A fish story
November 10, 2009 05:48 AM Filed in: Local
Government
Today's Wall Street Journal has an interesting
article about a dispute on Long Island concerning the
right to fish without a license (click here).
"Six Long Island towns, including Southampton, Shelter Island and East Hampton, have joined in a lawsuit against the state's Department of Environmental Conservation, charging that it has no authority to require fishing licenses without their consent. At least three other towns may join."
"The fracas began on Oct. 1, when New York, in response to new federal policies, required for the first time that recreational anglers have a license to fish in saltwater. The state has required a commercial license since 1984."
What's most interesting to me about the case is that the lawsuit is based upon a 313-year old document, the Dongan Patent.
"In 1686, the British governor of the royal colony of New York, Thomas Dongan, granted the patent, a kind of town charter, putting responsibility for public land and waterways in several East End towns in the hands of locally elected trustees. The New York state constitution preserved that contract in 1777, amid the War for Independence from Britain. That means, according to the current trustees, the state has no authority to impose regulation on town property, which includes the bottom of town inlets and bays."
"Six Long Island towns, including Southampton, Shelter Island and East Hampton, have joined in a lawsuit against the state's Department of Environmental Conservation, charging that it has no authority to require fishing licenses without their consent. At least three other towns may join."
"The fracas began on Oct. 1, when New York, in response to new federal policies, required for the first time that recreational anglers have a license to fish in saltwater. The state has required a commercial license since 1984."
What's most interesting to me about the case is that the lawsuit is based upon a 313-year old document, the Dongan Patent.
"In 1686, the British governor of the royal colony of New York, Thomas Dongan, granted the patent, a kind of town charter, putting responsibility for public land and waterways in several East End towns in the hands of locally elected trustees. The New York state constitution preserved that contract in 1777, amid the War for Independence from Britain. That means, according to the current trustees, the state has no authority to impose regulation on town property, which includes the bottom of town inlets and bays."
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