Free Beach Access for Fisherman?

[Hotrod]

Got this through an Email Inquiry.. wondering if anyone can help out Peter..  Does this sound right?

It is my understanding that fisherman have free beach access however the Borough of Sea Bright is insisting on a daily beach fee of $8.00 for fisherman to fish. Can you give me any reference to give to the Borough i.e. state statute.

Peter

[Pfishingruven]

I don't have any definitive info on this but,...

I think this goes back to the never ending saga/debate of...you can't charge if the person stays at or below the high tide mark.  However, how do you get to that location??  I am surprised Sea Bright will even allow you to fish at all during swimming hours.  Most beaches will not allow you.  This would basically apply to any municipal, county, state or federal agency that charges for beach access.  I will look and see what I can find, but...no guarantees.

 

[Pfishingruven]

The only State Law I could find, supports the town.

40:61-22.20. Municipal control over beaches, etc.; fees 
    1.   The governing body of any municipality bordering on the Atlantic Ocean, tidal water bays or rivers which owns or shall acquire, by any deed of dedication or otherwise, lands bordering on the ocean, tidal water bays or rivers, or easement rights therein, for a place of resort for public health and recreation and for other public purposes shall have the exclusive control, government and care thereof and of any boardwalk, bathing and recreational facilities, safeguards and equipment, now or hereafter constructed or provided thereon, and may, by ordinance, make and enforce rules and regulations for the government and policing of such lands, boardwalk, bathing facilities, safeguards and equipment; provided, that such power of control, government, care and policing shall not be construed in any manner to exclude or interfere with the operation of any State law or authority with respect to such lands, property and facilities.  Any such municipality may, in order to provide funds to improve, maintain and police the same and to protect the same from erosion, encroachment and damage by sea or otherwise, and to provide facilities and safeguards for public bathing and recreation, including the employment of lifeguards, by ordinance, make and enforce rules and regulations for the government, use, maintenance and policing thereof and provide for the charging and collecting of reasonable fees for the registration of persons using said lands and bathing facilities, for access to the beach and bathing and recreational grounds so provided and for the use of the bathing and recreational facilities, but no such fees shall be charged or collected from children under the age of 12 years; and the municipality may by ordinance provide that no fees, or reduced fees, shall be charged to persons 65 or more years of age and to persons who meet the disability criteria for disability benefits under Title II of the federal Social Security Act (42 U.S.C. s.401 et seq.). 

   L.1955,c.49,s.1; amended 1992,c.195.

Other info I found only states that a private beach is only private west of the high tide line and is public access to anyone east of the high tide line.  However, it does make exceptions during "guarded" hours and when people are swimming.