Case of fisherman bound for North Carolina caught in José’s rough seas highlights inadequacies in interstate fishing regulations
September 29, 2017 — Less than a month after a bill granting vessels safe harbor in New York was signed by Governor Andrew Cuomo, a fishing vessel bound for North Carolina carrying 6,000 pounds of fluke has tested the new policy, straining New York’s federally designated fluke quotas.
The F/V Rianda S., which has long been a part of the Montauk fleet, was in transit to land its fish in North Carolina, where it has fishing licenses, on Sept. 17 after fishing in federal waters when it encountered the rough seas generated by Hurricane José and requested safe harbor in Montauk.
New York’s fluke fishery is closed for the month of September, due to banner fluke landings this summer that strained the state’s already low federally mandated quotas.
The law granting safe harbor, sponsored by South Fork State Assemblyman Fred Thiele and East End State Senator Kenneth LaValle, allowed vessels fishing with licenses from other states immunity from prosecution for violations of state fishing regulations if they seek safe harbor under certain emergency situations, including weather, mechanical breakdown, medical emergencies and loss of essential gear that renders vessels unable to remain at sea.
The New York State Department of Environmental Conservation (DEC) guidelines for safe harbor were drawn with input from commercial fishermen after an incident in January 2015, when the arrival of bad weather forced a commercial fisherman with New Jersey fishing permits to land his fish in Hampton Bays instead of continuing on to New Jersey.