Access problems in Duxberrry, MA
Access problems? Duxberry Beach at Kentucky Ave. in Massachusetts
Surfrider Chapter Eco-activism



MAKING WAVES, March 1998


SAN CLEMENTE
The future of one of Southern California's last remaining-and most beautiful-geological areas is being debated...again. San Clemente Chapter members have been attending meetings regarding the proposed development of the Dana Point Headlands. The proposed luxury hotel and extensive development complex by the Chandis Securities Company (owner of the Los Angeles Times) and M. H. Sherman Company have recently filed a lawsuit against the city of Dana Point.
    This action was prompted by the result of a public referendum overturning the Dana Point City Council's approval of the development plans for the Headlands. This issue was challenged all the way to the California Supreme Court, which ordered the City of Dana Point to either come up with a plan for the Headlands for development or for compensation for the property owners (Chandis Securities Company).
    The Dana Point Planning Commission has since held a series of public workshops to gather public opinion on what citizens, public interest groups, and the owners want to do with the land. One proposal from the Sierra Club and others involves the construction of a Nature Park, which would include an interpretative ecological center. Another proposal from the Chandis Securities Co. contains a curious provision which allows them to "relocate", or literally, trap and move endangered animals and plants to another location.
    Surfrider Foundation's San Clemente Chapter is concerned with the ecological issues, as well as, coastal access issues with the proposals. Surfrider Foundation activist are working with the planning commission on ideas of how to improve access in the Dana Strands area (north of the Headlands) and keeping Cove Road open. Please contact the San Clemente Chapter for more information at (714) 492-8248

MALIBU
Thirty-one representatives from various government agencies and environmental organizations were in attendance at the last Malibu Chapter's Malibu Lagoon Task Force Meeting. A city of Malibu Public Works Engineer, gave an update on the city's septic tank study. They are still trying to get voluntary cooperation from residential and commercial owners, but if not, they may have to issue warrants on private property.
    Preliminary ground water samples from test wells had enterococcus and fecal coliform levels of 1600 mpn hits. This shows evidence of septic tank leakage of sewage into the ground water. Ground water should have a test level of 0 mpn for enterococcus and fecal coliform levels. Prem Saint from Cal State Fullerton is planning to do surface water sampling in the creek, from above Tapia down to the Lagoon, as well as ground water.
    The Resource Conservation District (RCD) gave an update on the sandbar which naturally breached at the Malibu Lagoon. The RCD performed three post-breach surveys on birds, sampled water quality and seined for fish. Hundreds of top smelt were stranded in the lagoon and hundreds of jack knife clams died after and during the breach event. RCD members will present preliminary results from their study at the next meeting.
    UCLA officials have been conducting hydrological evaluation, which entails conducting cross selections across the Lagoon and conducting flow meters. They are also conducting a biological and water quality evaluation, and biological resources and vegetation mapping.
    Surfrider Foundation's Malibu Chapter announced that the chapter had started a technical advisory committee to make recommendations for allocation of funds for designated water quality studies. If you are interested in attending the next Malibu Chapter Task Force meeting please contact them at (310) 317-0777.

OREGON CHAPTER
A federal magistrate in Eugene Oregon recently dismissed criminal charges against two surfers who refused to pay a $3.00 recreational access fee at the entrance to the Oregon Dunes last summer.
    Magistrate Thomas Coffin sided with the two individuals, who with the grassroots & financial support of the Oregon Chapter of the Surfrider Foundation felt that the fee was unjustified. Magistrate Coffin stated that the U.S. Forest Service had no legal right to collect a fee from people who are merely traveling through the Siluslaw National Forest to get somewhere else. He said such a charge amounts to a toll on a public road rather than a fee to recreate in a National Forest. "As the defendants in this case did not engage in a recreational use of any Forest Service facilities or property, they were not subject to the fee in question, " Coffin said in his six page ruling.
    Coffin did rule that the Forest Service has the right to collect fees from people who use national forest recreational facilities, such as hiking trails and the dunes. Nevertheless, this ruling should force the Forest Service to take a hard look at its three-year "fee demonstration" program launched last summer.
    "This will set a tremendous precedent nationwide", Eugene attorney Dan Stotter stated. "This is the first case in which a recreation fee has faced a court challenge."
    The Forest Service said it would review the ruling but would stop charging an access fee at the South Jetty Road entrance to the Oregon Dunes. However, the Forest Service spokespeople said the agency would continue to charge access fees at trailheads, parking lots, overlooks, boat ramps, and other sites. The Forest Service launched 47 recreation "fee demo" projects last summer and plans to add another 32 this year.
    The Oregon Chapter was very pleased with the ruling and will continue to stay on top of this and other environmental issues which threaten our coastline.

NEW CHAPTERS
The Surfrider Foundation is pleased to announce the formation of three new grassroots chapters to protect and preserve your coastlines in the states of Florida, Montana and Maine.
    The St. Augustine Chapter will join the ranks of Palm Beach County, South Florida and Sebastian Inlet Chapters in tackling water quality issues, coastal development and educating the local community on environmental issues.
    The Portland Maine Chapter will begin implementing the Beachscape Coastal Mapping Program, as well as building community support for their local chapter.
    Bozeman Montana might seem like an unlikely location for a Surfrider Foundation Chapter, but is it really? Surfrider Foundation has been developing programs that deal with water quality which the chapter will implement along streams, rivers and lakes. They will also educate locals on the relationship begin the mountain watersheds and coastal water quality through the hydrologic cycle.
    These new Surfrider Foundation Chapters will implement all our environmental programs and community based campaigns. If your interested in organizing a local chapter please call the national office.
Gary Sirota and Noel Hillman
Departing Board Members President Gary Sirota and Noel Hillman at Washington D.C. Chapter's Waterman Bash


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