Quote Originally Posted by stormchaser View Post
Found one copy of the Public Trust Doctrine on this site, under laws and regs. RP, I was wondering what your thoughts were about getting 50 or 100 of us together, and all going up there, peacefully, but with the intention of fishing, and letting News12 and other news organizations know that we are going up there?

We could do it on a Sat or Sunday when a lot of people would be able to make it?

I feel if a lot of us went up there, and again, did this peacefully, no aggressive statements, or confrontations, and let them know that we intended to exercise our rights under the Public trust doctrine, I don't think they would arrest us. If they did, they would have to defend going against the Public Trust Doctrine in court.

I may be wrong, but I don't think any town, in NY or NJ, wants to try a case that might prove to be a landmark, especially if they stood to lose, and set a precedent?

Since you seem to be a driving force behind organizing people on this, rp, what say you?

Do you think we could pull it off? Could we get enough guys together? How about if we publicized it weeks ahead of time, on a few websites? I'm thinking if we showed up with a minimum of 50 or 100 fishernem, respectful but assertive of our rights, they just would not want to arrest us without starting a tremendous legal battle. Even if arrests were made, I would do it.

What's the worst they can charge us with, disorderly persons? Trespassing? None of that stuff could be proved in court, it they chose to take it that far. I'm sick of the syrupy sweet smiles put out by officials, while we all know privately they detest us.

Sometimes you have to be willing to take a stand on something. I'm willing, rp, do you think you can rally some other guys to do this, or is it a stupid idea? I just feel we have to do something more, letters aren't cutting it anymore.




The Public Trust Doctrine
http://stripersandanglers.com/Forum/...ead.php?t=1044

The set of laws that guarantees all people rights to the water. First set by the Roman Emperor Justinian around A.D. 500 as part of Roman civil law, the Public Trust Doctrine establishes the publics right to full use of the seashore as declared in the following quotation from Book II of the Institutes of Justinian:

“By the law of nature these things are common to all mankind – the air, running water, the sea, and consequently the shores of the sea.

No one, therefore, is forbidden to approach the seashore, provided that he respects habitations, monuments, and the buildings, which are not, like the sea, subject only to the law of nations.”

Influenced by Roman civil law, the tenets of public trust were maintained through English common Law and adopted by the original 13 colonies.

Following the American Revolution, the royal right to tidelands was vested to the 13 new states, then to each subsequent state, and has remained a part of public policy into the present time.

Through various judicial decisions, the right of use upheld by the Public Trust Doctrine has been incorporated into many state constitutions and statutes, allowing the public the right to all lands, water and resources held in the public trust by the state, including those in New Jersey.



Here's the link:

http://www.nj.gov/dep/cmp/access/pub...s_handbook.pdf
This is a really good idea, I think through the various web sites and organizations we could get a big turnout. Logisitics would need to be worked out to make sure town was not able to thwart this effort and also in case someone got arrested that person was represented.

Right now various fishing organizations are involved with this. The New York Coalition of Recreational Fishing is going to write a letter to the town and request a meeting, that looks to be the next step. The Coalitions sole existence is to protect fishermans rights and lobby politicians. This organization was started by Montauk Surfcaster Association who has a good track record of fighting for our rights. After that we will need to see what happens, but I would think a demonstration could be in order if needed.

Stormchaser, where do you live ? Are you a member of any of these organizations ? If not, it might be worth it to join LIBBA , MSA or any of the local surf clubs. You might be interested in coming to one of the meetings, let me know.

John