hand it to him! But it's not just one guy's fight! We all need to apply pressure, and respectful letters and e-mails, so they know we mean business! They will only be swayed if they feel we have "weight" or numbers of fishermen behind us, and that they face a possible legal challenge.

Please try to put your own letters together, using this as a model, and let the town know that we are standing up to be counted. Thanks, guys. (and thanks to RP surf for not giving up)


From Ms Bonner:

Thank you for your follow up e-mail. I have taken the liberty of forwarding your e-mail to the Law Department and our Town Attorney for their review. Most of the questions are in legal in nature and I would like to have them follow up with you directly. Once again, thank you for your concern and opinions.

Councilwoman Jane Bonner

Follow up from RpSurf:
Dear Councilwoman Bonner,

Thank you for taking the time out to reply to my email. You are to be commended for your contributions to society and making Brookhaven a better place to live for your constituents.

But your actions on behalf of the few wealthy beachfront property owners only serve a small few and not the public at large. Banning fishing at Shoreham beach is misguided and illegal. This action is having a negative impact on all tax paying residents of Brookhaven from a quality of life standpoint and having a negative impact on the local economy.

I am aware of the letter from Supervisor Foley which states fishing is legal outside the designated bathing area. Why are there "No Fishing " signs posted in multiple places at the beach ? Why are lifeguards telling people there is no fishing ? Why have lifeguards been instructed to call the police if someone on the beach possesses a fishing rod ? Is it illegal in the United States of America to possess a fishing rod ? Does Shoreham have it's own laws that are contrary to the law of the land.

Those beaches belong to everyone, not just the wealthy property owners who would like keep "undesirables" off of "their" beaches. There are miles and miles of beaches there that can be shared by everyone. Fisherman have no desire to fish near the designated swimming area. It is not safe and no fisherman would do this, so banning fishing at a swimming beach just appears to be a smokesreen to keep as many people off the beach and out of the area as possible.

Are there any documented cases of swimmers being injured by fishermen ? I highly doubt this.

I have also heard that Shoreham has a homeless problem, so they banned fishing. I find it impossible to believe that a rich beachfront community has a homeless problem. How does banning fishing help solve this problem ? If banning fishing solves a homeless problem, then I suggest you get on the phone with the mayors of major cities in the United States and let them know you have a
solution to their problem. Mayor Bloomberg , we have a solution to the homeless problem, just ban fishing in NYC !!

Many fisherman are very angered by this short-sighted , self serving , illegal ban on fishing. There are many organized groups who represent fisherman and actions like yours only serve to increase people's resolve. Word of these illegal action has spread very quickly amongst the fishing community and people are taking action. Fisherman and their friends vote and are surely not going to look positively on anyone associated with this ban.

I urge you to do the right thing and restore fishing at Shoreham Beach. Hopefully this can be done without a legal challenge, but I assure you this issuewill not die until the ban is removed.

I personally am spreading the word on this to everyone I know in Brookhaven. As word spreads on this issue amongst the people of Brookhaven, Long Island and beyond, those associated with
banning fishing on this beach are not going to be looked upon kindly. There is no legitimate , moral or legal basis for this ban and anyone aside from the wealthy few who live near the beach will surely see this.

Sincerely Yours,

John>>

[rpsurf5]

New to this site, thanks fishlipper.

Thanks to everyone supporting the Shoreham fight. We all need to stick together, there is strength in numbers. What has been done at Shoreham is reprehensible.

Get involved as much as you can, dont assume someone else is taking care of issues like this. We all need to be involved. Join a club if you are not already in on. Organizations like Montauk Surfcaster Association, LIBBA, Kayak Fishing Association of New York and the New York Coalition of Recreational Fishing are fighting for fishermans rights. The more members they have and funding the better off we will all be.

John

[bababooey]

I took rp surf's letter, changed it up a bit so it doesn't look like spam, and sent my version out to her. Keep up the pressure guys, or it's over. rp, I'm kinda slow to do things sometimes, your letter made it a lot easier to get started. Great letter, hope you win this.

[stormchaser]

rp, I c&p your letter and response from another site. Looks like we might have to push harder on this one. Seems what the town is doing is illegal and violates the public trust doctrine, yet they are sticking to their guns. guys, we need more letters and more participation, please. Keep sending those letters. Maybe we can organize a group of fishermen to go there, at least 50 of us, and challenge the law, call the news reporters ahead of time, and see if they will summons us? What say you, rp?


[Today I received a letter from Edward P. Morris who is the Commissioner of the Department of Parks, Recreation and Sports, and Cultural Resources. ]

Dear Mr. Russell,

This letter is written in response to your inquiry regarding fishing at Shoreham Beach, an issue that has received a great deal of attention during the summer months.

Shoreham Beach is a Town bathing beach and fishing has never been permitted at this facility. In fact, Section 10-11 of the Brookhaven Town Code specifically forbids fishing at Town beaches for obvious safety reasons.

While the shoreline of the beach extends for a significant distance both to the east and west of Shoreham Beach, the land on either side of the Town's beach is private property and the owners have asked the Town to inform our residents that trespassing is not allowed on their beach.

I have taken the liberty of enclosing a list of Town of Brookhaven designated fishing areas on both the North and South Shores, where fisherman can safely cast their lines from the shore or Town fishing piers.

[and rp's thoughts- hope you don't mind I quoted you, rp]

Some of my thoughts on this letter :


1) Using the excuse that this is a bathing beach and there is a safety issue is just a smokescreen to cover up the real issues. The beach is extensive at Shoreham, this is not a safety issue.

2) I guess the commissioner and the residents choose to ignore the Public Trust Doctrine.

3) Supervisor Foley has sent letters to people that state fishing is allowed outside the bathing area, so that letter contradicts this one.

[rpsurf5]

Thanks for support. Right now the plan has been to send letters and emails to as many people as possible to put the pressure on and hopefully someone in a position of power takes positive action. I dont think this part has played out yet, but if this doesnt work we may have to take it to the next level with organized protest, etc.

The local paper has an article coming out on Friday, I am interested to see if the politicians or town is quoted in the story , depending on what happens in this article could decide next steps.

Stay tuned.......

[rpsurf5]

My response :

Commissioner Morris,

I received your letter today in response to my questions and comments on the ban of fishing at Shoreham Beach. Thank you for taking the time to respond to me, I appreciate it. I have some follow-up questions for you, if you could please address these I would appreciate it.

You state that fishing has never been permitted at this beach. People have been fishing here for years, why now is Brookhaven enforcing this town code ?

Why do you say there are obvious safety concerns ? The beach here is extensive and the allowable bathing area is roped in and patrolled by lifeguards. How are fisherman who are fishing outside of the designated bathing areas causing a safety issue ? Have there been any documented incidents in the past of fisherman injuring bathers ?

Supervisor Foley has sent letters to people indicating fishing is allowed outside of the designated bathing area, what you are saying contradicts this. Can you please explain this ?

Numerous sources have said the real reason the beach has been closed to fishing is littering issues, is this the case ? How do you know fisherman have done this ? If so, shouldn't law enforcement ticket these individuals ? Banning fishing completely because of the actions of a few individuals is not the answer. Does the Town of Brookhaven ban driving because some people are speeding or driving drunk ?

Are you and the Town of Brookhaven familiar with the Public Trust Doctrine ? People are allowed to fish and be on the beach up to the mean high tide mark, so the beach the residents think is "theirs" is not "theirs". Access must be provided to these beaches. The town has stated that anyone who even comes onto the beach with a fishing rod will have Public Safety called on them. First of all possessing a fishing rod is not illegal and second , the Public Trust Doctrine allows for access to the beach. The Town of Brookhaven is violating the Public Trust Doctrine.

Instead of throwing the baby out with the bath water and banning fishing, I suggest the Town attack the real problem here. Tax paying residents are being deprived of the resources they pay for and this ban is having a negative impact on the local economy. If littering is an issue , utilize the enforcement and cleaning services that tax payers are paying for. I would also suggest working with fishing organizations to do beach clean-ups if needed. Many organizations sponsor beach clean-up outings and fisherman work to clean up the beaches. Real fisherman are not the problem here, in fact most real fisherman do not leave litter and are excellent stewards of the beach and sea.

Regards,

John

[fishinmission78]

My response :

Commissioner Morris,

I received your letter today in response to my questions and comments on the ban of fishing at Shoreham Beach. Thank you for taking the time to respond to me, I appreciate it. I have some follow-up questions for you, if you could please address these I would appreciate it.

You state that fishing has never been permitted at this beach. People have been fishing here for years, why now is Brookhaven enforcing this town code ?

Why do you say there are obvious safety concerns ? The beach here is extensive and the allowable bathing area is roped in and patrolled by lifeguards. How are fisherman who are fishing outside of the designated bathing areas causing a safety issue ? Have there been any documented incidents in the past of fisherman injuring bathers ?

Supervisor Foley has sent letters to people indicating fishing is allowed outside of the designated bathing area, what you are saying contradicts this. Can you please explain this ?

Numerous sources have said the real reason the beach has been closed to fishing is littering issues, is this the case ? How do you know fisherman have done this ? If so, shouldn't law enforcement ticket these individuals ? Banning fishing completely because of the actions of a few individuals is not the answer. Does the Town of Brookhaven ban driving because some people are speeding or driving drunk ?

Are you and the Town of Brookhaven familiar with the Public Trust Doctrine ? People are allowed to fish and be on the beach up to the mean high tide mark, so the beach the residents think is "theirs" is not "theirs". Access must be provided to these beaches. The town has stated that anyone who even comes onto the beach with a fishing rod will have Public Safety called on them. First of all possessing a fishing rod is not illegal and second , the Public Trust Doctrine allows for access to the beach. The Town of Brookhaven is violating the Public Trust Doctrine.

Instead of throwing the baby out with the bath water and banning fishing, I suggest the Town attack the real problem here. Tax paying residents are being deprived of the resources they pay for and this ban is having a negative impact on the local economy. If littering is an issue , utilize the enforcement and cleaning services that tax payers are paying for. I would also suggest working with fishing organizations to do beach clean-ups if needed. Many organizations sponsor beach clean-up outings and fisherman work to clean up the beaches. Real fisherman are not the problem here, in fact most real fisherman do not leave litter and are excellent stewards of the beach and sea.

Regards,

John

Excellent letter! will try to send one like it today, looks like they have their heads in the sand on this one. good luck with your fight.

[DarkSkies]

Brookhaven re-visited 2013
I thought in light of the access issues at Drag Island in NJ, some folks might like to read about a beach and fishing access case in LI, that is now seen as a landmark watershed case involving beach access and the rights of all to fish and enjoy our natural resources unmolested by adjacent property owners or government bureaucrats.

[Tom Farrell]

Brookhaven re-visited 2013
I thought in light of the access issues at Drag Island in NJ, some folks might like to read about a beach and fishing access case in LI, that is now seen as a landmark watershed case involving beach access and the rights of all to fish and enjoy our natural resources unmolested by adjacent property owners or government bureaucrats.

The more information the better.

[DarkSkies]

Just bringing this to the top for anyone who wants to look at a case study of one of the most important beach fishing access cases of this decade.
A key here was cooperation, and compromise.
Anger and harsh words did not get things done.
A. Compromise,
B. fishermen support/pressure over a sustained period of time
C. and adult dialogue

kept it moving, and ultimately allowed a solution to be crafted.
Thanks to all who did their part.
I was glad to have a small part in this.

For the folks who ignore any current cases, because they are not in your area, remember that once a precedent is set,, it's very difficult to overturn (Except in the most recent NJ cases where some authority may cede back to the DEP).

Food for thought-
If you don't help fight for neighboring access today, your children may not have that access tomorrow.