Public trust losing ground in Shark river?
This was in the APP. I hope they don't turn oversight over to the town.
Inlet access issue raises larger questions
By JOHN GEISER • CORRESPONDENT • December 5, 2008The proposal that the state Department of Environmental Protection yield its authority over access to the edges of Shark River Inlet has generated a growing wave of protest from anglers.
Residents in the area have complained about noise, conduct and trash from persons using the state property, and they have appealed to Assemblyman Dave Rible, R-Mon., to ask the DEP to give the borough of Avon the authority to regulate the property.
Fishermen understand that the actions of a few persons can upset residents, and most try to conduct themselves as good neighbors.
Unfortunately, there are those who do not care, and ignore rules, laws and a simple feeling for others.
Rible finds himself between a jetty boulder and a ledge: the public demanding more access to the water and private interests wanting more restrictions.
The state is leaning increasingly toward public access to the water and sharing the waterfront.
Anglers, surfers, divers and others who use the water and beaches are still fuming over the loss of the public street ends in Deal and other municipalities years ago.
Rible recently met with state and local officials in an attempt to ensure access for local fishermen to the edges of Shark River Inlet while preserving the quality of life for nearby residents.
Bob Matthews of the Fisherman's Den, Belmar, said many anglers are complaining to him about dwindling access to the water, and threats of more regulations.
He said the latest proposal that Avon be given control of state land bordering Shark River Inlet has particularly alarmed anglers.
"When the Department of Environmental Protection gives up its right to the land, and lets towns impose rules, they are giving up a public trust," he said.
"We can appreciate homeowners' complaints, but others have rights to public land," he continued. "I would caution the assemblyman not to push for a borough takeover of this property as it will surely lead to a fishing closure, especially at night when most of the bass fishermen are out.
"We are quite sure that, if Avon is given power over this area, other towns will seek the same consideration from the DEP; so they can appease the taxpayers of their towns.
"I find it strange that the assemblyman would ask the DEP to give up this land while the DEP wants private marina owners to allow 24-hour access to the water in front of their property," he added.
"This is a slippery slope we are on here; I hope they come up with a better solution," he concluded.
The DEP has been working for two years to widen public access to the waterfront, and is receiving pressure from not only marina operators and oceanfront municipalities seeking exemptions from access requirements, but also industrial waterfront owners. The industrial owners' concerns have culminated in a state Senate bill, S-1921, that would exempt transportation, energy, port and other properties from having to provide public access.
The argument is based on the need to protect these properties from the threat of terrorist attacks. The measure is sponsored by Sens. Jeffrey Van Drew, D-Cape May, and Andrew Ciesla, R-Ocean. The legislation would have the greatest impact on the shores of the new York-New Jersey harbor complex and along the Delaware River where shipping terminals and fuel refineries line the shore.
Rible, along with Avon Police Chief Terence Mahon, administrator Timothy Gallagher and Commissioner Robert McGovern met with John Hazen and Tom Micai of the state Department of Environmental Protection to discuss the Shark River Inlet problem. The inlet is a popular and productive place to fish. It has been that way for generations, but there are growing problems.
The thoughtless few are there with and without fishing gear, banging car doors in the middle of the night, talking loudly and ignoring the rights and sensitivities of nearby property owners.
Greg Hueth, president of the Shark River Surf Anglers, said he has seen the conduct of those who use the edges of the inlet for recreation worsen over the years.
"I have been fishing this area for over 25 years, and there is no doubt that people's behavior has changed," he said. "We want access, but there has to be consideration for the environment and the people who live along the inlet."
Hueth said he has personally never had a problem with property owners along the inlet. "It's easy to fish there at night without disturbing anyone," he said. "You just have to use a little common sense. "I love fishing at night, but you can't go into any neighborhood slamming car doors at 2 a.m," he said.
Rible said he sought help from the state in coming to an agreement on how to regulate the site. The strip of land located at the end of 1st Ave and continuing to the Ocean Avenue Bridge is maintained by the borough of Avon, but is owned by the state, Rible explained. This means that the borough does not have the jurisdiction to regulate the use of the property.
"We are working very closely with the DEP to devise a plan that will resolve the situation without restricting the public's access to the property," Rible said.
