Public Trust - Access Issues from Ocean City to Stone Harbor, NJ
Folks, the time has come to correlate some of these stories and data relating to restricted access.
The case of Brookhaven, Long Island got me to thinking. I see that some progress has being made, but the bottom line is this:
Despite petitions, respectful meetings where reasonable people had intelligent dialogues, and one encouraging statement after another.... nothing is concrete at this point.
The fishermen who were fishing that beach for years, and some for decades, still have not received access they deserve. I believe this is a violation of their Constitutional Rights. I further believe many towns are aware of this when they close access and create legitimate "concerns" to mask the true intention of keeping fishermen off the property in question.
Well, I'm mad as hell, and not about to take it anymore! Remember the movie "Network"?
It is my contention that although progress has been made, the ultimate goal is to get people back to fishing in these areas they had previous access to, and to make that happen in a timely manner.
If you look at the major Constitutional legal issues that have been resolved in this country -- many were ultimately resolved in the courts of justice.
I have some experience seeing how this has worked through the eyes and stories of others who have had some success. It is my contention that in many cases, unless the town is faced with potential legal action, they will stonewall and try to make the issue go away.
It may not be necessary to go to court, as many cases are settled beforehand. Others have said the same thing here. I am just re-phrasing it.
I am setting up a series of threads, each dedicated to a specific town or area with Public Trust Access Issues. I would encourage all who are interested to gather and deposit any information in these threads you wish. If you feel it may be relevant, please post it.
Moreover, if anyone wants to cite our sources to help another case I am not aware of, feel free. I feel all web sites and fishing organizations should work together on these issues.
Furthermore, I will offer $100 from my pocket toward a retainer for ANY legal action that is begun in any of these areas. I might ask if others would consider contributing towards an attorney retainer, but that would be entirely up to you folks.
It doesn't matter to me whether I live there or it will affect me, and I would like you folks to please consider it as well, even if you think you can live your lives without getting involved.
Please remember this caveat:
Access, once lost, is rarely if ever re-gained.
I firmly believe this, but also believe if enough people get involved, we fishermen will prevail. These are our constitutionally protected rights, folks! Please don't let others carelessly trample on them.
This thread will focus on access issues in Avalon to Ocean City, NJ. The other threads will be titled for the areas they will concentrate on.
If there is any area I have omitted or merits a thread, please let me know and I will start it.
I believe in my heart that the towns in question will not respect us as fishermen unless they feel they have a chance to lose in court and lose face. I am willing to give whatever support I can, and that of the site's publicity, to act as a resource to make this happen.
Thanks in advance for whatever help you can provide, folks. You are not obligated to do so. You have every right to do nothing. All I ask is for you to consider if access in an area near to you was restricted or closed, how would you feel?http://stripersandanglers.com/Forum/...cons/icon3.gif
Thanks again, folks! You have all been great so far. There are some good soldiers here, but we must constantly enlist others to win this battle.
Ocean City to reinstate beach curfew
This sux, I wonder where in the public trust this falls under? http://stripersandanglers.com/Forum/...ons/icon13.gif
http://www.pressofatlanticcity.com/n...cc4c03286.html
Ocean City to reinstate beach curfew
By MICHAEL MILLER Staff Writer, 609-463-6712 | Posted: Wednesday, July 8, 2009
http://bloximages.chicago2.vip.townn..._dc=1247108837 ‘If I didn’t have young kids, I’d be at the beach at night,’ says Eric Beil, of Quakertown, Pa.
Photo by: Matthew Strabuk
OCEAN CITY - The city's beaches will be off limits again to stargazers, starlight surf fishermen and romantic couples strolling under the moon.
City Council will vote tonight to reinstate a beach curfew between 10 p.m. and 5 a.m. after a state court said towns could limit beach access.
In June 2008, Ocean City joined several other towns in allowing 24-hour beach access as a condition imposed by the state Department of Environmental Protection to participate in its beach-replenishment projects. But now that the state Supreme Court has struck down this condition, Ocean City Council wants its regulations back.
"I wasn't real comfortable when we changed it before, but I understood that (otherwise) we wouldn't get money from the state," Councilman Scott Ping said. "I don't care for the idea of keeping the beaches open 24/7. It makes it a lot more difficult to police as far as the kids down there partying and that kind of stuff."
Council will conduct a public hearing on the curfew at a meeting 7 p.m. tonight at City Hall. Many other Cape May County shore communities have similar or identical restrictions to keep people off the beach at night.
Ping said he talked to Police Chief Chad Callahan, who agreed that the curfew would make it easier to enforce quality-of-life issues such as noise. Callahan could not be reached for comment Wednesday. Capt. Jay Prettyman said the curfew would give police more latitude to keep the peace in beachfront neighborhoods.
The measure passed without dissent on first reading. Council President Susan Sheppard said she did not expect any opposition.
"Council decided it was best to make sure the beaches were safe," she said, adding that she did not take advantage of the open beaches when she had the chance.
"I'm in bed by 9," she said.
The city supports the ordinance, Business Administrator James Rutala said.
"It will provide another level of security," he said.
Despite the curfew, city police will continue to make regular patrols on the beach, he said.
Some beachgoers Wednesday said they thought the restrictions were unnecessary. Eric Beil, of Quakertown, Pa., and his 5-year-old son, Ethan, munched French fries on the Boardwalk. He said people should take personal responsibility for their behavior.
"It's a double-edged sword. I can see the reasoning for keeping it safe," he said. "But if I didn't have young kids, I'd be at the beach at night."
Joan Eshleman, of Myrtle Beach, S.C., said people should be free to walk the beach whenever they please.
She and her three sisters shared a Boardwalk bench in their beach attire while they swapped stories and laughed. They have been coming to Cape May County since they were little children.
"Why should I give up my walk? That's disgraceful. Don't they remember when they were a teenager?" she asked. "Choice, choice, choice, give us a choice. We're fighting two wars, aren't we? Isn't that about freedom?"
Her sister Rosemary Votta, of Glenwood, Pa., agreed. She fondly recalled stealing away to the beach with a boyfriend.
"A number of them over the years," she said, prompting giggles from her sisters. "We went under the Boardwalk. God gave us the beach. Let us use it."
If approved today, the curfew goes into effect July 29, the Clerk's Office said. But for those who want to enjoy the moonlight's reflection on the receding surf, there is always Corsons Inlet State Park on the island's south end.
State parks still offer 24-hour pedestrian access to the beaches, a DEP spokeswoman said.
No jetty night fishing access in Stone Harbor, NJ
Here's a report from another site. A guy was kicked off a Stone Harbor jetty for night fishing. Although it's common for this on some jetties down there, the new DEP ruling
http://stripersandanglers.com/Forum/...ead.php?t=6772
just makes it a lot easier for towns to make these rules. Get used to it, people. :(
Quote:
Originally Posted by 2307034
Well after fishing on jettys for 25 plus years the unthinkable happened, two cops waved me off the jetty and asked me not to fish from it. First a saltwater license now this. What next ? Our fishing future looks bleak !:eek:
The cops were very polite, it was about 8:00 to 8:30 pm. I do understand their concern, but I am a grown man and I know the risk. Most importantly though, the fluke were biting on the end of that jetty. Oh well.:cool:
The reason given here was the officers were concerned for the guy's safety. :rolleyes: :laugh: This could easily be applied to the jetties of Monmouth county now that the DEP no longer has our back. :burn: