Cuomo Sues Federal Government
Jun 25th, 2008 by Paul Birman
NEW YORK, NY (June 23, 2008) - Attorney General Andrew M. Cuomo today
announced a lawsuit against the federal Department of Commerce for
violating federal law with its new limits on recreational catches of
summer flounder along the east coast. The suit charges that their
regulations will harm New York’s anglers and the recreational fishing
industry, without benefiting the long-term health of these popular
sport fish.
“The federal government, through its use of outdated and unfair data,
has created a perfect storm for fishermen and recreational boaters
across Long Island,” said Attorney General Cuomo. “Long Island
fishermen should not be at a disadvantage to anglers who come from a New
Jersey port. These arbitrary limits on fluke fishing are hurting our
recreational fishing industry, yet are not properly protecting our
fisheries. My office is working to ensure that New Yorkers are no
longer subject to these illegal regulations.”
Each year, the Department of Commerce, through the National Marine
Fisheries Service (NMFS), sets limits on size, daily catch, and fishing
season length for recreational catches of summer flounder - commonly
referred to as “fluke” - for the coastal waters stretching from
North Carolina to Massachusetts. The NMFS then chooses either to adopt
one “coast wide” set of regulations for the entire coast or
different regulations on a state-by-state basis. If the NMFS chooses a
state-by-state approach, federal law requires that all states are
treated fairly and that the regulations are based on the best available
scientific data.
In May 2008, the NMFS adopted state-by-state limits for regulating
summer flounder catches for the current season. In violation of the
laws governing state-by-state regulations, the new regulations subject
New York anglers to the strictest catch limits of any other state,
including neighboring states. For example, New Yorkers can keep four
fewer fish per day than New Jersey anglers. New Yorkers are also only
allowed to keep fluke over 20.5 inches — two and a half inches longer
than those that can be kept by New Jersey anglers — barring New Yorkers
from keeping most of the fish they catch. Furthermore, the NMFS based
the new regulations on a one-year survey conducted almost 10 years ago;
experts have severely criticized this survey as being scientifically
invalid. Finally, there is no evidence that the state-by-state
regulations adopted by the NMFS, properly conserves the population of
fluke, which is the ultimate goal of these regulations.
The suit filed today seeks to invalidate the new federal regulations
and to direct the NMFS to adopt the alternative “coast wide”
approach for managing recreational east coast catches of summer
flounder. The lawsuit was filed in the United State District Court for
the Eastern District of New York.
The suit is being handled by Assistant Attorney General Andrew Gershon
under the supervision of Special Deputy Attorney General for
Environmental Protection Katherine Kennedy.
It’s about time someone stepped in and took this sort of action. The data used for the fluke laws is outdated, and the federal law that it references is an all or nothing law, with no room for new data or compromise.
Now what we need is for Suffolk County, or our towns to take the same sort of action for our creek dredging. The financial impacts of having our creeks closed is enormous, and the data that most of the agencies are using is also outdated. This should be a wake up call to our politicians that this sort of thing can be done, and used effectively.
“Right On!”
The next questions to be addressed appear to be:
A. What “politicians” do we wake up?
B. How do we wake them [and the public] up?
C. How best to “keep them awake” long enough to get change accomplished?
As I understand it from attending several meetings, it is the politicians at the Federal level that need to amend the Magnuson-Stevens Act. Then it will require politiicans at the State level to work with the NYDOS to amend the Coastal Zone Management Act.
The problem lies with politicians. It’s not that they’re bad people, but they’re politicians. The process is broken, and that’s what all of them don’t understand. Politicians, and civil servants can’t work together - it’s a proven thing. What this lawsuit does is give some of them a kick in the pants, and puts mud on their face in the papers. This is needed. We’ve seen how everyone works together on our creek dredging problem - it’s been years, and the process is just getting worse. Government is never the answer, it’s the problem………….