When Rising Tides Meet Regulatory Waves: Suffolk County’s Fishing Industry Faces Perfect Storm of Environmental Rules and Financial Ruin
Suffolk County’s commercial fishing industry, once the backbone of Long Island’s maritime economy, is drowning in a sea of regulatory compliance costs and environmental restrictions that are forcing century-old family businesses into bankruptcy courts. Montauk is our state’s top port, the 68th largest in the US, and 18th largest in the Atlantic States, landing over 10 million pounds of fish worth over $14.6 million at the dock in 2020, yet this economic powerhouse is under siege from mounting environmental regulations that threaten to sink the very industry they were designed to protect.
The Perfect Storm: COVID-19 Meets Environmental Compliance
The commercial fishing industry in Suffolk County was already reeling from the devastating impacts of the COVID-19 pandemic. Commercial fishing was hard-hit by the COVID-19 pandemic, according to County Executive Steve Bellone. Last year, COVID-19 caused restaurants across the state to operate at limited capacity in order to protect public health, leading to a loss of business for commercial fishers. In 2019, 361 commercial fishing establishments landed over 19 million pounds of fish valued at over $27 million, according to the county, but these numbers plummeted during the pandemic.
While federal relief provided some temporary assistance, New York has begun to distribute $6.7 million in relief aid to the state’s seafood, marine commercial, and for-hire fishing industries after excessive business losses due to the Covid-19 pandemic… New York will also be awarded an additional $5.7 million in the coming months, for a total of $12.4 million, many fishing businesses found themselves struggling to meet both their financial obligations and increasingly complex environmental compliance requirements.
Environmental Regulations Creating Financial Undertow
The regulatory burden facing Suffolk County’s fishing industry has intensified significantly in 2025. We facilitate the Take Reduction Plans (TRPs), which, as federal regulations, apply in all marine waters up to the shoreline… All affected fishermen should follow the measures described in each TRP. These federal requirements, combined with New York State’s own environmental protections, create a complex web of compliance costs.
Commercial fishermen must navigate an increasingly restrictive regulatory landscape that includes Sharks, excluding spiny dogfish, shall not be taken for commercial or recreational purposes by baited hooking except with the use of non-stainless steel non-offset circle hooks. No person shall conduct, sponsor or participate in any shark tournament unless said tournament’s rules and regulations require the exclusive use of non-stainless steel, non-offset circle hooks. Additionally, Effective August 6, 2025, DEC revised Part 41 Sanitary Condition of Shellfish Lands to include the following updates, with numerous areas experiencing downgrades that limit fishing opportunities.
The financial impact of these regulations extends beyond simple compliance costs. Nets shall not be used in Long Island sound west of an imaginary line from the New York-Connecticut boundary shore line extending easterly and southerly to Eaton’s Point Neck on Long Island from April 1 to November 1… Gill nets shall not be used in Long Island Sound or in harbors, bays or other waters adjacent thereto west of an imaginary line extending north from the easterly boundary of the town of Brookhaven on the north shore of Long Island in the county of Suffolk. These restrictions force fishing operations to invest in new equipment, modify their fishing methods, or abandon profitable fishing grounds entirely.
Waterfront Development Pressure Compounds Crisis
Environmental regulations aren’t the only threat to Suffolk County’s fishing industry. Koepele, owner of North Fork Big Oyster, in Southold, is feeling squeezed by developers who are building expensive condos and homes near the waterfront… The disappearance of waterfront property has been an issue for years, as developers have moved in, leaving less room for the commercial fishing industry.
This development pressure has prompted legislative action. Suffolk County lawmakers have approved the creation of the Working Waterfronts Program to help preserve the region’s commercial fishing industry using the same tools as the county’s farmland preservation efforts. The county legislature unanimously passed the bill on Sept. 3 to establish a framework to acquire conservation easements on working waterfront properties. More than 800 waterfront properties are involved in the commercial fishing industry, according to a county study conducted before the bill was passed. Suffolk is home to 2,949 maritime-related businesses employing approximately 38,419 people, which makes up 6.1% of the county’s economy.
Chapter 12 Bankruptcy: A Specialized Lifeline for Maritime Businesses
When environmental compliance costs and regulatory restrictions push fishing businesses to the brink, Chapter 12 bankruptcy offers a specialized solution designed specifically for commercial fishing operations. Chapter 12 is only available to farmers or fishermen. The procedures under Chapter 12 are very similar to those under Chapter 13… Under Chapter 12, a farmer or fisherman can continue to operate the business while the repayment plan is carried out.
This specialized form of bankruptcy protection acknowledges the unique challenges facing the fishing industry. This is because the process takes into consideration fisheries’ fluctuating seasonal revenues and debt burdens… Unlike bankruptcy proceedings in other chapters, these payments do not need to set at a fixed amount per month and can instead be adjusted for seasonal fluctuations in a fishing venture’s yearly revenue stream.
For Suffolk County fishing businesses, Chapter 12 provides crucial advantages: The total debts (secured and unsecured) of the operation must not exceed $3,237,000 (if a farming operation) or $1,500,000 (if a commercial fishing operation)… At least 50% for a farming operation or 80% for a fishing operation of the corporation’s or partnership’s total debts which are fixed in amount (exclusive of debt for one home occupied by a shareholder) must be related to the farming or fishing operation.
Expert Legal Guidance Essential for Maritime Bankruptcy Cases
Navigating both environmental compliance requirements and bankruptcy proceedings requires specialized legal expertise. The Frank Law Firm P.C., serving Suffolk County, understands the unique challenges facing maritime businesses in today’s regulatory environment. Our team has extensive experience handling bankruptcy cases in Suffolk County, NY. We stay up-to-date with the latest laws and regulations to ensure our clients receive the best advice and representation.
For commercial fishing operations facing financial distress due to environmental compliance costs, working with an experienced Bankruptcy Attorney Suffolk County can mean the difference between business survival and liquidation. Chapter 7 Bankruptcy: This type of bankruptcy, also known as liquidation bankruptcy, allows eligible individuals to discharge most unsecured debts. Our experienced bankruptcy lawyers will assess your financial situation and determine if you qualify for Chapter 7.
However, for fishing businesses that want to continue operations, Chapter 13 may be more appropriate. Chapter 13 Bankruptcy: For those who do not qualify for Chapter 7, Chapter 13 bankruptcy may be an option. This form of bankruptcy involves a repayment plan that enables you to pay off your debts over three to five years. Our knowledgeable attorneys can help you develop a feasible repayment plan and represent you throughout the process.
The Road Ahead: Balancing Conservation and Commerce
The tension between environmental protection and economic viability continues to intensify in Suffolk County’s waters. While conservation efforts are essential for long-term sustainability, the immediate impact on fishing businesses has been devastating. “The passage of this resolution would signal Suffolk County’s understanding that commercial fishing is not an expendable relic of the past but a living, productive, and necessary part of Long Island’s present and future trajectory,” LICFA Executive Director Bonnie Brady wrote in a letter of support. “It’s not just about boats and nets, it’s about food security, local jobs, commercial fishing heritage, and economic diversity”.
As environmental regulations continue to evolve and enforcement becomes more stringent, Suffolk County’s fishing industry faces an uncertain future. For businesses caught in the crosscurrents of regulatory compliance and financial pressure, understanding all available options—including specialized bankruptcy protections—becomes crucial for survival.
The Frank Law Firm P.C. provides comprehensive bankruptcy services throughout Suffolk County, helping maritime businesses navigate these challenging waters. If you’re struggling with debt in Suffolk County or the surrounding areas, don’t wait to seek help. Contact The Frank Law Firm P.C. today at 516-246-5577 to schedule a free, no-obligation consultation with one of our knowledgeable bankruptcy lawyers. We’ll assess your financial situation, discuss your options, and help you take the first step toward a brighter financial future.