Baymen referred to as on Oyster Bay officials to move jurisdiction markers for shellfishing beds on the boundary of the Long Island Sound as lately determined by a state appellate courtroom.
“I would like the markers to return down,” North Oyster Bay Baymen’s Association president William Painter stated Tuesday. “I would like new markers to be placed displaying an accurate line.”
The New York State Appellate Courtroom, Second Department, final month upheld a 2016 lower courtroom determination in a lawsuit towards the city that dominated the boundary of Lengthy Island Sound runs alongside a line from Rocky Point in Oyster Bay east to Whitewood Point on Lloyd’s Neck.
Oyster Bay had argued the town’s boundary prolonged farther north, from Oak Neck Level east to Lloyd Level.
“The document in this case demonstrates that the state’s proposed boundary line is the one truthful interpretation of the Andros Patent,” the courtroom wrote in its April 17 determination, referring to a Colonial-period patent that defined the town’s northern maritime border. The proof introduced by the events did not help the city’s proposed boundry, the ruling said.
Oyster Bay officials did not reply to requests for remark.
At difficulty was who might shellfish in those waters.
As state land, the clam beds are open to holders of state-issued licenses. Oyster Bay granted unique rights to shellfishing firm Frank M. Flower & Sons Inc. on underwater lands that overlapped with the disputed space in a lease that expires in 2024.//I tweaked this since I am unsure if the lease and disputed lands utterly overlap or simply partially overlap//tp//
The case arose after Nassau County police ticketed unbiased fisherman Bryan C. Murphy in 2010 for shellfishing in those waters.
Murphy sued the city, arguing he was legally shellfishing in state-owned waters. The State Lawyer Basic’s workplace argued for the boundary the courts later ruled was right.
City data present that Oyster Bay retained California-based mostly Wendel, Rosen, Black and Dean, LLP in 2014 to help with the case and subsequently paid the agency more than $250,000. In 2016 a decrease courtroom ruled in favor of Murphy and the state. Oyster Bay appealed that decision and final month the appellate courtroom upheld the sooner ruling.
Murphy’s lawyer, Darrin Berger of Huntington, stated Tuesday the appellate courtroom’s ruling means fishermen with state licenses “can now…