Hi Seth. Amusing, and indeed factual as far as you go…
But for one thing, I think you’ve forgotten how to fish! It is not necessary to have a rod (or a net, or a spear)in order to fish. You should know that any good surf fisherman has to scout the area during the daytime before he goes back at night to fish the holes. Oh, and kids in tow? No problem, the more eyes the better! No rod necessary for scouting. It’s a part of the fishing experience.
As to the fowling “piece”(no pun intended). Scott Harshberger, back when he was Attorney General put out a publication in which he said that the state office would defend birdwatching as a form of fowling. Therefore a pair of binoculars, or if you like, just your bare eyes would suffice under that definition of birding/fowling. Again, no problem bringing the kids birding. People would also do well to remember that simply being in possession of a gun and or a license to carry it does not make up for the fact that Massachusetts law forbids discharging of a firearm within 500 feet of a home, which would basically preclude your right upon most of Cape Cod’s beach territories
Also, and finally for this comment, why is navigation requiring of a boat? Back in colonial times the beach/tidal zone was known as “the great highway”. It was the firmest ground on Cape Cod by which a person(s)could travel, using ANY means of conveyance, including his or her own feet, to move litorially from one point along the shoreline to another.
I believe that there is much that a person can inform an “accosting” private property owner about his public tidal zone rights that should suffice in that moment! I myself have personally done so on many occasions and would be happy to relate these points to a magistrate if ever brought into court to make the case on my behalf. Note that the property owners I’ve encountered have, in every instance decided not to prosecute when I’ve informed them of my rights! (Note: it can certainly prove useful to have a copy of the colonial ordinance in your pocket when traversing so-called private property along the shoreline…)
Any lawyer who defends these rights should be able to make the same arguments.
Of course, it would probably be easier to make these points if one were, in fact, the incarnation of Whitey Bulger!!!
When I first learned of this law, I heard it was originally enacted by Anglo colonials to keep Wampanoag and other Native peoples off the beaches. Is there any truth to this? I didn't know the part about building piers -- though it does seem that the two purposes might be compatible.
Interesting question Susanna. My research suggests economic incentives/pier construction, copied from property law in the old country, was the driver. But surely Native people were among those to be kept off and pushed off, and not just from intertidal lands.
Hmmm. Didn't know this story but I do have. a license to carry. Got rid of my gun, can I use a toy pistol? This is probably the only part of Florida I agree with - the beaches can be accessed without stickers. I believe it's been talked about before - but there should be a Cape Cod sticker so that we can go to any beach on the Cape. And walk the beach!
Hi Seth. Amusing, and indeed factual as far as you go…
But for one thing, I think you’ve forgotten how to fish! It is not necessary to have a rod (or a net, or a spear)in order to fish. You should know that any good surf fisherman has to scout the area during the daytime before he goes back at night to fish the holes. Oh, and kids in tow? No problem, the more eyes the better! No rod necessary for scouting. It’s a part of the fishing experience.
As to the fowling “piece”(no pun intended). Scott Harshberger, back when he was Attorney General put out a publication in which he said that the state office would defend birdwatching as a form of fowling. Therefore a pair of binoculars, or if you like, just your bare eyes would suffice under that definition of birding/fowling. Again, no problem bringing the kids birding. People would also do well to remember that simply being in possession of a gun and or a license to carry it does not make up for the fact that Massachusetts law forbids discharging of a firearm within 500 feet of a home, which would basically preclude your right upon most of Cape Cod’s beach territories
Also, and finally for this comment, why is navigation requiring of a boat? Back in colonial times the beach/tidal zone was known as “the great highway”. It was the firmest ground on Cape Cod by which a person(s)could travel, using ANY means of conveyance, including his or her own feet, to move litorially from one point along the shoreline to another.
I believe that there is much that a person can inform an “accosting” private property owner about his public tidal zone rights that should suffice in that moment! I myself have personally done so on many occasions and would be happy to relate these points to a magistrate if ever brought into court to make the case on my behalf. Note that the property owners I’ve encountered have, in every instance decided not to prosecute when I’ve informed them of my rights! (Note: it can certainly prove useful to have a copy of the colonial ordinance in your pocket when traversing so-called private property along the shoreline…)
Any lawyer who defends these rights should be able to make the same arguments.
Of course, it would probably be easier to make these points if one were, in fact, the incarnation of Whitey Bulger!!!
https://digitalcommons.uri.edu/ma_etds/151/
"Who Owns the Beach in Massachusetts?"
get the facts straight.
When I first learned of this law, I heard it was originally enacted by Anglo colonials to keep Wampanoag and other Native peoples off the beaches. Is there any truth to this? I didn't know the part about building piers -- though it does seem that the two purposes might be compatible.
Interesting question Susanna. My research suggests economic incentives/pier construction, copied from property law in the old country, was the driver. But surely Native people were among those to be kept off and pushed off, and not just from intertidal lands.
Hmmm. Didn't know this story but I do have. a license to carry. Got rid of my gun, can I use a toy pistol? This is probably the only part of Florida I agree with - the beaches can be accessed without stickers. I believe it's been talked about before - but there should be a Cape Cod sticker so that we can go to any beach on the Cape. And walk the beach!
The gun part is starting to appeal to me.
Good one, Seth