Assemblyman Murray, Councilman Panico Hail Decision Barring Saltwater Fishing License in Brookhaven

Murray Will continue Fight for Repeal of Unfair Tax in Legislature


BROOKHAVEN, NY - Assemblyman Dean Murray and Brookhaven Councilman Dan Panico today applauded a state court ruling that New York State cannot require residents of Brookhaven to obtain a saltwater fishing license if they are fishing within local waters. Murray vowed to continue fighting to have the saltwater fishing license requirement repealed.

State Supreme Court Justice Patrick A. Sweeney issued a decision on December 15, which upheld the rights given to towns under the Dongan Patent. That document, issued to the Town of Brookhaven in 1636, expressly gives control of fishing in local waters to the town, thus exempting it from the state license requirements. The towns of Southampton, East Hampton, Shelter Island, Southold, Oyster Bay and Huntington were also party to the lawsuit, which was filed in October of 2009. An injunction has been in place since then, preventing the NY State Department of Environmental Conservation from enforcing the license requirement.
“This ruling is a victory for the residents and families of the Third Assembly District. Fishing in our bays and ocean waters has been a way of life in our communities since colonial times, and this fishing license was nothing more than an attempted money grab that would take this long held right away from our families,” said Assemblyman Murray. “Recreational fishing is a vital part of our local economy. While this decision is a good first step, I will continue to fight for the repeal of this tax once and for all, to keep this money in the pockets of our residents and protect the businesses reliant on local fishing.”

“I applaud this decision as a victory for the residents of this town,” said Councilman Panico. “I also want to recognize my friend, the late Councilman Keith Romaine, who spearheaded the effort to have Brookhaven join in this lawsuit.”
In his decision, Justice Sweeney wrote that, “while the state has the right to regulate fishing, this statute has nothing to do with the regulation of fishing, per se, or anything which would be paramount to deprive the rights of the towns to control fishing within their jurisdiction.”