LI fisherman's death inspires change to permit law

Assemb. Fred Thiele on Thursday said he introduced legislation that would end a technicality barring commercial fishing licenses from being passed to family members who don't live at the home of the original permit holder.

The bill's introduction follows a report in Newsday in June that the nephew of a recently deceased fisherman was refused his uncle's fishing permit because the two men didn't share a home.

Norman Stiansen, the nephew of legendary Long Island fisherman Stian Stiansen, was his uncle's designated heir in paperwork filed with the state Department of Environmental Conservation. But weeks after the elder Stiansen's death, the DEC sent a notice to Norman Stiansen saying the requested transfer was rejected because of a state law that requires he live in the same "domicile" as his uncle to be eligible.

Fishermen and women can leave their permits to spouses, children and other blood relatives, who in turn can transfer or sell them, but Stiansen's wife had died before him and his stepdaughters were not interested in the permits. The permits are valuable because only a limited number are available and the DEC generally is not issuing new ones.

Stian Stiansen died in May after a rogue wave capsized his boat, the Pauline IV.

The bill by Thiele (I-Sag Harbor) would repeal that portion of the state law that restricts transfer to same-household family members. "The only way to describe this law is senseless," he said in a statement. "It needs to be changed. The case of Stian Stiansen clearly illustrates the foolishness of this law."

Under Thiele's bill, which will be taken up in the 2014 state legislative session, a fisherman or woman would have the freedom to designate a family member for the re-issuance of permits and licenses in case of death "regardless of domicile."

It would include a retroactive clause to allow Norman Stiansen and "any other similarly situated fisherman, where the original permit or license holder died after January 1, 2013, and designated a family member, to be reissued the licenses and permits."

At the time of his rejection, Norman Stiansen said it was "a shame because this is what Long Island is about -- the farming, the fishing, the hardworking community. You would think they [the DEC] would want to promote that."

A DEC spokeswoman said the agency doesn't comment on pending legislation.

Daniel Rodgers, a Riverhead lawyer who has represented fishing interests, applauded the introduction of the law. "By denying the last wishes of Stian Stiansen, the DEC has determined to view the law in a light most favorable to the agency and their stated goal of reducing the number of commercial fishing licenses," he said. "The governor and legislative leaders must act before it is too late to save this industry."