The New York State Assembly recently approved a bill that would protect the right to fish on all navigable waterways in the state. The bill’s sponsor, Assemblyman Pete Grannis, outlined the need for the bill in a memorandum attached to the bill,
In February, 1997, the NYS Court of Appeals ruled in DOUGLASTON MANOR, INC. V. GEORGE BAHRAKIS that landowners who specifically “own the river bed” can regulate fishing on their property. Historically, NYS law has been interpreted to mean that any navigable waterway could be accessed by the public. The state retains easements that entitle the public to certain recreational uses. Until the DOUGLASTON MANOR decision, fishing was considered to be part of the public trust that was part and parcel of the “navigability” of a waterway.
With its action, the state`s highest court has potentially granted exclusive fishing rights to anyone owning land traversed by a recognized navigable waterway. Under this ruling, while navigable waterways would remain accessible for boating, tubing, etc., all fishing from a boat whether anchored, motoring or simply drifting through, might now be considered trespassing unless prior permission is obtained from the landowner. This restriction will apply to all navigable rivers, including those stocked with fish raised in publicly funded state hatcheries.
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Left unchallenged, this unfortunate ruling may result in the closure of large sections of major rivers to public fishing. This holds particular peril for the vast majority of the state`s roughly 1.1 million licensed fishermen who do not own private fishing rights. Not to be overlooked in this equation is the nearly $15 million these residents pay in annual license fees and in surcharges on the purchase of fishing equipment, which over the years has been instrumental in helping to finance the Salmon River`s climb to the status of a world class fishery.
The bill is now under consideration in the State Senate. You can read the full text of the proposed law here.