Industry has work with the NYS Department of Environmental Conservation (DEC), on the issue that the Marine Recreational Fishing Statistic Survey  (MRFSS) is inaccurate and inefficient for allocation of our summer flounder “fluke.” Using MRFSS for a State by State allocation is now being challenged by a single coast-wide allocation. “Over 4 years of work came to fruition today with this lawsuit” said Captain Dennis Kanyuk.

This could not of been done without the efforts and understanding of Governor David A. Paterson, Senator Chuck Schumer, Assemblyman Bob Sweeney, Assemblywomen Ginny Fields and NYS DEC Commissioner Peter Grannis.

Tony DiLernia
Fisheries Consultant
(718) 368-4558
(917) 691-6489

Dennis Kanyuk
President UBNY
(516) 481-2841

John Mantione
Spokesman for NYFTTA
(631) 255-1588

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CUOMO SUES FEDERAL GOVERNMENT TO OVERTURN ILLEGAL MARINE FISHING
REGULATIONS THAT THREATEN LONG ISLAND’S RECREATIONAL FISHING INDUSTRY

Federal Regulations Based on Unsound and Outdated Science, Severely
Limit Long Island Anglers While Benefiting Fishing Industries in
Neighboring States

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
sportfish.

“The federal government, through its use of outdated and unfair data,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.