NYS File Lawsuit Over Commercial Fluke Quota

george

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New York State has filed suit against the Trump administration to officially contest the state's "unfair" share of the federal quota for fluke, state Attorney General Letitia James and Gov. Andrew M. Cuomo announced Monday.

The suit follows the release of December 2018 allocations for fluke that the state said remained disproportionately small and based on "inaccurate and outdated" fishing data, James said in a statement.

Cuomo had first said the state would sue in 2013, but as recently as last year refrained from doing so as it attempted other remedies, including a petition filed with the federal government. "The message is loud and clear: we will fight this unfair quota until New York's access to summer flounder is consistent with national standards," Cuomo said in a statement.

Hundreds of Long Island commercial fluke fishermen have for decades decried New York’s share of the commercial fluke quota, which stands at just 7.6 percent, compared with 21.3 for Virginia and 27.4 for North Carolina.

"I'm thrilled the governor has finally pulled the trigger," said Bonnie Brady, executive director of the Long Island Commercial Fishing Association, an industry group. "Hopefully, [Commerce Secretary Wilbur] Ross will understand how devastating this has been to New York fishermen."

For much of the year, the New York quota amounts to 50 to 100 pounds of fluke a day, while other states allow fishermen to land tens of thousands of pounds a week, often from waters off New York.

"We need more quota and it was unjustly taken away from us," said Riverhead fisherman Phil Karlin, who has been advocating for the lawsuit for years. "If we win in court, it would be nice. New York should have more quota. Most of the fish are caught right off Long Island."

The suit names as defendants U.S. Commerce Secretary Wilbur Ross, the U.S. Department of Commerce, the National Oceanic and Atmospheric Administration, and the National Marine Fisheries Service.
 
I'm guessing that won't be helping the rec angler much in way of a longer season. I can't say blame them for fighting for more fish.
 
I'm guessing that won't be helping the rec angler much in way of a longer season. I can't say blame them for fighting for more fish.

Regrettably, I feel you're correct George. With the dismal fluke season last year where I think only Montauk did well, I don't know how anyone could justify increases in quotas, although they're looking at an increase % so they could % the percentage, while decreasing the quota, resulting in no change in lbs or even a loss.
 
Regrettably, I feel you're correct George. With the dismal fluke season last year where I think only Montauk did well, I don't know how anyone could justify increases in quotas, although they're looking at an increase % so they could % the percentage, while decreasing the quota, resulting in no change in lbs or even a loss.
I'm not sure they're looking to increase the overall quota, as I suspect Mike will attest that would be impossible. They're suing to get more from other states quotas. They've tried lobbying these states for a while now without success so they're suing.

Honestly, I don't think they will have a chance, especially with the new data that we will be seeing in the coming weeks and months.

It does show that the coms have the ear of the Gov. though
 
I'm guessing that won't be helping the rec angler much in way of a longer season. I can't say blame them for fighting for more fish.

You would be guessing correctly. The state by state quotas that NY is so strenuously objecting to are for the commercial fishery only. It has zero effect on recreational fishermen.

This only affects the allocation fo the commercial state by state quotas and would not increase the overall quota. FWIW, the MAFMC has been talking about revisiting the state by state allocations anyway. It's kind of ridiculous for states like NC and VA that have large chunks of the quota to have to send their boats to fish off of Nantucket, and then steam all the way back to NC and/or VA. OTOH the arguments to keep their share of the quota is to preserve jobs in the fish processing houses that are typically located in economically depressed areas.

But NY does not come into this litigation with "clean hands." the NY system for issuing licenses to fish for fluke is blatantly discriminatory against both residents and non-residents. And any increase on land based jobs would be in the economically "depressed" area of the Hamptons.

Assuming this action is being brought under the Administrative procedure act, I think it is doomed.
 

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