Brookhaven bans fishing at Shoreham Beach!

[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.

[voyager35]

rp, excellent letter. I'm mostly fishing in NJ, but will try to call tomorrow and ask her office if they can explain how this does not violate the Public trust doctrine.

[stripercrazy]

Fantastic letter. Well-written and to the point. Sending one out today. Great job keeping the interest up in this, rp, fish, storm, and others. We can't let this one die.

[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.