Did you see these in todays paper ? Great letter by John and Chris. Do
you know Chris ? Letter by the resident makes my blood boil.
Let us fish
Wading River
To the Editor:
The article "Gone fishin' somewhere else" that appeared in the July 25
issue of The North Shore Sun made numerous references to the beaches
adjoining the Shoreham Town Beach as "private beaches." It should be
clarified that beachfront property owners own only the land above the
Mean High Water Mark (MHWM). This line is calculated by an average of
all high tides, including the unusually high tides that occur near the
full and new moons, and the often very high storm-driven tides. Since
these extreme highs are averaged in, the MHWM is well above the weed
line that is deposited by typical high tides. The beach below the MHWM
belongs to the state, and the public's right to access it is protected
under the Public Trust Doctrine.
The Public Trust Doctrine is a legal principle derived from English
Common Law. The essence of the doctrine is that the waters of the state
are a public resource owned by and available to all citizens equally for
the purposes of navigation, conducting commerce, fishing, recreation,
and similar uses. This trust is not invalidated by private ownership of
the underlying land.
Note the reference to "fishing." Although it is certainly reasonable to
prohibit fishing in a bathing area in a park during the bathing season,
fishing cannot be prohibited outside of the park boundaries below the
MHWM.
In a letter to the Kayak Fishing Association of New York dated June 27,
Brookhaven Town Supervisor Brian Foley made this clear when he wrote "As
to fishing at the Town's Shoreham Beach, I have been informed by our
parks department that the area to either side of the bathing area is
allowed for fishing purposes." This statement from the town's highest
official, helps make it clear that if someone parks legally in the
Shoreham Town Beach parking lot, and then walks beyond the park boundary
while staying below the MHWM, no laws will be broken.
The article identifies litter as a major problem at Shoreham Beach, and
implies that litter was a contributing factor to enforcement of the
fishing ban. The litter problem hasn't been limited to Shoreham, and
it's a disgrace. But this is an illegal activity that should be combated
with enforcement of our laws and perhaps educating the growing segment
of our society that seems to think it's OK to use our beaches as a
garbage dump. Other townships are dealing with the litter problem
without restricting beach access. Law-abiding, taxpaying citizens of the
Town of Brookhaven deserve the same consideration.
John Skinner
No fishing a good thing
Shoreham
To the Editor:
The subtitle of the article "Gone fishin' somewhere else" in the July 25
issue of The North Shore Sun was "fishermen want to return to Shoreham,"
but it sounds to me as though they should not have been there in the
first place. Apparently, fishing has always been prohibited by Town of
Brookhaven code at all beaches and parks. This code, I'm sure, was
written to protect the safety and welfare of the residents of
Brookhaven. I have to say that I have seen firsthand what happens when
this code is not enforced.
Several years ago, and as recently as last year, Shoreham Beach was a
veritable dumping ground for anything and everything that the masses of
fishermen brought down with them. My children, and those of my
neighbors, have played on the beach among boxes of empty bait
containers, rusted lures and hooks and dead fish that were caught small
and used for bait.
In 2006 and 2007 I witnessed garbage left by fishermen and their
families, empty Styrofoam containers and plastic utensils. There were
plastic bags tied to trees in the bluffs to mark where rotten little
dinghies were hidden in the tall grass. Families were lying in sleeping
bags up in the bluffs.
A fisher walked by several of our families and threw the wrapper from
her sandwich not 15 feet from where we were. When we asked her, nicely,
if she would pick that up, she said something I didn't understand, but
her face expressed just how angry she was at us for having the nerve to
care about our beach. I could go on, but let me express how different it
is now that this code is being enforced.
I now see families down at Shoreham Beach enjoying this beautiful
resource that we town resident have. The beach is clean and, for the
most part, garbage gets put in trash cans. My neighbors and I have
little fear of our children stepping on a rusted hook or a dead fish.
Quite frankly, Shoreham Beach is back and is once again a great place to
bring your kids and families. Thanks goes to the concerned residents of
this area and the town officials, Jane Bonner and Jim LaCarrubba to name
a few, who cared enough about "we the people" to enforce a long-standing
code and make this resource special for all of us once again.
Rob Keller
I'm still fishing
Shoreham
To the Editor:
I am a surf fisherman and I read with great interest your article
regarding the ban on surf fishing on Shoreham Beach. I am a lifelong
resident of the Shoreham-Wading River area. I have fished these beaches
since childhood. My father fished these same beaches and so did my
grandfather (long before the power plant). When I was a member of Boy
Scout Troop 161 in Shoreham, I was involved with a number of
conservation projects to prevent erosion along the bluffs and preserve
natural habitat in the Shoreridge Hills area and St. Joseph's Villa
(again before LILCO). As a teen, I worked as a lifeguard and when I was
a member of the Wading River Fire Department I worked with other men in
the community to preserve and protect the lives and property of those
who live near or on the beach.
I have done more to preserve the beach than many of the property owners
in the area. Most of the surf fishermen I know are respectful of the
beach, as it is part of the public trust for the benefit of all people.
Like myself, they carry out what they carry in and even pick up litter
to protect the wildlife and people that come to use this resource. The
only thing we leave behind are our tracks below the mean high water mark
and even those are washed away at the next high tide.
Government officials have restricted the size and the amount of the fish
I may catch. Now these political hawks are trying to tell me I cannot
fish there anymore. I'll be darned if I let that happen. I will continue
to fish these beaches when I want and where I want. No one is going to
stop me from my right to public access.
I taught my children to fish on these beaches. I taught them to respect
the outdoors the same way my grandfather taught me. I am now a
grandfather myself and when my 3-month-old granddaughter is big enough
to hold a fishing rod, I'll teach her, too.
In the meantime, you can find me on the beach below the mean high water
mark at the next full moon. I'll be fishing for stripers, just like my
grandfather taught me.
Chris Becker
received this from Morris today :
Dear Mr. Russell,
This letter is written in response to your inquiry regarding fishing at
Shoreham Beach, an issue that has received a great deal of attention
during the summer months.
Shoreham Beach is a Town bathing beach and fishing has never been
permitted at this facility. In fact, Section 10-11 of the Brookhaven
Town Code specifically forbids fishing at Town beaches for obvious
safety reasons.
While the shoreline of the beach extends for a significant distance both
to the east and west of Shoreham Beach, the land on either side of the
Town's beach is private property and the owners have asked the Town to
inform our residents that trespassing is not allowed on their beach.
I have taken the liberty of enclosing a list of Town of Brookhaven
designated fishing areas on both the North and South Shores, where
fisherman can safely cast their lines from the shore or Town fishing
piers.
Commissioner Morris,
I received your letter today in response to my questions and
comments on the ban of fishing at Shoreham Beach. Thank you for
taking the time to respond to me, I appreciate it. I have some
follow-up questions for you, if you could please address these I
would appreciate it.
You state that fishing has never been permitted at this beach.
People have been fishing here for years, why now is Brookhaven
enforcing this town code ?
Why do you say there are obvious safety concerns ? The beach here is
extensive and the allowable bathing area is roped in and patrolled
by lifeguards. How are fisherman who are fishing outside of the
designated bathing areas causing a safety issue ? Have there been
any documented incidents in the past of fisherman injuring bathers ?
Supervisor Foley has sent letters to people indicating fishing is
allowed outside of the designated bathing area, what you are saying
contradicts this. Can you please explain this ?
Numerous sources have said the real reason the beach has been closed
to fishing is littering issues, is this the case ? How do you know
fisherman have done this ? If so, shouldn't law enforcement ticket
these individuals ? Banning fishing completely because of the
actions of a few individuals is not the answer. Does the Town of
Brookhaven ban driving because some people are speeding or driving
drunk ?
Are you and the Town of Brookhaven familiar with the Public Trust
Doctrine ? People are allowed to fish and be on the beach up to the
mean high tide mark, so the beach the residents think is "theirs" is
not "theirs". Access must be provided to these beaches. The town has
stated that anyone who even comes onto the beach with a fishing rod
will have Public Safety called on them. First of all possessing a
fishing rod is not illegal and second , the Public Trust Doctrine
allows for access to the beach. The Town of Brookhaven is violating
the Public Trust Doctrine.
Instead of throwing the baby out with the bath water and banning
fishing, I suggest the Town attack the real problem here. Tax paying
residents are being deprived of the resources they pay for and this
ban is having a negative impact on the local economy. If littering
is an issue , utilize the enforcement and cleaning services that tax
payers are paying for. I would also suggest working with fishing
organizations to do beach clean-ups if needed. Many organizations
sponsor beach clean-up outings and fisherman work to clean up the
beaches. Real fisherman are not the problem here, in fact most real
fisherman do not leave litter and are excellent stewards of the
beach and sea.
Regards,
John Russell
Mr. Russell,
Thank you for your follow up e-mail. I have taken the liberty of forwarding
your e-mail to the Law Department and our Town Attorney for their review.
Most of the questions are in legal in nature and I would like to have them
follow up with you directly. Once again, thank you for your concern and
opinions.
Councilwoman Jane Bonner
>>> <
EGOER@aol.com> 7/15/2008 10:18 AM
>>>
Dear Councilwoman Bonner,
Thank you for taking the time out to reply to my email. You are to be
commended for your contributions to society and making Brookhaven a better
place to
live for your constituents.
But your actions on behalf of the few wealthy beachfront property owners
only serve a small few and not the public at large. Banning fishing at
Shoreham
beach is misguided and illegal. This action is having a negative impact on
all
tax paying residents of Brookhaven from a quality of life standpoint and
having a negative impact on the local economy.
I am aware of the letter from Supervisor Foley which states fishing is
legal
outside the designated bathing area. Why are there "No Fishing " signs
posted in multiple places at the beach ? Why are lifeguards telling people
there
is no fishing ? Why have lifeguards been instructed to call the police if
someone on the beach possesses a fishing rod ? Is it illegal in the United
States
of America to possess a fishing rod ? Does Shoreham have it's own laws that
are contrary to the law of the land.
Those beaches belong to everyone, not just the wealthy property owners who
would like keep "undesirables" off of "their" beaches. There are miles and
miles of beaches there that can be shared by everyone. Fisherman have no
desire
to fish near the designated swimming area. It is not safe and no fisherman
would do this, so banning fishing at a swimming beach just appears to be
smokescreen to keep as many people off the beach and out of the area as
possible.
Are there any documented cases of swimmers being injured by fisherman ? I
highly doubt this.
I have also heard that Shoreham has a homeless problem, so they banned
fishing. I find it impossible to believe that a rich beachfront community
has a
homeless problem. How does banning fishing help solve this problem ? If
banning fishing solves a homeless problem, then I suggest you get on the
phone with
the mayors of major cities in the United States and let them know you have
a
solution to their problem. Mayor Bloomberg , we have a solution to the
homeless problem, just ban fishing in NYC !!
Many fisherman are very angered by this short-sighted , self serving ,
illegal ban on fishing. There are many organized groups who represent
fisherman
and actions like yours only serve to increase people's resolve. Word of
these
illegal action has spread very quickly amongst the fishing community and
people
are taking action. Fisherman and their friends vote and are surely not
going to look positively on anyone associated with this ban.
I urge you to do the right thing and restore fishing at Shoreham Beach.
Hopefully this can be done without a legal challenge, but I assure you this
issue
will not die until the ban is removed. I personally am spreading the word
on
this to everyone I know in Brookhaven. As word spreads on this issue
amongst the people of Brookhaven, Long Island and beyond, those associated
with
banning fishing on this beach are not going to be looked upon kindly. There
is
no legitimate , moral or legal basis for this ban and anyone aside from the
wealthy few who live near the beach will surely see this.
Sincerely Yours,
John Russell
Hi John,
Thanks for the support! I can use all I can get.
I just cannot believe the audacity of Brookhaven's town board! Who gives
them the right to usurp our rights to beaches we pay such high taxes on???
Recently, a few well financed, private organizations, namely the Audubon
Society, the Defenders of Wildlife and the Southern Environmental Law Center
have taken away the rights and privileges of the users of the CHNSRA under
the guise of protecting birds and turtles. They have specifically targeted
fishermen, vacationing families and pedestrian beach goers who use four
wheel drive vehicles to deny their access to the best beaches and surf
fishing locations on the East coast. They have not done this through an
open, public participatory process but through a lawsuit and closed door
legal maneuvering that is unfounded in fact. Now, nearly all access to the
public beach areas is lost!
To remedy this situation, Senator Elizabeth Dole and Senator Richard Burr
have introduced a bill in the U. S. Senate that would reinstate the interim
ORV management plan that was previously put in place by the National Park
Service (NPS). Representative Walter Jones has introduced a similar bill in
the U. S. House of Representatives. These bills provide species protection
consistent with the Endangered Species-Act. The enactment of these bills
will return the management of ORVs in CHNSRA to the professionals in the NPS
and not leave it in the hands of the environmental extremists.
CCA NC needs your voice to tell Senators Burr and Dole you support Senate
Bill S-3113. Tell your U. S. Representative you support House Bill HR-6233.
We need bipartisan support of this bill to right the wrongs that we
currently suffer under the egregious consent decree approved by Federal
Judge Terrence Boyle.
Please pass this information along to your fishing friends in North Carolina
as well as those from other states. Help us restore our access to the
beautiful beaches and great surf fishing of the CHNSRA. These extremist
won't stop here if we don't take action.
Click the link below to contact the appropriate Elected Officials on this
issue.
Dear Mr. Hentschel:
Thank you for your recent e-mail. By copy hereof, I am forwarding it to our
Commissioner
of Parks Edward Morris and our Commissioner of Public Safety Anthony Gallino
for their
review and response.
