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PART I
Surfing in Rockaway and Long Beach: Public Access Area Designation
Monday, November 22nd, 2004
By Laird Loughlin (Membership Coordinator)
While many people of the metropolitan region many not be familiar with the issues of the Rockaways and Long Beach, most are all-too-aware of the problems associated with public coastal access. In our region a wide range of issues exist, including the 'small' (fences blocking a right-of-way), to very 'large' (private property owners creating socio-economic barriers to the beach). This piece will serve as an introduction to the history of surfing and bathing access in New York's urban coastal communities and detail ongoing campaigns to return the beach back to its rightful owner: the public. The New York City Chapter of the Surfrider Foundation (SF NYC) has taken on this issue on behalf of bathers and beach goers alike, in an effort to improve upon some outdated rules and regulations surrounding beach access and bathing.
| Rockaway Beach |
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Ticketing:
Local watersports enthusiasts, including surfers, have been the unlucky recipients of tickets in Rockaway over the past three years. This is due to New York State and City regulations that make the beach 'off limits' when there are no life guards on duty, despite the fact that they are only there from Memorial to Labor Day and sunrise to sunset. Ultimately people end up breaching the rules in order to pursue their recreational activities; including walking on the beach (a past time some have even been known to receive a ticket for).
Municipal liability is at the forefront of an aggressive ticketing policy; being a preventative measure to stem the community in taking liberties on the shorefront. A more aggressive ticketing policy was induced by tragic fatalities. Tim Donnelly, in his New York Sports Express article entitled Surf and Turf wrote, "The accidental drowning of three young girls, a suicide jumper off of the Atlantic Beach Bridge, and subsequent lawsuits has the city on edge." However, many in the community feel that the measure to limit liability is overly punitive for those who readily frequent the beach. Others assert that the current policy is an excuse to generate revenue for the area; albeit much needed. Ultimately, the fore mentioned are subjective view points. Regardless of the reason, surfers and water sports enthusiasts have been at risk of being fined in the off-season.
The ticketing of beach-goers remains at the discretion of local law enforcement. During the most aggressive period, Captain Talamo, head of the Rockaway Police Force, cracked down on surfers, going by the book as pertains to the regulations. Luckily for everyone, there has been a changing of the guard over the past year, and the new head of the force, Captain Parnowski, appears to have a different perspective on the administration of fines. Captain Parnowski often jokes that 'Parnowski' is Polish for 'Surfer friendly.'
Rules and Regulations:
Currently SF NYC and Rockaway community members are working in conjunction with local government officials to amend the law governing bathing. Up until now, the rules have been defined by New York State Health Code as implemented in 1850.
In March 2003, Elena Kissel (legal advisor for SF NYC) and Victor Sinansky set the wheels in motion to re-write the language of the outdated code. With an eye on altering the bathing regulation, Elena and Victor were pivotal in modifying the public health law (Subpart 6-2, in Title 10 of NYCRR "Rules and Regulations"), through negotiations with the Department of Health. Elena notes that the assistance of City Councilman Joseph Addabbo, Jr (D-32nd District) and State Assemblywoman Audrey Pfeffer (D-23rd District) were instrumental in this endeavor.
Changes to the rules were published on March 17, 2004, to exclude surfing from "bathing," as previously defined. Ex-Chair, Cat Beagan explains that, "The new rule states that 'bathing' shall be defined as being partially or totally immersed in water (and shall include swimming, wading and diving), while excluding fishing, scuba diving and surfing." As a result, 'surfers' are not subject to the same rules governing when and where 'bathers' may enter the water. However, to this date, there is no officially designated surfing area. According to Ms. Kissel the new code highlights that life guards "may" as opposed to "will" designate a surfing area by putting up lines and buoys. The next step is to work toward the designation of an official surfing area--Beach 90th Street being a likely candidate.
Joel Banslaben and the SF NYC Chapter's Executive Board have recently formed the "Rockaway Environmental Committee" to address environmental and beach access issues in the region. Headway has been made with Addabbo, Pfeffer and the Commissioner of the Department of Parks-Adrian Benepe, to negotiate potential beaches for surfing. This committee will increasingly work to mobilize the community at large to protect this invaluable resource and become active in public policy pertaining to it. If you are at all interested in this issue, please keep posted on upcoming meetings that will take place in Rockaway.
| Long Beach |
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The NYC Chapter has had a series of successful campaigns in Long Beach. When Cat Beagan was the Vice Chair, she mobilized over one hundred members and Long Beach residents to attend the preliminary meetings to discuss the Army Corps of Engineer's (ACOE) plan to implement a beach fill project. Beagan was subsequently approached by Jim Hennessy (R) and others on the city council to ally with.
In November 2003, while returning from the East Coast Conference in Hull, Ma, some active members discussed the issue of surfing beaches. Up until that point, Long Beach had a rotating beach policy for surfing: Lincoln Ave. and one floating. The conclusion of the conversation centered on attaining the following goal: to win a quick victory for the chapter by designating three permanent beaches for surfing in Long Beach: Lincoln, Laurelton and one floating.
Throughout the Winter and Spring of 2004, Jake Burns met with Hennessy and tabled the proposal for a three beach policy. In late spring, SF NYC received word that the city had designated two beaches--Laurelton and Lincoln--as surfing beaches. This was not included in the 'Summer Parks and Recreation' brochure due to the fact that it had gone to the publisher before the decision had been made. Unfortunately, by mid-summer Laurelton was lost again as a surfing beach, due to complaints from residents who wanted to be able to swim in front of their homes.
Ericka Davanzo, the chair for the "Long Beach Environmental Committee" is keeping a close eye on this issue and states "We're getting a head start on next years campaign for beach access with Hennessy so that there is no confusion next year. Surfing starts to get a little dangerous, particularly when you force a growing sport between two jetties." By instituting additional surfing beaches, the city will alleviate the potential hazards of the overly crowded surfing beach. However, density issues will persist until a more suitable solution is implemented. Regarding the ACOE beach fill plan, Davanzo is working over-time with her committee to educate the public and City Council on what the plan would do to the City, as well as holding meetings with the ACOE to try to find a common ground. As was noted for Rockaway, Ericka encourages people to join her in working to ensure that the best policy decisions are made concerning the Long Beach water front.
The New York City chapter of the Surfrider Foundation, along with those involved in the Rockaway and Long Beach coastal issues, are breaking new ground. Their work is proof of the impact that grass-roots initiatives can have in steering coastal policy. The events that have transpired will continue to build the NYC chapter's position within Surfrider National. To garner more support from National, the chapter needs tangible victories in the community. On a local level, the chapter has increased membership, with an eye on mobilizing active members to get involved with SF NYC's programs.
With increased membership in the region, Surfrider's position is more influential when it comes to discussing the ACOE's plan and the subsequent exploration of alternatives. The environmental benefit of designating surf beaches is intangible in the campaign to improving coastal public access in the metropolitan region. Only once we are the table, can our voice be heard. |
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