Public Access

Here is the latest on A-4816 – the public access bill for surfers and anglers.

As amended, A-4816 is facing opposition. The problematic amendment is the change from “a surfer or a fisherman for the exclusive purpose of surfing or fishing” to “all recreational activities”. There is no definition for all recreational activities and the change was made by the NJ office of Legislative Services, not the Assembly or any committee.

The original intent of this bill was to get consistency of public access for surfers and anglers in all towns. Adding any other group goes beyond what was intended.

In the interest of getting the bill passed, Assemblywoman Margie Donlon (the sponsor), is willing to amend the bill as follows.

1. Replace “a municipality shall not require a municipal beach tag or similar admission pass for access to the wet sandy beach below the mean high tide line” in the original version with “a municipality shall not require a municipal beach tag or similar admission pass for access to the area below the mean high tide line”
2. Replace “for all recreational activities” in the amended version with the wording that was in the original version “to a surfer or a fisherman for the exclusive purpose of surfing or fishing.”

Both amendments must be made on the floor of the Assembly when the bill is to be voted on. Amendment 1 accommodates anglers, and it is what we have been asking for since the bill was introduced. Amendment 2 brings free access back to surfers and anglers. This will help pass the bill. We have been promised that both amendments will take place.

Here is how we expect the bill to read after the floor amendments:

1. Notwithstanding the provisions of any law, or rule or regulation adopted pursuant thereto, to the contrary, a municipality shall not require a municipal beach tag or similar admission pass for access to the area below the mean high tide line, for a surfer or a fisherman for the exclusive purpose of surfing or fishing.
2. This act shall take effect immediately.

If those changes are made, we should support the bill. The wording should also be amended in the Senate version (S-4158) to match the Assembly version.

Will this amendment upset some other beach stakeholders? Yes, but the free beach groups have offered nothing in the way of a plan on how to finance beach cleanup, maintenance, or lifeguards. Anglers do not require lifeguards or other services, and we should not have to pay to access the beach when no beach services are provided based on our use. Most importantly, we need consistency of fishing access from town to town.

I plan to reach out to some Assembly members and Senators to ask that they support the amended bill when it comes to a vote.

Any questions or comments, please get back to me at (732) 674-7060. Thanks.