Re: [Paddlewise] San Juan Islands DNR closures

On 9/9/01 11:06 AM, "Mike McNally" <mmcnally3_at_PRODIGY.NET> wrote:

> Isn't there a law about public boating access to beachs?  Doesn't extend
> to overnight does it?

Varies state to state and Canada is yet different.

In Washington State, the Reagan-like thinking at the turn of the last
century led to a decision to sell the beaches to private parties as a way of
raising money and lowering taxes. When Washington became a state the beaches
were in public hands. Of course it was a one time deal, like cutting old
growth timber, but it raised money. And it screwed over the public forever
in the future because they gave up their rights to the beaches for a few
dollars. (Sort of feel like an American Indian). A few beaches were not
bought and remain in the public's domain. Belatedly, the decision was made
not to sell anymore. Surrounding land owners tend to make it difficult to
find and access these few spots. (Tear down signs etc)

Now that they are (for the most part) sold and in private hands you (the
public) do not have much in the way of rights. When the tide is in, you are
allowed to kayak OVER the submerged beach. When the tide is out you cannot
walk on the land without trespassing.

Does not matter if you are  spending the night or spending just a few
minutes.

Some have tried to create an argument that the beaches are walkways
historically and there should  be a right to continue to walk on the old
"trail". That would cover just moving along the beach.  I do not believe
this has ever been adjudicated.

Many private parties own only to mean low water. So on an extreme low tide
you might have rights to a few minutes on the land.

The San Juans are a beautiful set of islands but increasingly the owners are
making it difficult for kayakers to use. Ever since I was a kid in the 50's
many landowners actively chased away boaters. It has gotten worse and there
have been various tactics used to make it difficult for kayakers to launch
in the islands. I am sure that landowners can tell you bad stories about the
public using their land. A certain percentage of the public always behaves
in an uncivilized way. And the more people there are, the greater the
tensions.

In British Columbia the beaches remained in the public domain. This is one
reason that waterfront is a lot cheaper in Canada. You cannot keep the
public off. Also the beach ends at EXTREME high tide which means that most
of the time there is at least a strip of public land.

As I would understand it, there is nothing that would keep you from setting
up a tent in this little strip but I could be wrong. Just because land Is
public does not mean necessarily that you can camp there.



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