Beach / Fishing Access

We wish to thank Jim Smarr, RFA Texas Chapter for initiating the meeting with the Land Commissioner in Austin last week. We had five organizations. RFA, TOBA, SCA, TKF, and Surfriders in attendance to voice their discontent with the GLO's handling of the coastal issues and diminishing vehicular beach access. We each voiced our total dissatisfaction with the GLO's handling of coastal issues and public access and also offered up some new ideas for the Land Office to consider or to support us in. We feel we will have a better working relationship with the GLO. TOBA will be touring the entire Island with the deputy commissioner and two other GLO reps tomorrow.

It is the position of RFA / TEXAS that access to fishing areas is a critical element of the rights of the recreational angler. This includes access by foot, motor vehicle and boat, to our beaches, shorelines, bays, and estuaries. We are fighting to preserve those rights for the current and future generations of coastal anglers.

Unfortunately, the ability of the people to access their beaches is being threatened more and more as time passes and more coastal areas are subjected to development. We currently are deeply involved in Beach Access Issues, and are prepared to submit the matter for Judicial Review.

According to the Texas Open Beach Act, any current access that is restricted must be replaced by equal or better access. What better access can there be than total open (including vehicular) access? Anything less constitutes not only a violation of the letter and the spirit of the Open Beaches Act, but it is also a violation of the Americans With Disabilities Act (ADA), a federal law, and the Equal Protection Clause (Section 1) of the Fourteenth Amendment to the U. S. Constitution.

Jeff Hill
Regulatory Branch, CESWG-PE-RE
U.S. Army Corps of Engineers
P. O. Box 1229
Galveston, TX 77553-1229

Re: Permit Application Number 23863

Mr. Jeffrey Hill,

I am writing to the ACOE as State Chairman of Texas Recreational Fishing Alliance, Texas Chapter, to comment on the Centex permit application #23863.

I am writing to express my objection to the permit application, 23863, submitted by Centex Destination Properties to fill and dredge wetlands and the bay bottom for the purpose of constructing a marina. I request that these comments be made part of the public record for this application process. I would also like to request that the ACOE hold a public hearing regarding Centex permit application #23863.

The area in question is adjacent to a vital natural pass. It is a volatile area that could suffer severe damage in the event of a hurricane. Dredging for a marina and a channel leading to it would not be a one time event. This area near the San Luis Pass is ever changing and dredging would be a constant maintenance project. This particular area of land has been covered by high tides at different times, without a hurricane hitting. I believe that the ACOE should hold a public forum and invite the geologists from the Bureau of Economic Geology, University of Texas, to show maps and historical information to better understand the hazards of such development in a flood prone area.

Seagrass was planted in this area just a few years ago. I do not believe that these efforts should be destroyed, but protected from dredging. I believe an impact study is called for because of the seagrass planting, the dredging, and wetlands destruction, and the impact on the water quality. There are far too many concerns not to perform an environmental impact study.

FM 3005 is the only highway off of the west end in the event of a hurricane. It is the evacuation route for those who live on the west end. Centex should have to show how their project will not jeopardize this only route for evacuation.

Thank you,
Jim Smarr

Chairman, Recreational Fishing Alliance, Texas Chapter

1-361-463-1558

How about we close your favorite bay to boats, install a couple of piers & tell you no one is interfering with your right to fish ?

We fully support, and are working with, our friends at Texas Open Beaches Advocates (T.O.B.A.), a group of Texans who are concerned about maintaining the rights of the people of our state to access our beaches. We urge our members to visit their website and to consider joining and becoming actively involved with T.O.B.A. and contributing to that important cause.

On 6/24/03, the City of Galveston Planning and Zoning Commission voted to approve the long-awaited Beach Access Plan that would over time, close many Galveston beaches to vehicular traffic and would unduly restrict reasonable public access. The plan was sent on to the City Council for consideration. If approved by the City Council, it will be sent to the Texas General Land Office for review and approval before implementation.

RFA / TEXAS considers this proposed plan to be in direct conflict with both the letter and the spirit of the Texas Open Beaches Act, and unacceptable to the recreational angling community. We will continue to fight for a fair and equitable solution. . of RFA / TEXAS addressed the Commission and spoke out against the proposal. Click here to view his remarks.

Click here to view the text of the letter from the Texas General Land Office to the Galveston Planning and Zoning Commission following the June 24, 2003 meeting.

Click here to view "The Case of the Open Beaches" , a letter by the late Robert C. Eckhardt. This interesting letter tells how the Open Beaches Act originated, and illustrates the spirit and intent behind that law.

For a clearer understanding of the agenda of Texas Land Commissioner Jerry Patterson, click here to view
"Special Report From Jerry Patterson". This article was published in Plain Talk From The Texas Hill Country, prior to his election to office in 2002. Particularly troubling is his remark:
"If I am elected, I will not be idle. After a series of public hearings along the coast to build consensus, legislation will be proposed to protect the Act and private property rights by adding clarity and specificity. I look forward to the challenge".

Click here to view "TOBA President Comments On Beach Controversy" as published in the Aug 7, 2003 edition of Guidry News Service On - Line Forum.

To donate to the T.O.B.A. Legal Fund, send your check to TOBA, 6126 Sea Isle, Galveston, Texas 77554
*** Click here to learn more about the Matagorda Issue. ***

"Usually, terrible things that are done with the excuse that progress requires them are not really progress at all, but just terrible things."
-Russell Baker

The City of Galveston has been non - compliant with the letter and spirit of the Texas Open Beaches Act since the law first became effective. Now, to compound matters, the City has bowed to the wishes of politically connected developers, realtors, and investors who stand to make millions of dollars if they can "privatize" the beaches of Texas. They have been working to undermine the public's beach access for a very long time.

As if this were not bad enough, the Lower Colorado River Authority has decided to unlawfully restrict beach access in the Matagorda area, with the creation of the Matagorda Bay Nature Park and Preserve. If these situations are allowed to continue unchecked, we will lose our beach access statewide.

Texas Open Beach Advocates, (TOBA), a group of Texans who are concerned about maintaining the rights of the people of our state to access our beaches, was formed in March 2002, and has been valiantly fighting the beach access battle ever since.

In the summer of 2002, RFA / TEXAS was formed. Being an organization deeply concerned with the rights of recreational anglers, including the right of fishing access, we immediately began supporting TOBA with the limited resources our young and growing State Chapter could muster. Our representatives drove many miles in inclement weather, at personal expense, to speak out at meetings of the Planning Commission. We publicized the issue on our website and urged our membership to consider joining and contributing to TOBA. We did not do this to gain attention, nor to increase our membership. We did it because it was the right thing to do.

On 6/24/03, the Galveston Planning and Zoning Commission voted to approve a plan that not only further violates the law, but unfairly and unduly restricts the rights of the public to access and enjoy the beaches that belong to ALL of us.

We at RFA, having fought for the rights of recreational anglers long before the Texas Chapter was founded, understood that this would be a protracted battle, and that the ultimate outcome of the Beach Access Rights Issue would probably be decided by the courts. This is exactly how it would best be determined, as a victory at the Appellate Court level could establish case law favorable to our cause, and permanently settle the issue statewide. Such a legal battle would be expensive, but well worth it.

TOBA fought the good battle necessary at the City Planning Commission level, causing our opposition to commit many tactical and legal errors which will come back to haunt them. There are numerous legal issues, both State and Federal, which we believe will be reversible if judicial review is necessary.

It is still necessary to carry the battle on to the Galveston City Council and the Texas General Land Office (GLO). Not only will these battles likely generate more potentially precedent setting legal issues, but it is still possible that an acceptable compromise can be reached that will make it unnecessary to carry the Galveston issue into the court system. The GLO has already indicated that they have reviewed the unfair plan and will not approve it as written. The restriction of vehicular access seems to be their greatest concern.

Does this mean we can breath a sigh of relief, rejoice, let our guard down, and sit around and wait for GLO to come to our rescue before an aggressive legal funding campaign is mounted? Absolutely NOT ! It is extremely important that the TOBA war chest contain sufficient funds to be ready to file legal action immediately, in the likely event that GLO approves a still unacceptable plan. We must not be lulled into a false sense of security. Much legal research will be required in advance of any legal action, and that can be quite expensive. It will be important that ALL parties understand that the funding is in place, and our will to use it is firm. We must also remember that the Matagorda Issue still looms, and may require legal action.

In any event, it is likely that further vigorous opposition to this unfair plan will cause reluctance on the part of potential future developers to become involved in the contentious arena of beachfront development. Developers and investors are loath to become involved in issues generating lawsuits, injunctions, bad publicity, and long delays, tying up their money.

The next necessary step, while the battle is being waged at the City Council and GLO levels, is to begin an earnest campaign to generate the contributions needed for forthcoming legal action. We will report further on this fund raising campaign as matters unfold, and will advise how YOU can help TOBA generate the necessary funds.

For the moment, take heart in the knowledge that not only has this battle not been lost, we are actually winning. We have the opposition exactly where we want them. They are now on the defensive. We are on course, on glide path, and on schedule. Stay tuned for further developments.

"Never believe that a few caring people can't change the world. For, indeed, that's all who ever have."
Margaret Mead

As elements of these issues approach critical mass and become time sensitive, they will be highlighted with **, alerting you to check our "RFA / Texas Minuteman" page to learn what immediate action YOU can take to help assure an outcome favorable to the recreational angler.