Sun photo by Peter Blasl Stan Hetterich (left), owner of Stan's Bait and Tackle in Rocky Point, with fisherman Matt Hentschel. The pair is not happy about new signs prohibiting fishing at Shoreham Beach. SHOREHAM--Most anglers are gone fishin' this season, though not at Shoreham Beach.
1. If you could get Matt Hentschel to lead a group of us, at least 50 or 100, with news cameras, I think it would be political suicide for them to arrest us. Even if they did, how could they ever defend against this in court?
"Down at Cedar Beach they are elbow to elbow," he said.
Mr. Hentschel believes the "No fishing" signs violate the Public Trust Doctrine, which allows residents beach access below the mean high water mark.
"I almost died in Vietnam," Mr. Hentschel said. "
I'll be damned if someone got on that beach and told me I couldn't walk on that beach or fish on that beach."
2. Maybe Willie Young could be there, too? This guy has to have some juice, and he's right, they can't legislate what we can do below the mean high water mark. There's no way they could ever win in court.
Willie Young, president of the New York Coalition of Recreational Anglers, a lobbying group of about 9,000, said the organization will request a meeting on beach access with town officials in light of this recent issue.
"There's been access issues before on the North Shore," Mr. Young said of a 15-mile stretch of private beaches. "The civic associations try to keep the residents out,
but this is a town beach and we have the right to fish there."
Deputy Supervisor Jim LaCarrubba, however, disagreed that officials are trying to restrict the fishermen's beach access, because it is written into the
town code that fishing is prohibited at all beaches and parks throughout the bathing season. He also noted that night fishing is prohibited at Shoreham Beach as well.
"We are looking to protect the interests of all the residents. We have been dealing with a lot of issues with the Shoreham Beach property," he added.
3. What does a woman struck by lightning and a "swimmer" drowning near a jetty, or dirty diapers, have to do with fishermen? When was the last time any of you took your baby fishing with you??
In 2006, a Coram woman who stayed after hours died after being struck by lightning, and a Patchogue man drowned near the jetty. In August 2007, town officials announced more than 100 arrests for incidents ranging from trespassing to illegal ATV use and over-fishing at the beach.
4. I don't see how they would arrest 50 or 100 fishermen who came up with news cameras. It's like a chess game. Arresting us would be the first gambit in a game that they would end up in checkmate, because their laws could then be challenged in court, as being superceded by the public trust doctrine. this would be a bad position to put themselves in, because if they lost, other towns would face the same issues, threat of lawsuits that they could not win.
Eventually, they would have to make an agreement with the fishermen, allowing us to claim our already existing access below the mean high water line.
Under the town code, Brookhaven public information officer Kevin Molloy explained,
fishermen could be issued field appearance tickets for fishing both during beach hours and after dusk, because of the prohibition on night fishing. If issued a ticket, fishermen would then be required either to appear in court or pay a fee, he said.
Either fishing offense is punishable by a fine of up to $250 or 10 days in jail, according to Mr. Molloy. Also, fishermen caught after dusk at Shoreham Beach could be issued
parking violations, which run about $50, he said. Mr. Molloy also noted the town does not have jurisdiction outside Shoreham Beach. The private property surrounding the beach falls under the jurisdiction of the Suffolk County Police Department, he said.
Despite the town's stance, Mr. LaCarrubba said the supervisor's office would not likely turn the fishermen away if they wanted to meet and discuss the beach access issue.
John Skinner, a Wading River resident and an editor for Nor'east Saltwater Fishing magazine, noted that while most fishermen are solitary individuals who have no desire to fish while bathers are present,
they should at least be able to walk below the mean high water mark from Wading River to Orient Point, despite private property owners' gripes. The town's recent fishing ban could set a beach access restriction precedent elsewhere, he said.
5. This is one example why there will be problems for years to come. This woman has no concept or understanding of the Public Trust Doctrine, so to her we will always be tresspasers, unless we can prove in court that we are not.
Kathy Anderson, a resident of Shoridge Hills, one of the private beaches affected by public safety issues on Shoreham Beach, said residents feel much safer with the new security measures.
"I understand [Councilwoman Bonner] is catching some heat from the fishermen, which I understand how they feel," Ms. Anderson said, "but this is a private beach.
We weren't able to enjoy our private beach."
Originally Posted by stormchaser
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