Drones, Phones, Boards, and Bills: How Law and Tech can Ensure Recreational Coastal Access Under a Changing Climate and Coastline
摘要
Some level of coastal access is required to engage in surfing. Therefore, protecting coastal access should be a priority for protecting surf breaks. But coastal access is threatened by development, conflicting coastal uses, and the effects of climate change, such as rising seas and eroding shores. One response to these threats has been to pursue legal protections for coastal access to surf breaks, or to embrace ancient legal doctrines that might ensure access, such as the public trust doctrine. However, laws and policies rely and thrive on predictability and fixed property lines—two things that coastlines notoriously are not. This chapter examines these issues as well as potential technological advances that can support laws that protect coastal access for surf breaks. For example, a coastal private property owner might claim that it can exclude a surfer from a coastal access point because the access footpath is on their private property. New technologies, such as drones and other camera documentation of a coastal location can help refute these claims of privatization. Further, laws themselves, which are typically reactive instead of proactive, could also be modernized to include principles of adaptive management and to account for shorelines and sea levels that shift. This chapter considers and examines these and other instances of how technology can assist and improve protection of coastal recreational pursuits, such as surfing.