423 



of our public beaches. All this amendment says is that nothing in this 

 act shall be construed as impeding that fundamental freedom. 



Mr. Chainnan, I ask for approval of this amendment. 



Mr. Lennon. Mr. Chairman, will the gentleman yield ? 



Mr. Gonzalez. I yield to the gentleman from North Carolina. 



Mr. Lennon. Mr. Chairman, will the gentleman define for us the 

 legal definition of "public beaches" for the benefit of those of us who 

 are trying to relate this to this bill ? 



Mr. Gonzalez. My interpretation of the phrase "public beaches" 

 would be those areas along our beach line or coastal areas which are 

 accessible and have been traditionally and legally accessible to the 

 public. 



Mr. Lennon. In other words, where they have conveyed to the 

 mmiicipalities, say, from the residential line to the low waterline for 

 public use, such as we have in so many places. 



Again, please, will my friend define "beach line," what he has in 

 mind about beach lines and coastal areas ? 



Mr. Gonzalez. That is in my opinion just a refinement or further 

 definition of public beaches and public beach lines to make sure we are 

 talking about the coastal areas and access to those beach lines existing 

 along the coastal areas. 



Mr. Lennon. It has been suggested to me that this is perhaps not 

 the appropriate type of legislation for this bill. I have no pereonal 

 objection to it, myself, since the gentleman defines, as he has, public 

 beaches and beach lines. 



I thank the gentleman for yielding. 



Mr. MosHER. Mr. Chairman, will the gentleman yield ? 



Mr. Gonzalez. I yield to the gentleman from Ohio. 



Mr. MosHER. Undoubtedly the gentleman in the well has good inten-^ 

 tions, but it seems to me his amendment as now worded would open 

 up all sorts of horrendous possibilities which might completely work 

 against the purposes of the act, our purpose to responsibly protect tlie 

 coastal zone areas. 



When it is said, "free and unlimited," though I am no attorney, it 

 appears that almost abolishes Federal/State/local criminal laws or 

 safety regulations. 



To mention a few possibilities : 



What about trespass legislation, and zoning laws? How about the 

 question of the Interior Department levying certain reasonable fees, 

 as it does in national parks ? What about the regulation of automobiles, 

 traffic, and access ? 



It seems to me this is a terrific can of worms ; and, speaking of a can 

 of worms, what regulations would we have about fishermen as opposed 

 to bathers on these beaches ? 



Mr. Gonzalez. In the context of the act itself, it has nothong to do- 

 with police or regulatory authority, or duly constituted political sub- 

 divisions that do exist along the coastal areas, and the gentleman's fear 

 there would be based on an unreasonable interpretation of that phrase. 

 _ As I look upon it, the activities that would be called for are sanc- 

 tioned by the bill itself we are considering. My amendment would 

 simply mean that no present citizen right of access which is unlimited 

 in the legal sense of his ability to get to the beach shall be considered 



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