Bill to clarify need for NJ beach badges for surfers, fishermen

🌊 A bill clarifies that surfers and fisherman can use the beach without a beach tag

🌊 Surfers and fisherman don't need a tag to enter the water by state law

🌊 Issue pushed into spotlight in August

A proposed bill from a Jersey Shore assemblywoman would settle the issue of whether or not a surfer or fisherman needs to have a beach tag to gain access to Jersey Shore beach.

The issue was pushed into the spotlight in August by a viral video of a surfer being handcuffed by a Belmar police officer on a beach. The initial video showed surfer Liam Mahoney, of Junction City, California, handcuffed on the beach with Belmar police officers. He scuffles with the officers and winds up face down in the sand as a woman screams at the officers about Mahoney having a beach badge.

Belmar Police Chief Tina Scott released full body cam video of the incident that shows Mahoney not complying with an officer's request to show identification or his badge. Mahoney insisted that as a surfer he did not have to have a beach badge. The officer followed Mahoney toward the boardwalk where he was cuffed.

The officer cited N.J.S.A. 40:61-22.20 which allows beaches to charge all who use the beach for badges. There is no exemption for surfers, according to Scott in her statement.

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Different interpretation of the law

Assemblywoman Margie Donlon, D-Monmouth, a surfer for 20 years, said surfers and fishermen can enter the water but that the law is interpreted differently when a beach is involved. A bill proposed by Donlon would create an exemption.

"That's what called for this bill: to clarify this and and hopefully prevent something like what happened in Belmar from happening again," Donlon told New Jersey 101.5. "Surfers and fishermen should be allowed access to walk to the ocean waters and to the wet, sandy shoreline below the mean high tide line."

Donlon said the bill protects those who go to the beach to specifically surf or fish.

"I'm going with my family and part of the activity of the day includes sitting on the beach and coming in-and-out of the ocean to surf —that's not part of this bill," Donlon said.

The bill was referred to the Assembly Tourism, Gaming and the Arts Committee for a future hearing.

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