May 23, 2005

News Release

CONTACT: Ted Venker, 1-800-201-FISH

CCA New York Submits Freedom of Information Demand Relating to Striped Bass, Bluefish Regulations

Calls Proposed Adoption of Emergency Regulations “Illegal”

NEW YORK – On May 19, Coastal Conservation Association New York (“CCA NY”), acting pursuant to New York’s Freedom of Information Law, requested that the New York State Department of Environmental Conservation (“DEC”) provide it with all correspondence and other documents relating to the emergency adoption of regulations that increased the bag limit for bluefish and striped bass. By adopting the changes through “emergency regulations” the DEC bypassed the normal rulemaking process, denying the public the opportunity to view and comment on the regulations prior to their adoption. That procedure is unacceptable to CCA NY.

“As advocates for the marine resources and the private citizens of New York, we cannot remain silent on this issue,” notes Frank Crescitelli, CCA NY’s President. “It denies anglers and other interested persons a meaningful opportunity to comment on the management of fish that belong to all of the people of this state.”

The State Administrative Procedure Act requires that agencies such as the DEC publish all proposed regulations in the State Register, and then give the public at least 45 days to comment before the regulations are adopted. The emergency adoption of regulations, which denies the public of its right to comment before the regulations become effective, is only permitted under very limited circumstances, when such adoption is “necessary for the preservation of the public health, safety or general welfare,” and when the delay caused by a comment period would harm the public interest.

“The state has to meet a significant hurdle before it may adopt regulations on an emergency basis,” said Charles Witek, Fisheries Committee Chair for CCA NY, “The law requires that, in order to legally deny the public its right to comment on regulations before they are issued, an agency must prove that such action is necessary to protect the public interest. It is not enough to find that emergency adoption might be convenient, or save the agency some time as a result.”

CCA NY is very careful to note that, at this time, it is making no comment on the substance of the emergency regulations. “This is not about how to manage the striped bass or bluefish fisheries in the short term,” states Scott Holder, Chairman of CCA NY. “It is about the far more basic, and in the long run, far more important issue of assuring that the general public is not denied any of its rights to comment on proposed changes in the management of any fishery. We as an organization have no issue with people who keep and enjoy fish. Keeping a fish for dinner helps connect people with the resource and it is a wonderful privilege to be able to do so. However, the emergency adoption of regulations in this instance violates the law and CCA NY has filed its Freedom of Information demand to determine exactly why the DEC chose to deprive the public of its right to comment.”

CCA NY’s position is supported by New York’s Environmental Conservation Law. Section 13-0105(1)(b)(3) states that “the state recognizes that an informed public is integral to the management system and shall inform and involve constituents in management decisions.” CCA NY’s actions in connection with the contemplated emergency regulations are intended to defend that policy.

“Thanks to the efforts of many concerned anglers, and the cooperative posture taken by DEC, the management process is open to all who wish to participate. Regulations should be submitted for public comment. Anything less undermines the process we enjoy today,” says Holder.

“The state has an obligation to comply with all aspects of the law during the rulemaking process,” notes Witek. “The emergency regulations in question do not meet the statutory requirement for necessity that is a prerequisite to emergency adoption. In addition, the regulations could have been adopted at any time during the past year, after appropriate public comment. The decision to adopt them on an emergency basis was illegal.”

“Anglers should be very concerned about the DEC’s misuse of emergency powers,” notes Holder. “This time, the agency lets us keep a few extra fish, and that might not seem so bad. But the next time, the same emergency powers could be used to open up a trawl fishery for stripers or bring haul seines back to the East End beaches. It’s not about how many fish you take home, it’s about insisting that the DEC remain accountable to the citizens that it was created to serve.”

CCA NY is a state chapter of the Coastal Conservation Association, a national grassroots advocate for fisheries conservation. To best accomplish its mission of rebuilding and conserving the marine resources of New York for the use and enjoyment of the state’s private citizens, CCA NY limits its membership to individual anglers and other interested persons, and depends on contributions made by such individuals for all of its funding. No corporate, organizational or other business-related memberships are accepted.