Federal Judge Denies Dismissal of New York Fishermen's Claims Against Regulators - Stripers247.com Forums
 
Striped Bass Fishing Site Map | Contact Us | Fishing Log Software | Fishing Online | Advertise
to UPLOAD: please register or login

Go Back   Stripers247.com Forums > Striper Information & Services > Striped Bass Fishery Conservation / Politics / Management / News
Forgot Password? Register Now!!

Striped Bass Fishery Conservation / Politics / Management / News Public Access / Politics/ Permits / Conservation Management / News


Reply
 
Thread Tools
  #1  
Old 04-04-2009, 10:13 AM
Striperjim's Avatar
Striperjim Striperjim is offline
Registered User
 
Join Date: Mar 2004
Location: Planet Earth
Posts: 4,316
Default Federal Judge Denies Dismissal of New York Fishermen's Claims Against Regulators

Federal Judge Denies Dismissal of New York Fishermen’s Claims Against Regulators



Federal Judge Denies Dismissal of New York Fishermen's Claims Against Regulators Holds ASMFC Accountable As a "Quasi-Federal" Agency - Capt. Steve Byrne


Brooklyn, New York - In a precedent-setting decision issued Monday, Senior Federal District Judge Charles P. Sifton has allowed a coalition of three recreational fishing groups to go forward with their claims against the Atlantic States Marine Fisheries Commission (ASMFC).

The coalition consists of the United Boatmen of New York (UBNY), the New York Fishing Tackle Trade Association (NYFTTA) and the Fishermen's Conservation Association (FCA). They filed their federal action last July, challenging the "state-by-state" management system currently in place for the recreational summer flounder (or "fluke") fishery, and asserting that regulatory agencies failed to use the "best scientific information available" in determining state-by-state allocations. These violations by the agencies led to inequitable distribution of the fluke resource among anglers of different states, and are also a factor in failing to properly conserve the fluke stocks as mandated by federal law.

The suit was originally filed by New York State officials in June of 2008. The recreational coalition intervened in the suit in order to join ASMFC as a defendant, due to concerns that the challenged regulations (technically referred to as "conservation equivalency"), could still be implemented in state waters even if New York State ultimately prevailed in its initiating action against National Marine Fisheries Service (NMFS). "The fluke fishery is jointly managed by NMFS and ASMFC. The NMFS' jurisdiction over the fluke fishery only covers federal waters from 3 miles to 200 miles offshore, while ASMFC's jurisdiction covers state waters from the beach to 3 miles offshore, where ninety percent of the recreational fishery takes place," explained the coalition's attorney, Philip Curcio of Melville, N.Y. "A win against NMFS alone would be a hollow victory because ASMFC would still be free to implement state-by-state regulations in state waters unless they are included as co-defendants."

Capt Frank Crescitelli, Chairman of FCA stated, "We hope that this suit will result in more equitable and effective measures for conserving and rebuilding the fluke resource, for the benefit of today's fishermen and for future generations of anglers."

Capt. Dennis Kanyuk, President of UBNY, stated, "We're extremely pleased with the judge's ruling on this motion. As far as we are aware, this is the first time ASMFC will be held directly accountable in federal court for the damaging regulations it has consistently imposed with impunity on the anglers and fishing businesses of New York State."

John Mantione, spokesman for NYFTTA, added, "New York fishing businesses have been slowly choking to death over the last several years because of these state-by-state quotas, and we are thrilled that we will finally have an opportunity to try our grievances against ASMFC in a federal court."

The Fishermen's Conservation Association (FCA) is a 501(c) 3 not-for-profit organization whose mission is to promote the "Conservation Triad": Access, Habitat, and Fisheries Management. Financial support of FCA will directly benefit the marine waters of New York, New Jersey and Connecticut.
Reply With Quote
Sponsored Links
Advertisement
 
  #2  
Old 07-06-2009, 10:47 AM
legal Forum legal Forum is offline
 
Join Date: Jul 2009
Posts: 1
Default Re: Federal Judge Denies Dismissal of New York Fishermen's Claims Against Regulators

The coalition consists of the United Boatmen of New York (UBNY), the New York Fishing Tackle Trade Association (NYFTTA) and the Fishermen’s Conservation Association (FCA). They filed their federal action last July, challenging the “state-by-state” management system currently in place for the recreational summer flounder (or “fluke”) fishery, and asserting that regulatory agencies failed to use the “best scientific information available” in determining state-by-state allocations. These violations by the agencies led to inequitable distribution of the fluke resource among anglers of different states, and are also a factor in failing to properly conserve the fluke stocks as mandated by federal law.
The suit was originally filed by New York State officials in June of 2008. The recreational coalition intervened in the suit in order to join ASMFC as a defendant, due to concerns that the challenged regulations (technically referred to as “conservation equivalency”), could still be implemented in state waters even if New York State ultimately prevailed in its initiating action against National Marine Fisheries Service (NMFS).
Reply With Quote
  #3  
Old 07-08-2009, 01:13 PM
oldgoat oldgoat is offline
Veteran Striper Chaser
 
Join Date: Apr 2006
Posts: 222
Default Re: Federal Judge Denies Dismissal of New York Fishermen's Claims Against Regulators

AS I UNDERSTAND IT. Congratulations with your lawsuit against the authorities for giving away the fluke fishery to the commercial fishermen without regard for the recreational fishermen or the fishery as a hole
Reply With Quote
Reply

Bookmarks

Tags
claims, denies, dismissal, federal, fishermen, judge, regulators, york

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Delaware river - Regulators plan to halve the number of Shad anglers can keep Striperjim Striped Bass Fishery Conservation / Politics / Management / News 0 03-17-2009 12:44 AM
Rahway fall fishermen's flea market anyone going? pete3370 Seminars / Expos / Tourneys 5 11-08-2005 06:01 PM
NC commercial fishermen get federal prison sentence TonyDB The Gallows - Poachers Hall of Shame 1 09-14-2005 09:32 PM


All times are GMT -4. The time now is 06:46 AM.


Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
Copyright © 2004 - 2013 Stripers247.com LLC
Affiliated Sites:   Noreast.com   Allcoast.com    2coolfishing.com