I moved to the Vineyard in 1966 and have been passionate about fishing from the beaches for more than 35 years. Over the years, I have seen many changes on the Island and have been especially affected by the loss of access to too many of these beaches. In last Friday’s Gazette there was an article about House Bill 254, “Where sea level rise, storms, or other natural processes have caused the landward or lateral movement of a barrier beach into an area which was previously occupied by the bottom of any Great Pond or onto any other public land, the portion of the barrier beach relocated into the former bottom of the Great pond or onto other public land shall be and remain in public ownership.”

The issue was portrayed as part of a fight between some wealthy landowners on one of the Vineyard’s Great Ponds. It seems to me that this bill is critical in protecting and expanding public access to some of our south shore barrier beaches. A large population of the Island community, residents and visitors, is made up of families that for a short season enjoy fishing, birding, clamming, crabbing, canoeing, kayaking and for some, just enjoying a beach walk.

I felt like I had to speak to this very important issue for many reasons, one of them being that I am a charter member and past president of the MV Surfcasters. Our mission statement is: “. . . to encourage the sport of surfcasting; to gather for entertainment and good fellowship; to promote and uphold sound conservation practices and laws, and to see that these laws are properly carried out by members; to further good sportsmanship; and to seek and protect public access to fishing areas on Martha’s Vineyard.” (A. Spofford, 1989.)

Recently this bill was introduced by Rep. Frank Smizik who is chairman of the House Committee on Global Warming and Climate Change. Many lawmakers have expressed agreement on the merits of the bill and it has received a favorable recommendation after public hearing from the House and Senate Joint Committee on the Environment, Natural Resources and Agriculture with strong support from leading environmental groups.

In a recent Massachusetts Land Court case the judge ruled that when a barrier beach moves from the property of one landowner (landowner A) to the property of another landowner (landowner B), landowner B becomes the new beach owner. This new legislation would clarify the existing law so that when a barrier beach moves into public property it is and remains public. Accordingly, if the beach moves from landowner A to landowner B and the landowner B happens to be the commonwealth of Massachusetts, the Commonwealth has the same ownership rights as a private person or entity, for the benefit of the public.

Why is this important? Global warming and increasing climate change are causing the sea levels to rise, the shoreline to alter and its barrier beaches to move, meaning this will become an ever more frequent occurrence. The legislation ensures that the public is treated the same way as a private owner, which is only fair, and creates an important opportunity to protect public access to beachfront property as a result of Mother Nature, avoiding costly litigation to accomplish the same worthy goal and doing so without an eminent domain taking cost to the taxpayers since it results from a natural act of God.

The specific language of the legislation deals with migration of barrier beaches into Great Ponds. According to Massachusetts law, Great Ponds, defined as ponds of 10 acres or more in size (with the exception of a few ponds that were conveyed to private owners before 1641, many of which are in Nantucket) are owned by the commonwealth. The bill does not affect most of the present coastline, but it does help clarify what happens where a beach moves into public property. The law also prevents private owners from taking away public rights. Under long established Massachusetts law, the bed or former bed of a Great Pond is publicly owned. This legislation will confirm that when a coastal barrier beach moves into the bed of a Great Pond, the commonwealth retains ownership and the public has full access to that beach. House Bill 254 will not change the Massachusetts existing law or have any other impact on property rights, beyond clarifying this one situation — one that will occur more often with coastal erosion and sea level changes.

Massachusetts beaches and Great Ponds are among our most precious natural assets. In 48 of the 50 states, beaches are treated as public. Massachusetts and Maine are those two states that allow beaches to be private. This bill would allow a responsible agency such as the land bank to care-take these unique assets. Preventing privatization of those few beaches is a worthy cause, one that is widely supported. I feel that this bill deserves speedy approval.

Janet Messineo is a fisherman and saltwater taxidermist who lives in Vineyard Haven.