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From: Mike McNally <mmcnally3_at_PRODIGY.NET>
subject: Re: [Paddlewise] San Juan Islands DNR closures
Date: Sun, 9 Sep 2001 13:06:21 -0500
On Fri 07 Sep 2001, elias.ross_at_openwave.com wrote:

> Matt Broze wrote:
> > 
> It doesn't seem like in the interest of
> the people of the San Juan Islands (who are often reclusive rich folk)
> to offer campsites to kayakers, who offer them no economic benefit. 


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

-- 

Mike McNally		mmcnally3_at_prodigy.net

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From: Robert Livingston & Pam Martin <bearboat2_at_home.com>
subject: Re: [Paddlewise] San Juan Islands DNR closures
Date: Sun, 09 Sep 2001 22:28:06 -0700
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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From: Mike Wagenbach <wagen19_at_yahoo.com>
subject: Re: [Paddlewise] San Juan Islands DNR closures
Date: Mon, 10 Sep 2001 12:15:01 -0700 (PDT)
--- Robert Livingston & Pam Martin <bearboat2_at_home.com> wrote:
> 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)


The information is pretty readily available, however.  The state
publishes a book, _Washington Public Shore Guide_, I think is the
title, which is pretty useful.  Published in 1986, but hopefully
nothing has changed since then regarding state ownership.  I also
picked up a map several years ago which was a combination topo and road
map of the San Juans with the public beaches labled and their extent
marked  (the state book is not so good about showing the endpoints of
the public beach).  Don't have it on me to check the name of the
publisher, but I could check at home.

The main problem is that few of these have upland access for use as a
put-in, or camping space. 

I make a note of the beaches that might be useful on my chart, so if I
need to land I can hopefully choose a legal site.  The few times I've
done this, no one has ever confronted me, but if they did, my plan is
to pull out my phone and say  "this is state beach #221A, so if you
have any problem, I'll be happy to call the cops."


=====
Mike Wagenbach
Seattle

"Watch out, those monkeys bite!"

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From: Robert Livingston & Pam Martin <bearboat2_at_home.com>
subject: Re: [Paddlewise] San Juan Islands DNR closures
Date: Mon, 10 Sep 2001 20:19:52 -0700
On 9/10/01 5:43 PM, "Alder Creek Kayak & Canoe" <aldercreek_at_qwest.net>
wrote:

> There is another great book out there called San Juan Islands, Your Public
> Beaches, published by the State of Washington, DNR.  It was originally
> published in 1985 and is currently out of print.

When the DNR originally came out with the plan to list the beaches, the San
Juans were done last because as I understand it there was political pressure
to delay or even not do it at all. But people and government were more
"radical" at that time and the project went forward.

Unfortunately this is out of print but I am not surprised. This should be
published on the the Internet where it could be updated at low cost. In any
case, the situation should not have "changed" because the basic decision not
to sell any more public beach has I believe been maintained.

Originally, DNR tried to mark these beaches with special buoys. They did not
last long. Nature and locals took care of them.

Water access to Lake Washington is similarly restricted by people
landscaping road ends etc into obscurity.

I live by a waterfront wildlife refuge in Federal Way. The signs indicating
the public access point do not last long. There are, of course, two sides to
the story. The drunk and obnoxious littering minority of the public
obviously show up to keep tensions high and to keep people's liberal
inclinations under control.

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From: Matt Broze <mkayaks_at_oz.net>
subject: Re: [Paddlewise] San Juan Islands DNR closures
Date: Tue, 11 Sep 2001 19:44:47 -0700
Mike McNally <mmcnally3_at_PRODIGY.NET> wrote:

>>>>>>>>>On Fri 07 Sep 2001, elias.ross_at_openwave.com wrote:

> Matt Broze wrote:
> >
> It doesn't seem like in the interest of
> the people of the San Juan Islands (who are often reclusive rich folk)
> to offer campsites to kayakers, who offer them no economic benefit.
<<<<<<<<<

I did not write this, but the above quote makes it seem like I did.

Mike Wagenbach wrote:
<SNIP>>>>>>>The information is pretty readily available, however.  The state
publishes a book, _Washington Public Shore Guide_, I think is the
title, which is pretty useful.  Published in 1986, but hopefully
nothing has changed since then regarding state ownership.  I also
picked up a map several years ago which was a combination topo and road
map of the San Juans with the public beaches labled and their extent
marked  (the state book is not so good about showing the endpoints of
the public beach).  Don't have it on me to check the name of the
publisher, but I could check at home.<<<<<<SNIP>

The DNR (Dept. of Natural Resources) published "Your Public Beaches" for
both the San Juan Islands and the Straits of Juan de Fuca and (I believe)
also published that map of the San Juans you have. I used to take them with
me on paddles so I could know where I could land. Also, if I was confronted
I figured I could apologize for mistaking their land for a public beach,
pull them out and ask the landowner to point out where I was on the map. I
figured that would be a non-confrontational way to get them to look at that
map. I never needed to do this, as well, but I suspect that the publication
of these booklets back in 1986 was a major factor that mobilized the
landowners to find ways of limiting the kayakers that could access their
newly discovered public beaches (that the landowners had previously treated
as their private property) by closing the kayak access points near the ferry
terminals at Lopez, Shaw and Orcas Islands. Many of the beaches in the San
Juan's are public up to the mean high tide line. Essentially that means
those beaches could be accessed at any time the tide was not up into the log
line. Camping would not be legal even on the sand though if the area was not
designated as a camping area.
I think one of the main problem landowners would probably have with kayakers
was the reason many of them chose to land. Most seeking to relieve
themselves probably wouldn't do so on the low and level sands (in full
visibility) but would rather trespass to a more private place.

I suspect that Dave's plywood kayak was resonating more like a guitar than a
flute.

Matt Broze
http://www.marinerkayaks.com



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