Discussion of the issue of public access to beaches is usually focused on the sense of exclusion that some people have from the hotel beaches which are also some of the better beaches in Jamaica. There are also at present few operational public bathing beaches and commercial recreational beaches. 

The problem was expressed as follows in a letter to the Beach Control Authority in 1973 : "It is a matter of concern that hotels, which are supposedly open to the public, are allowed to pursue an undisguised policy of trying to exclude the public from their beaches in such ways as failing to provide changing facilities; placing excessive charges on the use of the beach; and using their staff to intimidate the public. Although hotels are under law open to the public, in practice their beaches really are not." 

The arguments on the other hand are that opening the beaches would hurt tourism, particularly the "all inclusive" hotels. It has also been suggested that some uninformed people might feel that if the Crown owns a beach, they have a right to reach that beach through private property. 

While it may be agreed in principle that there should be far more liberal access to beaches by Jamaicans, the subject of beach access is complex. The arguments for or against expanding opportunities for beach access can rest on considerations of law, policy, market economics, and a host of social issues. 

In terms of definitions, beach and foreshore are commonly confused. If the foreshore is the strip of beach between mean tides, it could be a very narrow strip, and would be inaccessible during periods of high tide. When most people refer to the beach, and to beach access, they are likely referring, not only to the foreshore, but also to the dry sand portion between the primary dune or vegetation line and the water line. In Jamaica, unlike the situation elsewhere, the dry sand portion of the beach is generally private property. It has been pointed out that Jamaica is one of the few countries which allows private ownership of beach lands. 

Also, unlike some other Caribbean islands (e.g. Antigua, Barbados) Jamaica has few long continuous stretches of beach which can easily accommodate large numbers of people. Many of Jamaica's best beaches are "pocket" beaches of a few hundred metres length or less. There is a public perception that most of the best of these beaches have been acquired for exclusive use by hotels. Notwithstanding their size, most of these beaches can be opened to wider use if properly managed. 

The effect on tourism of having open access to all beaches has never been objectively established. Club Med beaches in the Caribbean are open, as are beaches used by "all inclusives" on other Caribbean islands, without ill effects on their operations. The situation should be no different in Jamaica. 

While there have been incidents of tourist harassment and drug pushing, the problem might be better solved by regulatory measures, better monitoring and educational campaigns than by denying Jamaican people the right to have access to their own foreshore. 

Reference has already been made to the original practice of the Beach Control Authority of issuing licences giving exclusive use of the foreshore and floor of the sea, usually for 25m (75 feet) to seaward of high water mark. This permitted the property owner/licensee to deny access to other users of the beach and sea in their licensed area. Although no new exclusive licences are being issued many of those already granted have been renewed and remain legally in force. 

In the contemporary context, exclusive licences such as prevailed under the Beach Control Authority are unacceptable and alternative mechanisms must be provided to permit residents of Jamaica access to the best beaches while at the same time giving property owners some measure of control over the use of facilities. 

An additional issue of concern is nude bathing and the provision of special places for this by some property owners. The practice of appearing nude in public places is offensive to some persons, particularly many who bring small children to the beach. At the same time, those who obtain satisfaction from nude bathing at the beach should not be denied the right to do so. This issue can only be resolved by the practice of setting aside limited areas for nude bathing, preferably in secluded places. Such places should be specially licensed for the purpose and general beach regulations should prohibit nude bathing elsewhere. 

The NRCA needs to determine whether the conditions attached to licences are being complied with through regular monitoring. Some licence holders seem to ignore conditions as, for example, in constructing fences that extend onto the foreshore, or otherwise discouraging public access to the foreshore. 

The particular factors which must be taken into consideration, are: 

Traditionally, lifeguards have primary responsibility for safety in the water, but since operations on a beach involve other issues of safety and orderliness, steps might be taken to appoint beach wardens. These wardens could be trained lifeguards but would be mainly responsible for monitoring activities on the beach as a whole. 

Matters concerning safety equipment, lifeguards and beach wardens have financial implications which cannot be met on every beach in the island. Beaches without such facilities should remain open to the public but covered by adequate warning signs. 

Safety issues related to snorkelling and diving (for recreational purposes or fishing) require further consideration. The agencies involved including the Jamaica Tourist Board, Fisheries Division and the NRCA will establish a mechanism which will involve the operators of enterprises and the diving fraternity in joint action for improved safety. 

Safety regulations for beaches already exist under the Beach Control Act. These may require modification to meet contemporary needs. 

A new lifeguard programme has been developed that meets international standards. This programme was developed through the collaborated effort of the Tourism Product Development Company (TPDCo), the Royal Life Saving Society of Jamaica (RLSS), and the Natural Resources Conservation Authority (NRCA). 

As noted above (Status of Beaches) few of the public bathing beaches are equipped with functional toilet and changing room facilities and the majority of these beaches are in a state of disrepair. 

In addition to the safety facilities mentioned above, a fully equipped public bathing beach should have changing rooms, washrooms, toilets, parking facilities for cars, garbage disposal facilities, security and in some cases, refreshment kiosks. Fully operational commercial beaches and hotel beaches are required to have these as a part of their commercial operation. Parish Councils which operate beaches for public use should be encouraged to provide such facilities as far as possible. 

Four different types of beach management are envisaged: 

1. High profile hotel beaches managed in conjunction with hotels 
2. Commercial beaches managed for profit (e.g. Doctor's Cave in Montego Bay) 
3. Parish beaches for which a charge is made to cover operational costs 
4. Parish beaches for which no user fee is charged

Because of the commercial nature of the operation, there are unlikely to be serious management issues in respect of a and b. 

Parish beaches, operated on a non-profit basis may present management problems unless every beach can be provided with a beach warden/lifeguard. Discussions will have to take place with Parish Councils aimed at ensuring comparable standards of management of parish beaches throughout the island. 

There will also be need for consultation with communities on development proposals for beaches to be leased to commercial interests. 

Management issues common to all beaches include: 

A matter of special concern to the NRCA as a regulatory agency, will be to ensure that all beaches are properly managed on a non-discriminatory basis, that beach regulations are adhered to and that issues of safety, waste disposal and beach maintenance are being properly addressed. To this end, the NRCA may find it appropriate to appoint a full time beach inspector with enforcement powers. 

The approach of seeking to cater to each individual pattern of user has resulted in the virtual partitioning of the coast. The erection of fences on some hotel properties has reinforced the impression of exclusion of Jamaicans from certain beaches. The construction of fences across the foreshore is not permitted and compliance with this has to be monitored. 

In many parts of the island, magnificent views of the sea are freely available along coastal roads. In recent years, however, several roads have been diverted in order to accommodate resort developments which have sought to obtain exclusive use of the sea and the beach. 

While it is recognised that the attractiveness of such resorts can be enhanced through the exclusive availability of the view of the sea and the use of the beach, it is considered important that the public should not be deprived of the view of the sea nor the opportunity to stop by the seashore. 

It is felt that development on the seaward side of coastal main roads should be so arranged that there is no continuous wall or buildings obscuring the view of the sea. Appropriate lay-bys should also be provided at vantage-points along the coast. In some other countries, e.g. Turkey, no development is permitted between the coastal road and the sea in tourist areas. 

If the practice of diverting roads continues, soon few views of the sea will be left. 

In some areas, access roads to beaches have become overgrown and neglected or have been deliberately barred, e.g the entrance to the White River fishing beach. The fencing of some access roads and the fact that there is no access to some beaches have created problems with persons who consider that they have the right of access to the beaches. 

Divestment of coastal lands and wetland areas by Government agencies has sometimes taken place without the approval of the Natural Resources Conservation Authority and in some instances, because of the use to which the lands have been put, ecological damage has resulted. 

The Town Planning Department in planning for any coastal development collaborates with the NRCA to ensure that special areas are left for fishing beaches and for good bathing beaches with access from the public thoroughfare. 

Planners should also pay attention to the possible effects of global warming and the consequent sea level rise and plan for any impact these changes would have on Jamaica's coastal zone. 

There are now large communities of fishermen (resource users) living on some of the offshore cays. In order to facilitate proper habitation, there is need for not only planned infrastructure, but also the implementation of systems to maintain beach and water quality and monitor the activities of the resource users. 

Water quality on Jamaica’s recreational beaches has been monitored by several agencies and has been consistently good except for a few urban beaches where "spikes" associated with periods of heavy rains are experienced. With increasing urbanisation, and the associated growth of informal settlements, concerns have grown as to whether the existing coastal water monitoring arrangements are adequate.  

a. Oil Pollution  

Oil pollution on the foreshore may arise from exogenous or indigenous sources. Exogenous sources are from ships passing offshore and may be due to deliberate cleaning of bilge (an offence under international law), to poor maintenance giving rise to leaks, or an accident at sea resulting from the sinking or break-up of a ship. 

Indigenous sources of oil arise from poor environmental practices at garages and other work places. Oil is sometimes deliberately dumped in storm gullies, rivers, streams, etc. Such oil is ultimately washed to sea and causes coastal pollution if it drifts back onshore. 

Occasional accidents onshore may also result in oil reaching the shore and causing pollution on beaches. 

Oil pollution on the beach frequently results in the formation of "tar balls", blobs of tarry oil of varying sizes, which cling to the feet, damage clothing, damage fishing nets and cause fouling of fishermen's boats. Cleaning up the damage is costly particularly when nets have to be replaced, boats scraped and repainted and clothing replaced. 

Due to the prevailing north-easterly trade winds, any ship disaster north or east of Jamaica might result in a major pollution incident on north coast, tourist beaches. A national oil spill emergency plan and the Office of Disaster Preparedness and Emergency Management, the Natural Resources Conservation Authority and the Jamaica Defence Force Coast Guard are responsible for implementing the Plan. 

Nevertheless steps should be taken for better understanding of ocean currents around Jamaica so that in the event of any spill the likely movement of the spill may be predicted from oceanographic data. The NRCA will seek to obtain the necessary information through the collaborative efforts of the University of the West Indies and the University of Uppsala of Sweden. 

b. Sewage Pollution  

Because of the cost of installing treatment plants, and the difficulties of maintaining them in good operational order, many coastal properties rely on soak away pits, tile fields or septic tanks for sewage disposal. However, most of these properties are situated on porous limestone bedrock, with the result that sewage disposal systems frequently leach nutrients and sometimes bacteria into the adjacent coastal water. Regular monitoring of such places is undertaken by the NRCA. 

In order that water quality at bathing beaches can be maintained at acceptable (Pan American Health Organisation, Environmental Control Division) standards, this question must be addressed and steps taken to develop community-based disposal systems (aeration ponds and polishing beds), ensuring that effluents are discharged at points determined to result in minimal or no effect on the coastal zone. 

c. Solid Waste Disposal 

Solid wastes washed up or dumped on bathing beaches are a constant problem. Solid wastes are derived from many sources including illegal dumping from ships at sea; wastes from urban and agricultural environments washed down in rivers or storm gullies and then carried by inshore currents towards the beaches; wind driven wastes; and negligence by users of the beach. There is no single cure for this problem but public education and strict enforcement of the Litter Act and the NRCA Act must be prominent in any remedial measure. 

Illegal sand mining is a longstanding problem but continues due to the lack of enforcement and because offenders operate at night and are seldom seen. Apart from law enforcement, community involvement is also needed to curb the practice. 

Many developers attempt to improve their property by making shoreline alterations. Frequently, because of a lack of knowledge of coastal engineering and coastal oceanography, these developments cause shoreline erosion and remedial measures have to be put in place by constructing groynes or other structures. This issue requires careful attention at the environmental impact assessment stage to ensure that coastal engineers and oceanographers are involved. 

It also requires from Government that steps be taken to gather information about the coastal currents and other water movements around Jamaica. Which can then be used in the preparation of suitable impact assessments. 

Erosion arising from the wash of power-boats demands that proper regulations for the use of power boats in near shore waters are promulgated and enforced. 

Improvements in mariculture technology may result in other species being targeted in the future. 

All these forms of culture have potential for income generation, but also for conflict for space and resources with traditional fishermen. This will be especially true if lobster culture in casitas is introduced - applications to do so are already pending. 

Several issues arise including 

Present legislation does not adequately address mariculture issues such as the leasing of the sea floor and water column, protection from upcurrent pollution, preventing coastal developers from modifying the surrounding environment, etc. 

In general, mariculture activities will not conflict with public beaches as the activities usually take place in a different part of the marine environment. 

At present, there is little documentation on the ownership, size and boundaries of most of the fishing beaches handed over to the Fisheries Division. As a result, conflicts have arisen between fishing groups and other beach users such as hoteliers and property developers. 

The Division allows fishermen's co-operatives to manage the beaches they utilise. However, the efforts of the co-operatives have been largely unsuccessful. This may be partially attributed to the fact that the ownership status of the beaches has never been resolved. 

ii) Unregulated development 

The unregulated development of infrastructure and varying activities on the beaches, often resulting in shanty villages with poor liquid and solid waste disposal practices, needs to be addressed. In at least one case, (the causeway) there is need for the relocation of a fishing community to a more appropriate site. 

The offshore cays have never been the subject of development plans. However, they have been inhabited in an unplanned manner for the past 30 to 40 years without the benefit of infrastructure or services. This needs to be addressed urgently. 

The destruction and degradation of wildlife habitats on Jamaica’s beaches and off shore cays is also due to factors such as the increasing human presence on the cays and beaches, sand mining and unregulated camping and recreational activities on cays.