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.

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.

[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) There were also reps from NJBBA (the guys who gave out the "No Access" stickers, thanks for that).
Also reps from StriperCoast Surfcasters, 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.

[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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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...w_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-...h-access-rules
You can offer support to the cause by following this link:
http://action.surfrider.org/p/dia/ac...ction_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.

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!

Here's a paraphrase of what Jim said,

[DarkSkies]

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


DEP commissioner and Aide




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.

[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/...t=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/...t=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 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.

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!

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