March 01, 2004

By: James Sparks
Website: http://www.1st-in-steaks.com

Attorney General, DEP Commissioner fight to preserve CT Lobstermen's rights

The state has sued the New York Commissioner of Environmental Conservation to stop enforcement of emergency regulations that prevent Connecticut lobstermen from taking lobsters in the waters around Fishers Island.

The new regulations limit the number of lobster pots a lobsterman can set in the waters around Fishers Island to 300. The regulation further prohibits anyone who takes lobsters around Fishers Island from taking lobsters from any other waters, including Connecticut waters. The suit, seeking an immediate court order against the regulations, was filed by Connecticut Attorney General Richard Blumenthal in in cooperation with Department of Environmental Protection Commissioner Arthur J. Rocque, Jr.

Under the National Marine Fisheries Act, DEP issues "tags" to fishermen. Under that Act, Connecticut permits fishermen to set a certain number of lobster pots in any waters. Many Connecticut lobstermen receive up to 2,000 tags, each of which permits the use of one pot. The New York regulation, as applied to these lobstermen, would prevent them from setting 1,700 pots from their allocation if they choose to fish around Fishers Island. This regulation, which attempts to limit the number of pots Connecticut lobstermen may set in Connecticut waters if they also take lobsters in New York waters around Fishers Island, violates the Commerce Clause of the U.S. Constitution, the lawsuit states.

"New York State officials, defying the federal courts, essentially seek to recreate regulations already struck down as unconstitutional. These dictatorial edicts are unconstitutional, unwise, and unworkable. There is simply no sense in carving up the Sound with artificial boundaries to recreate separate lobstering fiefdoms," Blumenthal said. "New York didn't make these lobsters, and it can't claim sole ownership of them. Quite simply, these lobsters don't know if they're in a Connecticut pot or a New York pot when they are caught or cooked."

Connecticut has aggressively pursued the restoration of water quality and protection of natural resources in Long Island Sound, including the waters surrounding Fishers Island. This effort was undertaken to improve the overall health of the Sound so that all who use it, whether for enjoyment or their livelihood, benefit from its improvement," Rocque said. "Any measure that creates inequities in access to and allocation of our natural resources is an infringement on our fishers and their right to use the waters off of Fishers Island."

Blumenthal filed suit previously against New York, in April 1998, after New York officials sent letters to Connecticut licensed lobstermen informing them that they would be violating state law if they placed commercial lobster pots in New York waters restricted to New York residents. After Blumenthal challenged the regulations, U.S. District Judge Fredrick Scullin, Jr. ruled that the lobstering restrictions were unconstitutional.

Also see: Lobster Tails

Author Notes:

James Sparks contributes and publishes news editorial to http://www.1st-in-steaks.com.  Great tips on buying top quality meats, steaks and seafood from the finest ranchers and butchers.