Letter: Unfair fishing regulation

Kelly Lester at her clam stand on Abrahams Path in Amagansett (Aug. 20, 2011) Credit: Doug Kuntz
Newsday missed an opportunity in "A fish tale goes overboard" [Editorial, May 14], when it failed to recognize that fishermen fully support regulation of their industry, yet deplore the heavy-handed tactics of the state Department of Environmental Conservation. By focusing on a dispute over $202 in fish wrongfully taken from my clients, Paul and Kelly Lester, a hardworking couple, the editorial left readers with the inescapable conclusion that this is nothing more than a dust-up about a few misappropriated dollars.
To cast DEC officials as well-meaning villains seeking only to protect a valuable resource simply misses the point. Well before the establishment of any conservation movement, fishermen were stewards of the seas, satisfying a need for nourishment yet acting in balance with the cycles of nature. There has been an explosive population growth, with a taste for the delicacy of the oceans, creating a need for regulation. Fishermen agree.
But they also demand fairness. For example: Assemb. Fred W. Theile Jr. (I-Sag Harbor) sponsored legislation to limit the DEC's power to perform warrantless searches. This would merely require some version of judicial review before there is a taking of property, and simple compensation.
Newsday missed the boat on this one.
Daniel G. Rodgers, Riverhead
Editor's note: The writer is a lawyer representing members of the Lester fishing family.