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East Oregonian
Saturday, July 8, 2017
Oregon’s Beach Bill celebrates 50th anniversary
By CAPI LYNN
(Salem) Statesman Journal
SALEM — Imagine
resorts carved into the coast-
line, fences blocking access
to the beaches, and “no
trespassing” signs posted on
trails to the ocean.
We’ve never had to in
Oregon because we have free
unrestricted public access to
all the state’s beaches.
Landmark
legislation
passed in 1967, known as
the Beach Bill, guarantees us
access that only Hawaii can
match.
Our 362-mile coastline is
a recreational playground,
with hiking, camping, fishing
and biking, surfing and
beachcombing opportunities
galore. It is one big viewing
platform, with enchanting
beaches, seductive headlands
and glorious vistas at every
single turn.
And it is ours forever.
In honor of the 50th anni-
versary of the Beach Bill,
signed July 6, 1967, here are
things to know:
The numbers
1601. The number of the
House Bill introduced in the
legislative session on Feb.
22, 1967, by the Oregon
State Parks and Recreation
Department. Sponsors were
Representatives
Sidney
Bazett (R-Grants Pass) and
W. Stan Ouderkirk (R-New-
port) and Senator Anthony
Yturri (R-Ontario). The bill
was assigned to the Highway
Committee and quickly
became known as the Beach
Bill.
362. The official length in
miles of the Oregon coastline,
although the Oregon Parks
and Recreation Department
admits the more accurate
number would be upward
of 380. Our coastline has
not grown over the past five
decades, but our mapping
technology has improved.
Much depends on how it is
measured and whether jetties
are included.
16. The elevation in feet,
or zone line, established in
the bill. The legislature’s
intent was that it would coin-
cide with the vegetation line.
In instances of low-lying
areas, where the 16-foot line
went through private homes
and businesses, an alternate
zone line would be estab-
lished 300 feet inward from
the ocean. The bill did not
apply the zone line to bays or
estuaries.
EO Media Group photo
Landmark legislation passed 50 years ago in 1967, known as the beach bill, guaran-
tees Oregonians access to their state beaches.
$400,000. The estimated
cost to administer the bill,
as reported by The Oregon
Statesman on May 23, 1967.
In today’s dollars, that would
be nearly $3 million.
57-3. After 10 hearings,
the bill passed by a vote of
57-3 in the House of Repre-
sentatives.
27-0. The Senate unan-
imously approved the bill,
with amendments.
36-20. The House passed
the amended bill on June 7,
1967.
The players
Tom McCall, the 30th
governor of Oregon, signed
the Beach Bill into law on
July 6, 1967. He described
it as “one of the most
far-reaching measures of its
kind enacted by any legis-
lative body in the nation.”
McCall was one of our most
influential governors, serving
two terms from 1967 to
1975. He was known for his
courage and conviction that
led to progressive legislation
like this bill, the Bottle Bill,
and the SB 100 land-use law.
Oswald West set the stage
when he became governor in
1913. He declared Oregon’s
beaches to be a state highway,
the legislature backed him up,
and the first major protection
of public access was on the
books. When McCall signed
the Beach Bill, he quoted
West for protecting our
beaches: “No local selfish
interest should be permitted,
through politics or otherwise,
to destroy or even impair
this great birthright of our
people.” A state park south of
Cannon Beach is named after
Oswald West.
Bob Straub was state
treasurer at the time and
McCall’s political rival. The
importance of securing free
public access to beaches was
one thing they could agree
on. Straub, like McCall, was
a noted environmentalist. He
became the 31st governor
of Oregon and helped
strengthen the state’s energy
and land-use laws during his
tenure. Straub also has a state
park named after him near
Pacific City.
Loran L. “Stub” Stewart,
chairman of the State Parks
and Recreation Advisory
Committee, deserves much
of the credit for getting
the legislation introduced.
During committee testimony,
he affirmed the legislative
responsibility to provide
outdoor recreation oppor-
tunities for Oregonians and
visitors. “We have the finest
beach recreation areas in the
nation; and the Highway
Commission, through this
bill, wants to keep it that way
for the public.” A state park
between Portland and the
coast is named after Stewart.
William Hay was a
Portland real estate broker
who owned the Surfsand
Motel in Cannon Beach,
where the controversy hit
like a sneaker wave. Hay
placed large driftwood logs
to block off a section of the
dry sand area in front of the
motel, put up cabanas and
tables for guests only, and
installed private property
signs on the perimeter. The
moves exposed a loophole in
the 1913 legislation, which
technically protected only
the wet sands. If not for Hay,
the issue might not have
been addressed until years
later during a much different
political climate.
Sidney Bazett, chairman
of the House Highway
Committee, was another
advocate of public rights on
our beaches. The bill nearly
died in committee before
the efforts of Bazett and
concerned citizens revived it.
Dr. Robert Bacon and
Laurence Bitte led a group
called Citizens to Save
Oregon Beaches and threat-
ened an initiative petition
if the legislation failed. Dr.
Bacon was an anatomy
professor at the University
of Oregon Medical School.
Bitte was a graduate student
at the University of Oregon.
They represented the spirit
of all Oregonians who cham-
pion our natural resources
and environmental causes.
Alfred “Ted” Goodwin,
the Oregon Supreme Court
judge who wrote the 1969
decision upholding the
constitutionality of the
Beach Bill and declaring that
Oregon’s beaches should
remain public property. He
served on the court from
1960 to 1969 before being
appointed by President
Richard Nixon as a U.S.
district judge and then to
the 9th U.S. Circuit Court of
Appeals.
Key moments
Media swell. When hear-
ings for the Beach Bill began,
few Oregonians were aware
their beach access was in
jeopardy, or that legislation
was introduced to guarantee
that access. Sponsors warned
that without the public’s
support, the bill would die in
committee. After a reporter
with The Associated Press
wrote a series of articles
that published in newspa-
pers across the state, the
committee was flooded with
letters and telegrams, hearing
from more than 10,000
people who supported the
bill.
Local coverage. The
Beach Bill dominated the
headlines in The Oregon
Statesman during the 1967
legislative
session
and
showed just how heated a
debate it was: “Beach Issue
Explodes in Legislature” and
“Latest Beach Bill Unveiled,
Stirs Up Fire.”
Strong statement. Grainy
video footage of Straub,
in the Oregon Historical
Society archives, includes
this comment about what to
expect if the Beach Bill were
to fail: “If the legislature
turns its back on passing this
needed legislation, you won’t
recognize the Oregon Coast
four years from now because
it’ll be fenced and it’ll be
built on, and it’ll look like
the East Coast, and it’ll look
like much of the area down in
California.”
Scientifically speaking.
McCall enlisted a group
of experts from Oregon
State University, including
engineers, oceanographers,
biologists, and geologists, to
develop a formula that would
define the boundary for
public beach access. When
the bill was first introduced,
the elevation line was 12 feet
instead of 16.
PR stunt. A longtime
journalist who knew a golden
public relations opportunity
when he saw it, McCall
planned a trip to the Oregon
coast to test the new formula.
The governor was joined by a
group of surveyors, scientists,
and journalists for stops in
several coastal communities,
including Cannon Beach.
The myth. Despite count-
less reports, McCall did not
swoop in on a helicopter with
his entourage and land at
Cannon Beach. He did take a
ride in a helicopter that day,
but not to Cannon Beach.
He arrived by limo, and the
local museum has photos to
prove it. While surveying
was done at other locations,
none took place there. Stakes
were pounded into the sand
for prop’s sake, but much of
what has been written since
has added to the legend. “It’s
mostly true,” says Elaine
Trucke, executive director of
the Cannon Beach History
Center and Museum. “But
it’s been embellished over
the years.”
Iconic image. Photog-
raphers captured McCall
standing in front of the Surf-
sand Motel and glaring at the
driftwood barriers. He wore a
dark suit and dark sunglasses,
and it was reported that he
grumbled to motel guests
about Hay’s audacity and at
one point drew a line in the
sand. Public support grew
after that day. Some consider
this moment the turning point
for the bill.
The aftermath
The survey. The Beach
Bill called for the state to
survey the entire coast. Aerial
photographs were taken
during a project that spanned
1968 and 1969, and the zone
line was marked. The Oregon
Parks and Recreation Depart-
ment has the black and white,
grainy images in its archives.
Some of the aerial shots also
have been preserved in the
Oregon State Library.
Measure
6.
There
were doubts the bill would
withstand legal challenges
related to property rights.
Bob Straub, for one, wanted
more protection. He and
a citizens’ group, Beaches
Forever, Inc., pushed a
1968 initiative proposing a
temporary 1-cent-a-gallon
gas tax for the state to buy
privately owned beach land.
The measure was defeated.
Challenges. Bill Hay,
owner of the Surfsand Motel,
and Lester Fultz, a Neskowin
developer who started work
on a private road which
extended seaward past the
vegetation line, challenged
the public rights’ claims in
court but lost. They appealed
to the Oregon Supreme
Court, where they also lost.
The Beach Bill generated
other lawsuits that were
subsequently dropped.
Second signing. McCall
signed into law in 1969 the
amendments based on the
aerial survey points called
for in the original bill. That
was the same year the orga-
nization originally called
S.O.L.V. (Stop Oregon
Litter and Vandalism) was
created by the governor and
other community leaders to
address the need for commu-
nity action.
Second pack of gray wolves
Dogwood a favorite of wildlife spotted in Northern California
BLOOMIN’ BLUES
By BRUCE BARNES
For The East Oregonian
By OLGA R. RODRIGUEZ
Associated Press
Common Name: Red
osier dogwood
Scientific
Name:
Cornus sericea
This attractive shrub
is found throughout most
of North America except
for the Southeast United
States. It is the only native
woody-stemmed dogwood
in Northeast Oregon,
where it generally grows at
nearly all elevations. It can
be found along the river
parkway in Pendleton, and
in wet soil along streams
and springs throughout the
Blue Mountains.
The name osier is
believed to come from the
French “osire,” meaning
a plant growing in a river
bed. Another common
name for the shrub is red
stem dogwood. The name
Cornus is Latin for horn
or antler, and likely refers
to the hard wood. Sericeus
means silky hair, possibly
referring to the wavy hairs
on the lower surface of the
leaves.
The
overall
shrub
stands out in both summer
and winter, with white
flowers and white berries
in summer and its barren
red stems in the winter
against the snow. The
plant usually will reach
about 12 feet where there
is plenty of moisture in the
soil, though it can reach
twice that height close to
streams. The oval leaves
have smooth edges, deeply
grooved surfaces where the
veins are, abruptly pointed
tips, and are up to five
inches long.
Photo by Bruce Barnes
Red osier dogwood, Cornus sericea, flowers
Photo by Bruce Barnes
Red osier dogwood,
Cornus sericea
Most dogwood plants
look like they have several
large pink or white petals,
however their “petals” are
bracts which surround a
cluster of many very small
flowers in the center. Red
osier dogwood does not
have the bracts, just an
impressive cluster of many
small four-petalled flowers.
The flowers are eventually
replaced by small white
berries about a quarter-inch
wide. Though the berries
are bitter, black bears eat
them.
Many Indian tribes
across North America had
a wide variety of uses for
the sap, bark, stems, leaves
and berries of the plant.
The only part used for
food by a few tribes was
the bitter berries, which
were eaten fresh or dried,
and sometimes mixed with
other berries. The sap was
put on arrowheads for the
poison effect on animals.
Stems were used for
basket frames, snowshoes,
arrows, bows, gill nets
and fish hooks. Infusions
of the bark were used as a
tonic and to treat coughs,
colds, fevers, sore throat,
early stage tuberculosis,
intestinal worms, diarrhea,
sore eyes, sores, weakness
or paralysis, poison ivy
rash, headaches, and nose
bleeds, and to induce
vomiting for medicinal
or ceremonial purposes.
Leaves were sometimes
dried and smoked.
Where to find: In addi-
tion to the river parkway,
look for the shrub with red
stems along any stream in
the Blues. Don’t confuse
this plant with others that
have white berries but not
red stems.
SAN FRANCISCO — A
female gray wolf, her mate
and at least three pups are
the second pack of wolves
spotted in Northern California
since the species went extinct
there in 1924, state wildlife
officials said Wednesday.
The gray pups were born
this spring in Lassen National
Forest to a female wolf of
unknown origins. Her mate
is the son of OR7, a wolf
with a tracking device that
was the first of its kind in
almost a century to migrate
into California from Oregon,
the Department of Fish and
Wildlife said.
Biologists
began
surveying
the
Lassen
National Forest area in May
after they found evidence of
wolf presence.
On June 30, they captured
the 75-pound female gray
wolf and fitted her with a
tracking collar. An examina-
tion revealed she had recently
given birth to pups.
A day later, Department
of Fish and Wildlife biol-
ogists returned to the area
for a follow-up check on
the female and found that a
nearby trail camera operated
by the United States Forest
Service had captured photos
U.S. Forest Service via AP
This June 30 remote camera image released by the
U.S. Forest Service shows a female gray wolf and her
mate with a pup born this year in the wilds of Lassen
National Forest in Northern California.
of the mother and pups. The
gray pups were also photo-
graphed playing in front of
the camera.
While most of the pack’s
known activity to date has
been in western Lassen
County, which is near the
eastern state line, some tracks
have also been confirmed in
Plumas County, officials said.
These wolves, named
the Lassen Pack by the U.S.
Forest Service employee
who first detected their
location, are the second pack
of gray wolves known to
be in California since they
were killed off in the 1920s,
officials said.
The
first
confirmed
breeding pair in California
produced five pups in
Siskiyou County in 2015.
The family of seven gray
wolves, known as the Shasta
Pack, hasn’t been spotted
since May 2016, although
one of the pups was detected
in northwestern Nevada in
November 2016, the depart-
ment said.
State officials in 2014
granted the wolf protections
under the state’s endangered
species act, despite oppo-
sition from hunting and
livestock groups who fear
the predator will kill deer
and valuable cattle. Under
California’s protections, gray
wolves can’t be killed or
hunted.
They are also listed as
endangered by the federal
government.
Florida man dies after falling into Crater Lake caldera
CRATER
LAKE
NATIONAL PARK (AP)
— A 20-year-old man from
Florida is dead after tumbling
up to 70 feet down a steep
cliff in Crater Lake National
Park in Oregon.
The Mail Tribune reports
the accident happened around
5:45 a.m. Tuesday when the
man walked out onto a rocky
point and the rocks broke
loose.
He then tumbled 50 to
70 feet down the side of the
collapsed volcano.
Rangers with the National
Park Service rappelled down
and confirmed the man was
dead.
The Parks Service says
hiking on the rim around the
caldera is not allowed because
it is extremely hazardous.