Beach Access: NJ beach access DEP Hearing 6-2-11 Long Beach Twp

[DarkSkies]

I'll post the Access Comments and reports in this thread and link to the other thread.
Thanks to all who could make it, there were about 80-100 people who attended.

The room was packed, the people who spoke were passionate about their causes and why they came to speak.

Unfortunately some feel that the decision is already a done deal and the DEP offered the public comments as a way to fulfill their public comment requirement under the law.
That may be true.
The mayor of Long Beach couldn't even be bothered to show up, he sent an attorney as Rep to speak on his behalf. http://stripersandanglers.com/Forum/images/icons/icon13.png

Overall, the mood was positive, the people respectful of each other, and the vibe was one of defending our rights to access, and hoping that we won't get screwed by the DEP.

I knew I had to be there, and am thankful that quite a few others felt that need too. I understand that more people wanted to be there but couldn't make it. Hey, life happens. I know you were there in spirit of support, and I'm asking everyone to keep paying attention on this one.

If we do get screwed on this, it won't get any better, and some of us will suffer Re: Our beach access. So let's keep the vigilance up, and many thanks to all who came in support. :clapping::clapping: :thumbsup:

[DarkSkies]

This was the last of a series of public comment hearings. It was significant in that the other hearings were held during the week during daytime, making it difficult for people to get there.

At some of the other hearings, estimates of 16 people or so were said to have turned out. Last night, there were close to 100 filling a packed room, who came to speak out and be heard.

There were reps from all the NJ major fishing clubs, Asbury, Berkeley, Shark River (ran into Chumbucket/Matt and a few others again, haven't seen them in awhile) :HappyWave: There were also reps from NJBBA (the guys who gave out the "No Access" stickers, thanks for that).
Also reps from StriperCoast Surfcasters, :HappyWave:Surfrider.....
ALS, JCAA and the RFA spoke, in addition to many homeowners and marina owners.

One woman remarked at the end that it was a good thing that all interest groups could come together without fighting or bickering in public. I agree. :clapping:

[DarkSkies]

I'll try to post some of these, and the pics, as I get a chance. So please bear with me as I decide what to use from the voluminous notes I took. :)

[DarkSkies]

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[DarkSkies]

comments- Fishin Crazy - Jim has been involved with this issue from the start, trying to rally people on different websites to get involved, and trying to explain the importance of these issues to all users of the beach environment. This is a mini-article he did for Zeno's Journal, courtesy of FishinCrazy, thanks:


Today we are featuring story from Jim Hill
Beach Access and NJ Perfect Together?

Recent changes in the guidelines to beach and water access in NJ are being battled over in the NJ courts. Four groups of access advocates are fighting this fight for all of us who use the beaches in NJ. CRABS (citizens rights to access beaches) The American Littoral Society, The Surf rider foundation, and The NYNJ Bay keepers are spearheading this effort. I recently discovered this issue and thought as a surf fisherman what can I do to keep my access open so that I can fish?
Changes to the access in NJ are coming on fast these will allow each individual town/municipality to set their own rules for access. The following are examples of the DEP changes, which could be made by individual towns:

Loss of 24/7 access to coastal waters
Loss of 24/7 access wow this is a big deal for us as surf fisherman. Imagine not being able to hit your favorite beach with a black SS needle after dark? Never again being able to see the sun rise on bird play while throwing that big old Big Don Pencil? I can’t imagine not being to eel off of the Manasquan Jetty through the night?
Loss of the requirement for 1/4 mile access points
Loosing access points to stretches of beach which we now use might just cause issues of trespass onto private property. I can’t imagine areas that are fishy being ignored because of limited access. Guy’s will just cut through private property.
Loss of requirement that towns consider parking and other amenities as part of access
As it is now in most of the areas I fish there is restrictive parking between the hours of 9-5 there is only 2 hour parking in season, fortunately there isn’t a lot of fishing going on in the seasonal months for me, but it’s still a pain in June when the big girls are on Bunker pods and your watching the clock to save that $75 ticket. With this it could actually get worse. Imagine no parking on the block at the beach or like in Point Pleasant metered parking 24/7 yearlong.
No ties to replenishment funds and public access improvements
Wow here’s the kicker towns which will be within their rights to tighten access to their beaches will still be eligible to get public funding to replenish their beaches. WOW they will use NJ tax dollars for their own benefit, and where will the residents whose money is being used be????Not on the beach.
Placing access requirement decisions directly in the hands of towns that have historically limited or blocked public access.
This last statement is the one, which seals it for me. How many times do we need to be reminded that the fate of our passion is in the hands of folks who couldn’t give a hoot?
I’m sharing this information with you in hopes we as a group can get involved and make our voice heard in regards to this. I know currently the four groups who are fighting this battle are seeking to gain support from groups interested in signing petitions as a group to support this fight.
For more information on what is currently going on with this check the following links: http://atlanticville.gmnews.com/news/2011-03-17/Front_Page/Changes_to_beach_access_rule_draw_protest.html
http://crabnj.org/5.html
On face book you can support this cause by following this link:
http://www.causes.com/causes/561902-don-t-change-new-jersey-beach-access-rules
You can offer support to the cause by following this link:
http://action.surfrider.org/p/dia/action/public/?action_KEY=3065
The DEP’s rule proposal will hit the NJ Register on April 4th. It is pretty much the same as the draft we saw in August. This will begin a 60 day Public comment period and there will likely be 2 public hearings. This will be the time to stand up and speak out on this issue.
This issue might seem to be something that won’t affect you where you fish, I said that to myself when I lost access to the Delaware river. I thought they will never stop me from getting to the water to fish. Boy was I wrong. I started surf fishing because I figured no one could block access to the beach. Well I was wrong before and with this current action taking place I don’t want to be wrong again.
Dates for the public hearings will be available soon and I will let everyone know.
Keep the beaches, sods, and rocks open People have been surf fishing recreationally for over 150 years in NJ lets not let that end on our watch.

[DarkSkies]

comments - Jim/ FishinCrazy's comments -


These comments were arguably some of the most passionate comments made at that meeting. Jim had a prepared statement, but didn't speak from it. He spoke from the heart, with such a passion for the fishing and his love of the outdoors that he drew loud cheers and a resounding applause when he left the platform. :clapping::clapping:

Every group was there because they had a specific vested interest, and many had prepared statements several pages long.

I think he cut to the heart of the matter, and epitomized the essence of what we as sportsmen face in the modern outdoors environment. Great job, Jim! :clapping: :thumbsup:

Here's a paraphrase of what Jim said,

[DarkSkies]

Wrap-up.....Some of the people who attended, pics and comments.....


DEP commissioner and Aide
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This woman stood up and said it was remarkable that the surfers, fishermen, and environmentalists came together without conflict to rally for a common interest. I agree with her comments.

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[DarkSkies]

As mentioned, I don't know if this will truly affect the ruling or changes that may now be made.

I'm hopeful, but also wise enough in the ways of Gov't to know that many times they offer public comment, and steamroll the agenda totally against the peoples' wishes anyway.

That could happen here, but I'm hoping the DEP saw enough opposition and reference to the Public Trust Doctrine (which they would be violating by allowing this protocol of allowing the towns self-rule)
Learn more about Public Trust Doctrine and its legal precedents here....
http://stripersandanglers.com/Forum/showthread.php?1044-Public-Trust-Doctrine&highlight=public+trust
that they would incorporate the concerns of these affected user groups (fishermen, beach buggy sportsmen, surfers, birders, and nature lovers, all included) to ensure that any policy going forward will not abridge our rights in their hopes of simplifying the regs.



Here's a thread that Finchaser posted last year correctly predicting the way things would probably unfold.....
http://stripersandanglers.com/Forum/showthread.php?6772-DEP-ruling-Bye-bye-beach-access&highlight=public+trust

[clamchucker]

Thank you for the report, dark skies.

[finchaser]

Recreational Fishing Alliance (NJ) Contact: Jim Hutchinson, Jr. / 888-564-6732
For Immediate Release June 3, 2011




RFA-NJ SUBMITS OFFICIAL COMMENTS ON DEP ACCESS PLAN

Says State's 'One Size Fits All' Plan Too Restrictive For Surfcasting


The Recreational Fishing Alliance's New Jersey chapter (RFA-NJ) today submitted official comments (http://r20.rs6.net/tn.jsp?llr=hclmspcab&et=1105799029426&s=10015&e=001MHXqSduP9ZBAKuNm3QKAiubg1wF8C5qdsbZcCJpuHo8Pm A1wLT-yrsJVjVqhdD0iLnUb-dHzDoWSP_3SniQgsSqWk1U90z_JxLfnIy7Fer2Hroroie1zpKK cps_fQmLKf5KaSxHJBnOYiIB86DuuPQ==) to the New Jersey Department of Environmental Protection (DEP) in response to the agency's new public access rules.

According to the Associated Press, New Jersey rewrote its beach rules earlier this year after a court struck down old ones requiring access points every quarter-mile along the shore, as well as parking and bathrooms nearby. The ruling came in a lawsuit brought by the South Jersey beach town of Avalon that claimed the state overstepped its bounds by requiring too much public access, as well as unreasonable requirements such as 24-hour, round-the-clock access to beaches and marinas.

The new rules ask, but don't require, coastal towns to adopt a public access plan spelling out exactly where the public can get to the beach, which is precisely what has caused the public to turn out in strong opposition to much of the plan, particularly in terms of surfcasting and beach access.

"RFA-NJ has obvious concerns with the plan as it relates to coastal fishing access throughout the state," said RFA-NJ board member Greg O'Connell. "We've spent the last couple of months compiling feedback from our members through meetings, public hearings and comprehensive review of the DEP's actual access plan, so we believe strongly that the comments that delivered today on behalf of RFA-NJ accurately represent the greater good for our coastal anglers," said O'Connell who also chairs the RFA-NJ Surf Advisory Panel.

Capt Adam Nowalsky who runs a charter boat out of Great Bay Marina said that tempering the needs of coastal surfcasters with those of boat owners has been a critical component of RFA-NJ's analysis of the DEP plan. "A few years ago under the Corzine administration, this access plan would've led to serious problems for boat owners who could've been forced to deal with mandatory, round-the-clock public access at their marina or boatyard, and I couldn't imagine what owners would've had to endure," Nowalsky said.

"But this plan that we've been reviewing as an organization over the past several months is loaded with new issues that impact our surfcasting community, not to mention our kayak and car-top fishermen, so it's our hope that the DEP will adequately address the issues brought forth in our official comments and heard through the recent public hearings," Nowalsky added.

New Jersey's surf fishing community has been especially concerned about the DEP's new access rules, and with good reason. According the RFA's Executive Director Jim Donofrio, the access amendments have been swinging like a pendulum from one administration to the next, though he's hopeful a comprehensive review of the plan can strike the right balance for all coastal fishermen.

"RFA has significant concerns about the potential impacts on angling access resultant of the proposed changes by DEP, which is why we took the time to analyze the entire document and listen in on the public hearings in order to provide the most detailed comments for addressing concerns," Donofrio said "As an organization dedicated to protecting the rights of all saltwater anglers, we are certainly in support of specific language in the plan that would protect our local marinas and dockside tackle shops from having to endure excessive amounts of liability in terms of safety, damages, and theft, if required to provide unrestricted, 24-hour public access."

Donofrio said many groups which turned out in staunch opposition to the DEP's entire plan perhaps didn't take enough time to read the entire proposal. "We were a bit shocked to see that some conservation and outdoor groups would sign onto broad-based coalitions to publicly oppose all the exemptions contained within the plan, perhaps without even looking at the plan itself," he said, adding "we can't have towns closing down beach access or parking facilities for surfcasters, but our angling community shouldn't be supporting the concept that marinas and dockside facilities must open up 24/7 access to the public either, that's just ridiculous."

RFA said much of the criticism with regard to the DEP's latest public access plan was centered on the 'one size fits all' nature of the language, which is why RFA said it took time to analyze the entire plan before submitting official comments on behalf of all saltwater anglers.

"Let's hope the state DEP takes a comprehensive look at this plan to ensure that the public trust doctrine is kept intact, that the rights of saltwater anglers are safeguarded while at the same time our boat, marine and tackle industry jobs are also duly protected," Donofrio added.

[storminsteve]

Thanks for keeping us posted. I kind of think you're right when you mentioned they might have their minds already made up. Keeping the fingers crossed. The elitism of the homeownwers is ridiculus.

[jigfreak]

Thank you for fighting the fight.

[stripermania]

Thanks for burning the gas, and all the effort.

[basshunter]

The elitism of the homeownwers is ridiculus.

Yeah if you buy a home at the beach you should expect that people will want to come to the water. No one owns the water. God does.

[fishincrazy]

comments - Jim/ FishinCrazy's comments -


These comments were arguably some of the most passionate comments made at that meeting. Jim had a prepared statement, but didn't speak from it. He spoke from the heart, with such a passion for the fishing and his love of the outdoors that he drew loud cheers and a resounding applause when he left the platform. :clapping::clapping:

Every group was there because they had a specific vested interest, and many had prepared statements several pages long.

I think he cut to the heart of the matter, and epitomized the essence of what we as sportsmen face in the modern outdoors environment. Great job, Jim! :clapping: :thumbsup:

Here's a paraphrase of what Jim said,

Thanks Rich We all need to fight for these access rights.I can't figure out how to open the comments thingy?? DOH!!

FC

[DarkSkies]

I can't figure out how to open the comments thingy?? DOH!!

FC

I didn't get to it yet, FC, still have to fill in your comments and the pics I took, and all the other things I left blank in this thread.
Way behind on everything, been fishin. :fishing:
My bad, sorry.http://stripersandanglers.com/Forum/images/icons/icon11.png http://stripersandanglers.com/Forum/images/icons/icon9.pnghope to get to it this week.

You should think about makin a trip to NJ soon if you can, late afternoon bite. Call me when ya wanna come up. :HappyWave:

[surferman]

Thanks for keeping us informed, guys!

[DarkSkies]

Joe Loreti and Jason from StriperCoast Surfcasters.... a club in which I'm a founding member. Nice to meet ya's in person. :HappyWave:

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Jim Hill (Fishin Crazy) and Dante Soriente, both there to show their support. Great job on your comments, Jim! :thumbsup: :clapping::clapping: There wasn't a dry eye in the house when you got done. :cool:
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[DarkSkies]

Paul Harris and the folks at NJBBA. They were strong supporters at these meetings as they are frequent users of the beach and fighting for the rights of all of us. They were the ones handing out the

(NO) No public access rule

stickers...get in touch with them if you want some, they may have some left.

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[bababooey]

Great job on the reports DS and everyone else, keep up the good work!

[basshunter]

Now they are claiming access should be limited because some areas have wetlands. What BS!


Long Beach Township residents say beach path plan in Loveladies section would endanger wetlands

Posted: Monday, June 6, 2011 10:15 pm | Updated: 6:55 am, Tue Jun 7, 2011.
By DONNA WEAVER Staff Writer Press of Atlantic City

LONG BEACH TOWNSHIP ? Neighbors of Station Avenue in the Loveladies section of the township say they are angry that the site has been chosen for a public beach accessway because they want to protect freshwater wetlands there.

Loveladies is among the most inaccessible sections of beach on Long Beach Island. Multimillion-dollar homes line the oceanfront. Near those homes are no-trespassing signs warning of prohibited beach access and private driveways.

?It?s the age-old NIMBY thing ? not in my backyard,? township Mayor Joseph Mancini said.
The neighbors expressed their concerns days after the state Department of Environmental Protection held its final public hearing on new statewide beach access rules. Station Avenue has been identified as the fifth and final public beach-access point in Loveladies to meet access requirements imposed by the DEP. The street is partially wooded and undeveloped.
Mancini said the township owns Station Avenue, a 50-foot wide, 800-foot-long, dead-end street. He said the township plans to cut an 8-foot walking path into the street and called that path ?an innocuous and unaffecting thing.?

?We could make it a road, pave it and park 70 cars on that street and add bathrooms, but we?re trying to be as neighborly as possible,? Mancini said Monday afternoon. ?We have an additional access a block away, but this is the only undeveloped street we have left in Loveladies. So if we have it, let?s use it.?

Station Avenue homeowners say it is not about stopping tourists from accessing their otherwise private driveways and using their usually deserted beaches, but they are concerned about the environmental impact of creating a public accessway, as well as their safety.
Ellen Weisberg, 64, said she does not think an area with wetlands should be touched or developed. Weisberg, of Philadelphia, owns a second home on Station Avenue.

?It?s not about having people on our beach. Even if it weren?t about wetlands, it would be about us not being safe. We?d be open for stealing off-season. This is more inviting because they?d have easier access,? said Weisberg, noting that an environmental-impact study exists showing ?there are wetlands on that paper street.?

An environmental analysis of the property was prepared in April for Station Avenue resident Jeffery Sussman.
Claudia Rocca, senior environmental specialist for Bohler Engineering, wrote in the report that environmental and regulatory constraints were identified on Station Avenue, some of which ?merit protection from development.?

A qualified wetlands specialist identified an area of freshwater wetlands on Station Avenue, the report shows, adding that the land would likely be considered ?intermediate resource value wetlands.? Rocca wrote in the report that the freshwater wetlands on Station Avenue are a ?rare habitat and ecotone within a highly developed area.?

The boundary of the freshwater wetlands found on the property was recognized by the Department of Environmental Protection in a Letter of Interpretation from the early 1990s, the report states. Rocca suggested pursuing a new wetlands-boundary delineation from the DEP since the previous one has expired.

The report also states that several threatened or endangered species have been found by the DEP adjacent to Station Avenue, including the roseate tern, least tern, common tern and black skimmer. Rocca wrote that the habitat should be preserved because it could be used as resting and foraging habitat for wildlife species, including the threatened and endangered species that were identified nearby.

?There?s wetlands all over the place on the island ? saltwater and freshwater. But it?s not like we?re building a road there. The bottom line is, it?s not severe wetlands,? Mancini said.
Mancini said DEP officials told township officials last week that creating an accessway on Station Avenue was a great idea. DEP spokesman Larry Ragonese said Mancini took DEP officials on a tour of Station Avenue to show them their plans for the accessway.
Ragonese said he has not seen the independent environmental analysis of the area and could not comment specifically on the alleged freshwater wetlands that were identified in the report.
?In general, if you disturb wetlands, you have to get a permit,? Ragonese said. ?All rules and regulations will still be in place. If and when the township comes to us with a specific proposal for access, if there were to be an environmental issue, of course we would deal with it and have to consider it. But it?s premature for me to comment on something that is not before us.?

Weisberg's husband, Joseph Nagy, said he wants the DEP to investigate the wetlands at the site during the approval process for the township?s access plan. Nagy said the wetlands that were identified in the study are located in a wooded area and are a unique habitat in a developed area.

[jigfreak]

Bunch of elite a-holes they dont care about wetlands they just don't want us to fish and will use any excuse.

[surferman]

Here is a nj news video on access

http://abclocal.go.com/wabc/video?id=8168979

[bababooey]

Meeting tues june 27, this was sudsys comments, and I didn't notice sudsy having any posts asking for peoples names and addresses. :kooky: Thanks guy, and didn't he also do something for Sandy Hook access about 10 years ago? :clapping::clapping:

I still would be happy if someone took a dump on Bob Martin's driveway, it would make my day. dark, bueller, dirty deeds done dirt cheap, anyone? :laugh:


"Interesting meeting. They promised us the world - no loss of access, Public Trust Doctrine as regards the mean high tide line remains part of law. I quote Mr. Cantor ~ "Public Trust Doctrine will be the minimum standard". "There will be absolutely no loss of access"

What I don't like is that the rule is going to be approved as it is right now, no matter what we say or do, then amended afterwards. This leaves us in a very weak position ( I'm worried it could end like it did for the American Indians after hearing "We're from the government, you can trust us")

The marinas, existing business and most new one and two house developments are let off the hook for access requirements. New construction - industrial and larger developments are not.
I'm somewhat OK with that but I suspect the Littoral Society people are going to have a cow

Towns will be writing their own access rules (there is no getting around it - God knows we tried) but they will be subject to the approval of the DEP. We will be notified and have access to every one of these plans before they are approved and will have the ability to comment on them. We let it be known quite firmly that we absolutely expect some towns to do whatever they can to restrict our access and we will NOT accept that.

As a group we were extremely skeptical and very distrustful of the whole situation and we let it be known in no uncertain terms.
As an individual I still am. But for some reason, and I'm not sure why, I feel a bit hopeful. Perhaps it's because the State now is now very aware that we exist and we are a force to be reckoned with - and that's a very good thing. "

[stripermania]

Well, that seems ok for now, but I still don't trust them. Politicians say one thing one moment and then next day they change it. I thought the Public Trust Doctrine was a lot stronger and would prevent this underhanded manipulation. What I don't like is they will let the towns make their own rules and then the DEP says they will have the final say. That seems manipulative to me. Thanks to Sudsy and all the guys who hammered them on this.