Brookhaven bans fishing at Shoreham Beach!

[BassBuddah]

Shoreham Beach fishermen jarred by 'No Fishing' signs



07/09/08) SHOREHAM - Shoreham fishermen say the town of Brookhaven’s sudden enforcement of a no-fishing policy is bad for business, but the town says the rule is nothing new.

The fishermen say “No Fishing” signs have suddenly popped up along Shoreham Beach, which is threatening their livelihoods and local businesses.

Stanley Hentschel, owner of Rocky Point Fishing Stop, has been in business for more than 30 years. He says this year, business is already slow and that the fishing ban isn’t helping.

The town says Shoreham Beach has always had a no-fishing policy because it's a bathing beach. However, fishermen say people have been fishing there for years and only recently has the ban been enforced.

Fishermen say they want a designated fishing area as a compromise. Brookhaven Parks and Recreation Commissioner Edward Morris says that won’t happen if it will jeopardize the safety of the people using the beach and bathing in the waters.

[stormchaser]

C/mon guys we have to get organized or it will happen everywhere. There won't be anyplace left to fish without sneaking in! From another site, hope this is ok:


I went to Shoreham Beach today , News12 was covering the story of Brookhaven banning fishing at this beach. The reporter said this story would be on today , earliest would be 5pm and run throughout the night and I would guess maybe tomorrow also.

There were 7 or 8 people there, including :

Stan Hentschel from Rocky Point Fishing Stop who has been fighting access issues on the North Shore since the 70's. Stan's email to News 12 initiated coverage of this story. I have known Stan since I was a kid, he gave me my first job working at his store. 27 years later it has come full cirlce and I am glad I was able to go out there and support him.

Willie Young was there also. I called Willie last night to let him know about this event, Willie drove 50 miles each way on the spur of the moment to be there. I thank Willie immensely for all he has done for Long Island fisherman, this guy deserves alot of credit.

Fred Golafaro from The Fisherman was there also.

A local fisherman who works at Rocky Point Fishing Stop was there as well as some other local fisherman.

We spent about 30 minutes giving the reporter some background on the issue and she interviewed Fred, Stan , Willie and the local fisherman on camera.

One guy brought his rod which is supposedly against the rules, a lifeguard made a half hearted attempt to stop him by yelling out 'no fishing allowed', but nothing happened after that.

Lets see how the piece comes out , but mission accomplished, we are fighting back and raising awareness. If they can shut down this beach they can try to do it to any beach. North Shore out there is terrible for access, there is no legal fishing or legal access for about 15 miles from Shoreham to Mt Sinai , this is totally unacceptable and probably illegal.

[stormchaser]

Jane Bonner is in charge of this, there was a public meeting in which she "happily" reported that fishing access would be closed. We have to make our vioces heard on this guys, beginning of all the access dominos falling down. Complacency will get us nowhere. Here's a c&p of the issues she cited, and her phone #. Call that # as much as you can, be respectful, and voice your opinion as a tax-paying fisherman who votes!

According to her, Miss Jane Bonner shut the place down to fishing due to the following:

1. homeless people living in the woods leaving dirty diapers and other filth
2. homeless people living in derelict boats in the woods
3. Shoreham was never on the night access list
4. she has recieved numerous calls from locals praising the action now that they can enjoy the beach again
5. illegal activity that the police cannot totally control
6. she is just enforcing existing regulations, not restricting anyone

If you want to hear it first-hand, call her @ 631.451.8894

[surferman]

Seems to me that if homeless people, dirty diapers and illegal activity are there then it should be closed to the beach bathers and opened to the fisherman.

[clamchucker]

I don''t usually fish NY, but I'll call her today to support you guys. Access lost in one area is a collective loss for all fishermen.

[nitestrikes]

Agreed, I'll put my two cents in.

[dogfish]

BB, I don't fish in NY, but I'll make a call in support. good luck.

[BassBuddah]

Here's the link to the News12 site. Click on the video link to see the video and the interview with the town idiot who thinks fishermen are endangering tha safety of bathers.

http://www.news12.com/LI/topstories/article?id=214199#

[pinhead44]

I called, she was "unavailable". I'll keep calling. We have to keep up the pressure on this, people.

[rockhopper]

Alright guys, I can at least make a phone call, will call that # tomorrow.

[fishlipper]

Update - here is a letter sent from a guy, rpsurf, on another site. It's a great letter. Other people can send variations of that if they are looking for something to use as a template. I think it would be good if you changed it up a little so it doesn't get ignored as a form letter:

Subject: Questions about Shoreham Beach fishing access
Message: Ms Bonner,

The other day my dad and I went to Shoreham Beach to fish this spot for the first time this year. Needless to say we were perplexed and shocked when the attendant told us fishing is prohibited from the beach.
Typically we would walk down to the jetty by the creek and fish there, often times doing very well and enjoying beach access my taxes pay for.
Needless to say I am quite bothered that it seems I can't even walk this beach with fishing equipment to get to my fishing spot which is almost one mile away from any bathers. Can you clarify exactly what is the bathing area? I don't have an issue respecting the space of swimmers, and quite frankly I 'm not sure why anyone would fish in a bathing area, as long as the designated bathing section doesn't encompass 10 miles of the beach.

Additionally I would think if the entire beach is designated a bathing area I would assume there would be more then 1 lifeguard to cover that much of the beach. The other interesting fact is the beach on the other side of the jetty in Wading River doesn't have such a restriction. I'm very interested in your views concerning this public access matter and where you stand.

Thank you for your time.

Regards,


Here's the response he got. To me, is looks like she is just "passing the buck". Please keep up the pressure with letters and phone calls, guys. Remind them that they accept federal dollars for beach replenishment every time there is a severe storm or hurricane aftereffects. UNLESS they are accepting ZERO dollars from the federal gov't, they have an obligation to allow access to ALL people, re the Public Trust Doctrine.


Thank you for your recent letter regarding fishing at Brookhaven’s Shoreham Beach.

Since being elected to the Brookhaven Town Board, I have worked to improve the quality of life for residents in our area, provide the important services and preserve the character of our communities, at an affordable price for our taxpayer.

As you may know, the issue you wrote about has been an ongoing question regarding beach users and the Town, which resulted in increased code enforcement action by Supervisor Foley last year.

To address your specific questions regarding fishing or other recreational use of our town facilities I am forwarding your letter to our Parks Commissioner, Ed Morris.

Thank you for contacting me on this important issue. I will ask Commissioner Morris to keep me apprised of this situation on your behalf.

Sincerely yours,

Councilwoman Jane Bonner

[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.

[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.