Beach Access Issues - APP Article

[Tacklebox Joe]

Letter published in the Asbury Park Press written by Ray Menell from the Asbury Park Fishing Club

The Asbury Park Fishing Club is the oldest saltwater fishing club still in existence in the United States. Since 1888, our club has remained strong and vibrant despite many obstacles, including preventing the flume connecting Deal Lake to the ocean from being blocked so that herring can enter to spawn.

However, under the Gov. Chris Christie administration, there is a new barrier. Only this time it is not a fish that needs protection; it is our club members, other fishermen, surfers, naturalists, birders and members of the public who will be blocked from the beaches.

The state Department of Environmental Protection under the leadership of Commissioner Robert Martin has decided to develop new rules for beach access. Seeing no way of managing the resources itself, the DEP has proposed rules that would place beach access in the control of the towns along the New Jersey coastline.

If the rules are approved, in many areas along the waterfront, the public will no longer have 24-hour, seven-days-a-week access. The proposed rules allow towns to limit public access to areas of the waterfront to “normal business hours.”

Also under the rules, towns would no longer be required to provide access points every quarter mile. Instead, towns could spread access points out over a half mile or more. Even more disturbing is a provision that would allow towns to transfer access to other towns.

The proposed rules do not bind towns to any specific requirements for increasing (or even maintaining) parking and other amenities as part of public access. Firm requirements are sorely needed. Some towns, such as Sea Bright, Deal and Long Branch’s Elberon section, have taken extra steps to prevent public access by limiting parking to two hours or less or no parking at all on their streets.

Finally, towns that receive beach replenishment funds would only have to comply with existing federal requirements pertaining to public access improvements. The DEP would delete all of its own requirements. Sea Bright and Long Branch will gladly take federal and state money to replenish their beaches with no strings attached. It is sad to think our taxes will be going to protect these towns and a few homeowners along the beachfront so that we are allowed only an occasional glimpse of the ocean.

Unfortunately, the DEP’s so-called common-sense beach access approach is actually a misinformed approach because it puts the fox in charge of the chicken coop. Past experience has shown that coastal towns do not want fishermen, surfers or others using these resources.

The town of Deal has given back to the property owners the ends of Whitehall and Roseld avenues, which terminated at jetties, to prevent access. Long Branch has allowed homeowners to construct fences or put obstacles in the path of access areas as they did on Garfield Terrace and Adam Street in Elberon.

The members of our club are politically active. Many of us have served our country in the military or operate small businesses in the area. We demand that the Christie administration not lock us out from accessing the beach, let us retain our freedom to fish on the beach and jetties 24/7 and allow us to pursue our love and passion for surf fishing in a respectful and fair manner.

We also ask all fishing clubs and other organizations whose members require access to beaches, bays or any other tidal waters to join us in the effort to prevent the implementation of the DEP rules by attending the public hearings. One was held Thursday. Another will be held at 11 a.m. Tuesday at Richard Stockton College, and a third will be held at 1 p.m. May 23 at Seaside Heights Municipal Court.

As you can see, by the times and dates of the meetings, the DEP did not consider the hard-working men and women who cannot attend during the weekday and daytime hours. Therefore, we urge Martin to provide additional hearings in the evening or weekends, including a hearing in Monmouth County.

[wimpy]

From a meeting in Brant Beach-

Brant Beach Public Access Meeting Last Night -- Thanks to all of the attendees that PACKED THE PLACE (standing room only) last night. Many organizations were there with a strong statements. Thanks to John Weber of the Surfrider Foundation, Paul Harris of the NJ Beach Buggy Association, Don of the Jersey Coast Anglers Association, among others, and an especially huge thanks to Greg O'Connell and the Recreation Fishing Alliance (RFA) who put forth a serious effort. The RFA dug through the proposal put forth by the DEP, picked it apart and submitted a statement holding true to the RFA's mission. Thanks to all of the anglers and surfers that came out. It was great seeing the comradery between the ocean loving people standing up for our rights to access the ocean via the Public Trust Doctrine (ancient law granting the public access and use of the sea).

[ChrisL]

Great turnout last night on behalf of the fishing community. 
Many very well thought out and well spoken comments and concerns on behalf of those who access our waterways for recreation.
The SurfRider Foundation did a great job in their efforts and presented a great video.
Our own Joe Loreti spoke as well 

[Tacklebox Joe]

Public Access Advocates, Thursday's public hearing was awesome.  Thank you, thank you, thank you!  I thought we'd see more people in favor of the rule being that we were in Long Beach Township.  There were a few, and a few marina owners, but we really outnumbered them.  There were literally hundreds of us.  Some press links are below.  

Now that the hearings are over, I must say we kicked butt over the last two months.  In the court of public opinion, we are winning.  DEP is getting somewhat desperate by calling in reporters for special closed door meetings and tours.  Last August I thought stopping this rule would be a very uphill battle that we would possibly lose.  But so many of you have joined us and helped and made this campaign great - we could not have done it without you.

As Tim said in an earlier email, DEP wants to talk.  They met with some fishermen Wednesday, and I've suggested to DEP that a cross section of groups sits down and talks about a serious rule overhaul.  I believe we are going into those talks in a position of strength.  I believe we can talk without giving up principles and we can compromise on small stuff if we get real improvements in a newly formulated rule.  

A coalition of groups this large and this diverse has not been together on a single issue in NJ in a long time.  We are going to use that unity to win something good for the people of NJ.  

Thanks again!

John Weber
Surfrider Foundation


http://www.nbcnewyork.com/news/local/New-Beach-Access-Rules-for-Jersey-Shore-Come-Under-Attack-123069518.html

 

http://www.philly.com/philly/news/new_jersey/123082543.html

 

http://www.app.com/article/20110602/NJNEWS/306020110/Critics-flock-to-beach-access-hearing-in-Long-Beach-Township

 

http://www.pressofatlanticcity.com/news/press/ocean/beach-access-rules-draw-sharp-criticism-support-during-final-public/article_7f796336-8d71-11e0-8a0a-001cc4c03286.html

 

http://berkeley-nj.patch.com/articles/hundreds-turn-out-for-final-meeting-on-waterfront-access-rules

[Bucktail]

More here.

[IrishAyes]

Granted, the beach access needs to be addressed, but it can not be an outright free for all for access to the entire tidal line both ocean side and bay side. I can see access to the entire ocean side (beaches), but when you are talking private marinas, that's a bit different.

The way the beach access is now written is that John Q Public has access to PRIVATE marinas any time day or night. Would you want anyone who cares to, regardless if they are boat owners or not, come onto your dock at 2am? Lord knows what they would do to your boat,equipment, etc.

[Tacklebox Joe]

I can see access to the entire ocean side (beaches), but when you are talking private marinas, that's a bit different.

That part of it is agreed upon by just about 100% of us. This is why the DEP must make the marina separate from everything. Your point is understood my friend!

[IrishAyes]