POST ALL YOUR 2013 BIG HAMMER CHALLENGE CATCHES Here

[william]

These were some of the arguements used in our defense when the City of Boca Raton tried to place a ban on shark fishing from there beaches two years ago.Florida has laws in place in it's Constitution that actually protect our fishing rights from shore.

Quote
"To Boca Raton City Commissioners, City Officials and whom else it may concern,

Attached is a PDF of very useful information.
http://boatlessfishing.com/forumpics/bocasharkgood.pdf

I wish to inform you, that attempting to impose any law which dictates a restriction from fishing for a specific species. Is in fact illegal under Florida state law. Unless the City Council can show that fishing for that species creates a Public Safety Issue. (Sec 379.2412 State preemption of power to regulate.) Using a little common sense comparison, you will see the facts do not support that Shark Fishing from the beach causes any increased danger to the Public

I will use fishing in general, because pound for pound of Fish Product placed into an area where the public swims, Should if what many claim draw and cause Shark Attacks.

Also keep in mind I have included factual Research and articles by recognized leaders in our environment, that shows that Coastal Pelagic Sharks "which includes all the so called Man Eaters " feed in Shallow beaches, Between Troughs and Tidal flow areas so they are already there, Furthermore It only mentions in research that it is suggested that you do not swim where there is fishing.

We have Many Fishing Piers in Florida, in Broward County there are 4 approximately 3 to 6 miles apart. Every day Hundreds and on certain days Thousands of people fish from those piers. Those Piers are all Located smack in the middle of very busy Public Beaches. Common sense says a lot of Fish products are being put into the water on hooks and from cutting up and scraping the bait tables, one pier alone can place hundreds of pounds per day into the water, yet we have never seen a Shark attack around those piers or any pier to my knowledge in Florida.

Why is that? Because sharks don't bite people but in very rare instances and it is because of mistaken identity due to cloudy and or rough water, people on boards which make them look like food i.e. Turtle. Sharks are Sharks they are not Rocket scientists, they make mistakes. The ocean is a wild environment not your or my backyard. Sharks belong there and swim around people everyday on our beaches. I know this as a fact because I run a fishing pier, I see them swimming near swimmers and not bothering them.

Do you know how many people swim in the ocean around our coast of Florida per Year ?

Florida's beaches are heavily used most of the year; late April to mid-September are the peak season in most of the state. The state's population is estimated at 18 million, and approximately 70 million tourists visit per year. Estimates from the National Oceanic and Atmospheric Administration (NOAA) place the number of swimmers at just over 14 million a year. In addition, NOAA estimates that another 3.5 million snorkelers, surfers, and divers enter Florida water's each year.
Taken from http://water.epa.gov/type/oceb/beaches/2008_fl.cfm

Shark attacks, how common are they? on average there are 60 or so Shark attacks World wide. You may be surprised to know that 40% are right here in Florida, however, by far the greatest number of those are in Volusia County/Daytona.

You will be further surprised to find out that Volusia/Daytona banned beach Shark fishing in 2000 Volusia County OrdinanceSec. 20-116. Fishing.
They tied the all time bite record in 2009, 9 years after their ban went into effect. This is physical proof that Shark fishing Ban's simply don't work.


Banning shark fishing will have no economic effect? Your Bait and Tackle shops would beg to differ.

Yes some Cities in the last 2 years have over-stepped their authority by passing shark fishing bans and some like Indian river county decided to not, because they realized the constitutional issue under Article X. Section 11. and realized they had no authority to impose regulation's on state land. Proof of this can be found by researching City, County, and Municipal challenges to the various Beach re-nourishment projects throughout the state. In every case the state has won due to the fact they own the shore line. The following is the most recent Supreme Court Decision in Stop the Beach re-nourishment Inc. vs The Florida department of environmental protection.



Quote;

On June 17, the Supreme Court held in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection (No. 08-1151) that the land under the water at a Florida shoreline continued to belong to the state even after the state added new sand, extending the beach and interrupting property owners’ exclusive access to the water. By a vote of eight to zero, the Court upheld a decision by the Florida Supreme Court, which had held that the state’s ownership of newly created land at the shoreline was not an unconstitutional taking.

Under Florida law, all beachfront property seaward of the median high-water mark belongs to the state, while the owners of beachfront property own the land between that line and their homes. In 2003, two Florida cities sought to deposit new sand along the shoreline of their beaches, extending the beaches into the sea by seventy-five feet. The new land would belong to the state, depriving the owners of adjacent property of their exclusive access to the water, as well as ownership of any new land subsequently added by gradual natural change. A group of property owners went to state court, arguing that the actions violated the Takings Clause of the Constitution. The Florida Supreme Court rejected that argument, and the Supreme Court agreed. Quote;

You should familiarize yourself with our State laws and our Constitution, because you will be seeing this a lot if you try to stop peoples right to fish for a specific species.

From Our Great States Constitution
379.101 Definitions.--In construing these statutes, where the context does not clearly indicate otherwise, the word, phrase, or term:

(2) "Beaches" and "shores" shall mean the coastal and intercoastal shoreline of this state bordering upon the waters of the Atlantic Ocean, the Gulf of Mexico, the Straits of Florida, and any part thereof, and any other bodies of water under the jurisdiction of the State of Florida, between the mean high-water line and as far seaward as may be necessary to effectively carry out the purposes of this act.

379.104 Right to hunt and fish.--The Legislature recognizes that hunting, fishing, and the taking of game are a valued part of the cultural heritage of Florida and should be forever preserved for Floridians. The Legislature further recognizes that these activities play an important part in the state's economy and in the conservation, preservation, and management of the state's natural areas and resources. Therefore, the Legislature intends that the citizens of Florida have a right to hunt, fish, and take game, subject to the regulations and restrictions prescribed by general law and by s.
9, Art. IV of the State Constitution.


379.2412 State preemption of power to regulate.

The power to regulate the taking or possession of saltwater fish, as defined in s. 379.101, is expressly reserved to the state. This section does not prohibit a local government from prohibiting, for reasons of protecting the public health, safety, or welfare, saltwater fishing from real property owned by that local government.


The Florida State Constitution, Article X, Miscellaneous Section 11 states as follows:

SECTION 11. Sovereignty lands.—The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people. Sale of such lands may be authorized by law, but only when in the public interest. Private use of portions of such lands may be authorized by law, but only when not contrary to the public interest.
History.—Am. H.J.R. 792, 1970; adopted 1970.



Florida Wildlife Commission
Quick Facts
http://myfwc.com/ABOUT/About_FastFacts.htm

Our Territory

Florida has...

* 53,927 square miles of land
* 5,983 square miles of water
* More than 34 million acres of public and private land
o Including 5.8 million acres of wildlife management areas (one of the largest public-hunting systems in the country)
* 2,276 miles of tidal shoreline (8,426 "detailed" miles)
* About 1,700 named rivers, streams and creeks travelltraveling miles
* Approximately 12,000 miles of fishable rivers, streams and canals and an overall total of 51,858 miles of flowing water, including minor tributaries, creeks and ditches (20,000 of which consistently have water)
* About 7,700 lakes greater than 10 acres, covering 3 million total acres

Our Fish and Wildlife

The FWC protects and manages...

* More than 575 species of wildlife
* More than 200 native species of freshwater fish
* More than 500 native species of saltwater fish

...balancing these species' needs with the needs of more than 18 million residents and the millions of visitors who share the land and water with Florida's wildlife
Annual Economic Impact

* Hunting - $745 million, 10,700 jobs
* Saltwater Fishing - $5.4 billion, 54,500 jobs
* Freshwater Fishing - $2.5 billion, 24,800 jobs (details)
* Total Fishing - $7.5 billion (some anglers don't specify fresh or salt), number one in the nation (Texas, the next highest state, generates $6.1 billion)
* Total Nonresident Economic Impact (Tourism) - $1.0 billion, number one in the nation (Wisconsin, the next highest state, generates $0.6 billion)
* Wildlife Viewing - $3.3 billion, 34,700 jobs
* Commercial Fishing & Seafood Processing - $2.9 billion, 103,200 jobs
* Boating - $18.9 billion, 220,000 jobs




A violation of Constitutional Right is a very serious issue, I will leave you with that to think about.

Have a Great Day.
Sincerely,
XXXXXXXXXXX

LETTER FROM RORY

XXXX
XXXX
West Palm Beach, FL 33407
1/12/2010

Boca Raton City Council
201 West Palmetto Park Road
Boca Raton, FL 33432

CC: Boca Raton Marine Advisory Board

Dear Members of the City Council and Marine Advisory Board,

I am writing this letter as a Palm Beach County resident, concerning the proposed ban of shark fishing from the beaches in Boca Raton. I believe that this proposal is, in fact, a violation of the Florida Constitution and state law. The City Council does not have the authority to ban fishing for specific species, unless they can prove that this type of fishing causes a public safety issue. There have been absolutely no scientific studies to show that shorebound shark fishing causes any increase in risk to swimmers or others utilizing the ocean. The burden of proof lies on the City Council and the Marine Advisory board to prove this risk, and once they have conducted their due diligence, they will find that there is no sound reasoning to pass or enforce this proposal.

The City of Boca Raton has no jurisdiction to pass laws or ordinances that conflict with existing state law. This is made clear in the Florida Constitution, Article X, Miscellaneous Section 11:

Sovereignty lands.—The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people. Sale of such lands may be authorized by law, but only when in the public interest. Private use of portions of such lands may be authorized by law, but only when not contrary to the public interest.

Additionally, Florida Statute 379.104, provides for the legal protection of all who wish to legally hunt and fish in all legal areas of the state, the area of the mean high water line included:

The Legislature recognizes that hunting, fishing, and the taking of game are a valued part
of the cultural heritage of Florida and should be forever preserved for Floridians. The
Legislature further recognizes that these activities play an important part in the state's
economy and in the conservation, preservation, and management of the state's natural areasand resources. Therefore, the Legislature intends that the citizens of Florida have a right to hunt, fish, and take game, subject to the regulations and restrictions prescribed by general law and by s. 9, Art. IV of the State Constitution.

Similar bans have been proposed in several other communities in the past several years, such as Deerfield Beach, Holmes Beach, and Indian River County, and they have all been rejected on the above grounds.

I respectfully ask that this proposed ordinance be withdrawn prior to voting.

Sincerely,



Seasoned Fisher


Joined: Fri Jul 11, 2008 5:43 am
Posts: 131 I did not write a letter, but spoke directly to the Boca Raton CC office Yesterday to voice my opinion. My opion was well received and the lady (Linda) on the phone said that they had been receiving comments on this ordinance all day. To add to Tommy's Shark information on the previous page; I received this info sheet directly from NOAA: I think it says it all....



It's The Ocean, Not A Swimming Pool


The ocean is a vast wilderness, home to thousands of awesome and wonderful wild creatures, and when you visit the beach this summer, you are a guest in their environment. Like swimming in a swimming pool, you need to be aware of potential dangers and some precautions to ensure your safety.

Just like in a swimming pool, the biggest danger to humans who swim in the ocean is the potential for drowning. Many of the same precautions you should take to prevent drowning in a swimming pool also apply to swimming in the ocean. However, the ocean is wild, and other potential dangers exist there -- like getting caught in a riptide, getting knocked over by a large wave, getting stung by a jellyfish, cutting a foot on a shell, or getting bitten by a shark -- that do not exist in a swimming pool.

The majority of ocean creatures are harmless to people, but some animals can and occasionally do injure humans. Usually, when an ocean animal hurts a human, it is a defense behavior -- like the jellyfish that stings or the crab that pinches -- because the animal perceives the human as a threat.

When a shark bites a human, it is usually mistaken identity -- the shark thinks the human is a fish and takes a bite expecting to have dinner. When the shark realizes that the person is not a tasty fish, it lets go and swims away. This is why most shark "attacks" are hit-and-run incidents and often only result in cuts and bruises, which may require stitches but are not considered serious injuries. But this is not always the case. Sometimes shark bites can cause serious injuries and can rarely even be fatal. There are precautions you can take to reduce your risk of encountering a shark and reducing your risk of a shark attack. NOAA Fisheries encourages all beachgoers to "swim smart."

Remember that when you swim in the ocean you are a guest in a wild habitat and you should respect that habitat and its creatures, much like you would if you were camping at Glacier National Park where wild grizzly bears live. And just like putting on sunscreen when swimming in a swimming pool and storing food wisely when camping in grizzly bear territory, taking precautions to ensure your health and safety in the ocean is the best way to enjoy your summer beach vacation.





For Further Information Contact: (301) 713-2370

_________________


Wayne Slusser
Captain Team Finaddicts
http://www.finaddictsonline.com




Top

cudaman Post subject: Re: Boca Raton passes shark fishing banPosted: Wed Jan 12, 2011 2:00 pm


GOLIATH GROUPER


Joined: Tue Jul 18, 2006 9:17 pm
Posts: 1927
Location: South Florida To the ones involved that went, sent emails, and made phones calls: GREAT JOB

Below is a letter/email please do not copy as PP said it's better if you write your own personalized letter. But you can use the letters posted so far as an example of what to write. I am not a professional writer so it is what it is and the intent is what matters.



Dear City Council and Marine Advisory Board members,
I am a fisherman that regularly visits your beaches, shops, and piers in the county. I am only one of thousands that assists with the county’s economy, your city included. I was informed that you may be taking an approach that will prohibit shark fishing form your beaches. A practice which regardless of the species of fish, is referred to as fishing and per the Florida constitution: “a valued part of the cultural heritage of Florida and should be forever preserved for Floridians.”

Shark fishing from shore is simply placing a chunk of bait or live baits about 100 yards from shore. For the purposes of catching a shark the size of bait really would not matter and there are no lures made specifically for sharks. From shore lures are used for smaller game fish such as snook and tarpon. By nature, sharks patrol the shores. The sharks are there from waist deep to the depth of the open oceans. Sharks usually patrol the beaches at sunrise, sunset, and during the nights. Their skin tones make it really hard to notice them as they swim close to the bottom. These animals also patrol the beaches when the water temperature is cool or cloudy. No one attracts sharks to the beach waters; it already is part of their habitat. In regards to attracting sharks to the beach let’s take fishing piers into consideration, a structure on the beach from which fishermen launch hundreds of baits from their locations, including chumming bags that are often hung from the rails to attract bait fish (yes, baitfish not sharks). We do not see schools of sharks there on a daily basis.

We need to put aside movies like Jaws or made for TV specials in which a theatrical approach is taken towards shark’s behavior. Sharks are as scared of us as many are of them. The following is from an article published by the Sun Sentinel in regards to shark fishing from the beach:
"Sharks typically avoid people whether or not anglers are present, said Lee Schlesinger, a spokesman for the Florida Fish and Wildlife Conservation Commission. "People have been fishing off of beaches in Florida as long as they've been swimming off of them, and the amount of issues with sharks is miniscule," he said." “But, municipal shark fishing bans also could face legal challenges, Schlesinger said."

These quotes were taken from:
http://www.sun-sentinel.com/news/palm-b ... 9422.story

Shark attacks are caused by people swimming in the waters the sharks naturally inhabit. The growth of population and their raising activities in the water such as surfing is one of the main reasons for the attacks, not fishermen. I have yet to find any evidence that shows fishing increases or causes shark attacks. I invite you to research on this matter. You can find many charts and information on the following website from the Florida Museum of Natural History: http://www.flmnh.ufl.edu/fish/sharks/st ... tivity.htm.

Now that I have given some information on sharks and how we fish for them, please read the following:

Taken from the State of Florida Constitution:
We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution.

SECTION 2. Basic rights.--All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability.

History.--Am. S.J.R. 917, 1974; adopted 1974; Am. proposed by Constitution Revision Commission, Revision No. 9, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

Our right to fish:
379.104 Right to hunt and fish.--The Legislature recognizes that hunting, fishing, and the taking of game are a valued part of the cultural heritage of Florida and should be forever preserved for Floridians. The Legislature further recognizes that these activities play an important part in the state's economy and in the conservation, preservation, and management of the state's natural areas and resources. Therefore, the Legislature intends that the citizens of Florida have a right to hunt, fish, and take game, subject to the regulations and restrictions prescribed by general law and by s. 9, Art. IV of the State Constitution.

Whom the beaches belong to and for whom?
Article X, Miscellaneous Section 11:
Sovereignty lands.—The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people. Sale of such lands may be authorized by law, but only when in the public interest. Private use of portions of such lands may be authorized by law, but only when not contrary to the public interest.


It is my understanding that the actions approached by the city to ban shark fishing are unconstitutional. Please review the proposed ordinances and withdraw any effort concerning the banning of fishing from the city beaches.

Regards,

[charkbait offline]

Your federal fisheries management system clearly favors a tiny minority, the commercial fishermen. That’s despite an outrageous disparity in the ratio of private anglers to commercial fishermen and with recreational angling delivering vastly greater benefits to the economy.
The federal councils affecting Florida are the Gulf of Mexico Fishery Management Council (GMFMC) and the South Atlantic Fishery Management Council (SAFMC). The Gulf Council, which oversees waters in the Gulf nine nautical miles from shore to 200 miles, consists of 17 voting members from five states (Florida, Georgia, Alabama, Louisiana, Texas), of which five—less than a third—are identified as representing recreational fishing. Meanwhile, commercial fishers have four votes and indirectly a majority of the remaining eight votes most of the time—but more on that later.

This alliance will continue to grow. They have theirs. We have ours. Want to know more?

Get onboard with SAA!!

It costs nothing, and pays you with useful information about lawmakers and agencies. The same folks that propose laws and regulations without your input or knowledge until it's being voted on.

The SAA will continue to expose the silence most officials wish to remain quiet.
If nothing is ever said, it's business as usual in their world. Not anymore.

The site will be up soon. Got information or questions? Share it!!!

WE NEED YOU TO GET INVOLVED!!!

[charkbait offline]

Good stuff!!! I'll dig into these and see what we can share with everyone. Thank you!!!

[Batrayz offline]

I am from California and to me our laws have seem pretty fare so far. But I am whilling to help this cause. I can not do anything in person and have limited funds to donate or support, but I will do what I can via Internet, mail and phone.

I would like to help
Batrayz

[Batrayz offline]

I am from California and to me our laws have seem pretty fare so far. But I am whilling to help this cause. I can not do anything in person and have limited funds to donate or support, but I will do what I can via Internet, mail and phone.

I would like to help
Batrayz