The Surfcasters were recently invited to a discussion on how to deal with the recent breach in Katama Bay. All of the agencies and people involved with harbor management, property management, shellfishing, public safety, tourism are working on how to deal with our new fishing spot. They are getting their seasonal help trained on how to deal with a variety of issues One concern that they all share is that this cut is dangerous and treacherous. It has still not stabilized and is changing every day; it is widening and moving. Erosion continues and chunks of sand slough off periodically without warning. It is over 1000 feet across and over 16 feet deep. The currents are ripping through the opening and are also creating currents wrapping around the inside of the bay. The ocean and the bay are at such odds with each other that tides cannot be reliably predicted right now. The situation in the harbor proper isn’t much better as the "On Time " Chappy ferry is having difficulty navigating the fast currents. This will be compounded once boating traffic increases.

Updated information is available at the Harbormasters website at www.edgartownharbor.com .

The Surfcasters were contacted because we have a reputation for acting in a responsible manner. There are no other fishing related groups that have a presence out here or that have the experience and reputation to make a difference in people’s behavior. Signs and informational materials will be going up in tackle shops and boat yards. So what can we do about making this a safer situation?

Surf fisherman and Courtesy patrol members;

Read the new signs that will be going up and remind people of the dangers

Signs and lifesaving equipment will be placed at Lighthouse Point, Chappy point and Memorial Wharf

Set a good example; wear your wader belts and PFD’s; don’t take chances and stay in the more stable areas of the shoreline. (Consider not wading in the vicinity of the break at all—this may be adopted as a temporary rule at NPB by TTOR). Many will be tempted to wade out to some of the bars that have set up.

Keep vehicles well back of the cut.

Speak up, politely, when tourists or visitors wander too close or decide that they need to get out there a few more feet to get closer to the big one.

Don’t fish alone and keep on eye on those who do.

Boaters

New buoys will be installed at the Harbor entrance and in front of the opening. Contact the Harbormasters office for updates on new rules and cautions. (www.edgartownharbor.com) or 508- 627-4746.

Currents are stronger that anyone realized they would be; vessel control problems are going to occur especially when summer visitors arrive. The harbor water platform will likely not be set up this year.

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Over the Sand Driving Tips

Most of us are familiar with driving conditions on the VY beaches but for our newer members and those that may have forgotten a few basics, here are a few over the sand driving tips.

1. First and foremost, reduce the pressure in your tires to 15 PSI, before entry to the beach. The pressure lessens damage to beach trails and promotes a softer more comfortable ride for passengers. It is also easier on the vehicle. Two or three lbs.. of pressure make a world of difference especially during the summer months so please don’t try to cheat the system by driving at pressures above 15 lbs.. Re-inflating takes just a few minutes the Trustee’s maintain a 24 hr lighted two hose re-inflation station at the My-Toi Gardens gate house and tires can also be re-inflated at the Dukes County Jail, Airport Mobil or Edgartown Auto. Please re-roll hose.

2. The Trustees patrol the beaches from 9:00 AM until midnight should vehicles encounter problems, but vehicle owners should maintain a minimum of the following gear in their vehicle. Low pressure tire gauge, shovel or trenching tool, tow rope or strap, and a jack board large enough to

support your jack base and the load of your vehicle.

3. If you do happen to get stuck, do not spin your wheels. Reduce the tire pressure to 10 PSI and try again. If you are still stuck, or your vehicle frame is on the sand, jack up the wheel, fill in the sand under the wheel, and attempt to back out. You may have to jack more than one wheel. Once you have extricated the vehicle, be sure to completely fill in all holes and tire ruts.

4. Vehicles should use existing trails to prevent damage to dunes and vegetation. Many trails are one lane only and turnouts have been provided at various locations. If you see a vehicle approaching, please exercise common courtesy and use the first available turnout to get off the trail to let the other vehicle pass. Years ago the unwritten rule of thumb at

the Cape was to allow vehicles exiting the area the right of way.

5. Vehicles should not exceed 15 MPH. Speed through marked bird nesting areas should be reduced to 5 MPH

Public Rights/Private Property  

Member Russ Lawrence ran down this information regarding the rights of anglers below the high tide line. The following information comes from a pamphlet published by the MA Office of the Attorney General and is reprinted without permission. We are providing a brief background and only the information that pertains to fishing. For more information about these issues, anglers should call the MA Office of Coastal Management at 617-727-9530.

“Few issues in Massachusetts can be counted on as such a regular source of conflict. One reason for this is that in the face of the overwhelming desire for people to use our beaches, our laws are not very “friendly” toward beach access. This is because 350 years ago, our forefathers gave away much of the public’s right to use the coastline in an attempt to spur the development of wharfs and maritime commerce. On top of that, our laws in this area are complex, confusing, and-to a certain extent that is surprising in light of centuries of court battles-uncertain.

The result is conflict. Those who own property along the coast clash with those who want to walk along it, even without either of them really knowing what their rights are. Indeed, sometimes police officers and other public officials called in to deal with this conflict are themselves unclear about the respective rights and responsibilities.             

We have tried to provide simple answers to commonly asked questions about the ownership of the coast. Our hope is that by informing the public of the law, we can move beyond needless conflicts and toward more consensual solutions to the beach access issue.”

 Q. “Someone told me that beaches are privately owned in Massachusetts all the way down to the low tide line. How can that be?”

 A. Each state has it’s own laws regarding who owns the land seaward of the high tide line, and in some states public ownership extends even higher. Massachusetts is different, however. The Massachusetts courts have consistently ruled that in the 1640’s we gave away title to the land between the mean high tide line and the low tide line to the adjacent upland owners. Therefore, this area-known as the ‘inter tidal zone’ or ‘wet sand area’-is generally privately owned in Massachusetts.  

 Q. “What are the rights that were reserved for the public?”

 A. The original laws that granted private ownership reserved the rights of “fishing, fowling, and navigation.”

 Q. “Since members of the public have the right to fish, fowl and navigate in the wet sand area, then they can do whatever fishing, fowling, and navigation they want to do there, right?” 

 A. So far, we’ve just been talking about ownership issues. Just as a private property owners rights are subject to reasonable regulation, the same is true of the public’s reserved rights. Thus, for example, the government may require shell fishermen to obtain all applicable state and local permits and to comply with applicable shell fishing regulations. And, of course, members of the public who exercise their public rights to use wet sand area must comply with other laws, such as the prohibition on littering.  

 Q. “I’ve heard people say that all I really need to do to ‘be legal’ is to carry a fishing line in my pocket?”

 A. Carrying a fishing line or a fishing pole would render your walking along the wet sands legal only if you actually intended to fish.

Q. Does the public have a right to use off road vehicles in the wet sand areas to gain access for fishing?”  

The Supreme Judicial Court has never ruled on whether driving an off road vehicle across private wet sand areas for the purpose of gaining access to fishing areas is included within the publics right to fish. In any event, the use of off-road vehicles may be regulated by the government.