LI protest planned against NYS commercial fishing rules

The steel dory that led the last protest is no longer seaworthy, its Stars and Stripes paint job fading and chipping, and the ban on haul seining for striped bass that it was used to demonstrate against has held for 20 years. But that hasn't stopped Arnold Leo from bracing for a new fight.

Leo, 74, of East Hampton, who was among 20 people issued summonses in 1992 for having striped bass illegally caught through haul seining, is organizing another act of civil disobedience, this time against what he calls "restrictive and inflexible" fishing regulations in state waters around East Hampton.

On Saturday, Leo stood beside the boat now known as the Flag Dory, outside the East Hampton Marine Museum in Amagansett to discuss next month's protest. He was joined by would-be fisherman Jim Bennett, 28, of East Hampton; and Riverhead lawyer Dan Rodgers.

Rodgers represents brothers Daniel and Paul Lester of East Hampton, who have pleaded not guilty to felony and misdemeanor charges of taking porgies and fluke without permits and out of season.

"Regulation to manage the fishery has become so restrictive and inflexible that nobody can make a living at it," said Leo, who will not participate in the protest because he is a fisheries consultant to East Hampton Town.

He cited continued restrictions on porgies, even though he said regulators acknowledge the species has been rebuilt to 200 percent of normal levels.

Each protester will sell three porgies to Stuart's Seafood Market in Amagansett in violation of a state law that requires a commercial fish food license to sell fish. They will face a maximum $325 fine and as much as 15 days in jail, although such high penalties are rare.

The East Hampton Town Baymen's Association, which is sponsoring the protest, will pay their fines up to $200 and supply a lawyer, said Leo, who is secretary of the organization.

Leo said he expects 20 people to protest June 26.

Bennett, who plans to participate, said restrictions have driven him and his family from a livelihood they practiced for generations.

He said he earns most of his income working nights in a lumberyard and also landscapes with Daniel Lester.

"What these protesters are doing is important not only to the fishing community, but to our case as well," Rodgers said. "It will send a message to regulatory authorities that enough is enough."

Leo said he expects the state Department of Environmental Conservation to issue summonses at the protest.

DEC officials were not available Saturday to comment but previously have defended the rules.

"We're always looking to make sure people are abiding by the limits that are set," DEC marine enforcement unit captain Dorothy Thumm said in March. "It's a way of protecting other fishermen."