Big win for Florida land-based shark fisherman-Indian River

Finally the people in local beachside community goverments are better understanding our rights as Americans and as fisherman.A victory for sure because no ban was passed instead lifeguards and police can ask shark fisherman to leave a beach if someone complains or feels in danger.Makes sense to me!!! Responsible shark fisherman understand what they can ,and cannot do. Hooray for the fisherman and hooray for the Indian River commisioners for doing the right thing .Keep an eye on this ruling and the commisioners defense of fishing in there county and stating the inherent risk of any beachgoer choosing to enter a wild ,live BEACH full of sealife not just sharks.This ruling will set precedent for future fights in our battle to protect our rights as fisherman from shore in the state of Florida.Watch!!

http://www.myhometownnews.net/index.php?id=70444

HERE'S WHAT THEY TRIED TO DO

MAY 13,2010 (TWO PARTS)

County turns to state over shark chumming ban
Reported by: TCPalm
Last Update: 5/13 12:18 pm

INDIAN RIVER SHORES - Local Realtor Lenora Mustapick photographed the first ever Shorebound Shark Tournament held in Indian River Shores in July of 2007. (tcpalm.com) INDIAN RIVER COUNTY — Before county leaders draft a law against fishing or baiting for sharks, Vero Beach shark expert Grant Gilmore told commissioners Tuesday, they need to have much more data to show the practice poses a risk for swimmers.

But commissioners held off on ordering a study or drafting a local law, opting instead to ask state lawmakers to consider the issue.

“This is more of a state issue and the state needs to weigh in,” commission Chairman Peter O’Bryan said. “Otherwise (with a local law) we just move the problem in front of someone else’s beach.”

In an informal consensus, commissioners asked County Attorney Alan Polackwich to draft letters asking the Legislature or the Florida Association of Counties to consider an anti-chumming law.

“I’m disappointed,” Commissioner Joe Flescher said. “I think they just didn’t get the public safety issue.”

Polackwich had invited Gilmore to discuss the possible risks of shark bait in the water of swimming beaches after Flescher last month called for an ordinance banning the practice. Indian River Shores residents had complained about anglers reeling large sharks onto county beaches near swimmers.

Gilmore, president of Estuarine, Coastal and Ocean Science Inc., said he didn’t have the answers — although it would be a study worth doing.

Gilmore said the area from New Smyrna Beach south to Martin County has the highest incidence of shark attacks in the world, most of them by blacktip or spinner sharks that mistake hands or feet for fish.

“(By baiting to catch sharks) are we increasing the potential for danger that already exists?” he asked. “I think that’s a question that needs to be answered.”

Questioned by Polackwich, Gilmore suggested $50,000 could pay for analysis of existing reports and surveys of shark fishermen for a one-year period to address all the seasons.

The Delray Beach City Commission in July passed an ordinance banning shark-fishing within 300 feet of the city beach. But Polackwich suggested that was a knee-jerk approach instead of a legal or scientific consideration.

Flescher, however, bristled at the idea of needing a study to justify what he said was the common sense of keeping beaches safe.

“This issue is here because sharks are being lured into the beach community, simply put,” Flescher said.

Commissioner Bob Solari said he didn’t want to effectively punish true sportsmen, who don’t use chum to fish for sharks, all because of “a few idiots” who do. He and commissioners Wesley Davis and Gary Wheeler objected to making new laws to establish what they said should be common sense, that swimming near large sharks is dangerous.

“It’s not the goal of government to establish a protective envelope to address individual citizens,” Solari said.

Reported by By Henry A. Stephens, Staff writer, tcpalm.com.

APRIL 26,2010
Sad news for the land-based shark fisherman of Florida another county is drawing up a proposal to ban shark fishing from there beaches.The time to act is now or we will be be an extinct species of fisherman.Here's the writeup.

http://www.veronews.com/index.php?optio ... ad-stories

Shark fishing making waves with county commissioners PDF Print E-mail
By Debbie Carson - Apr. 26, 2010, 10:04am

INDIAN RIVER COUNTY – Shark fishing on the county’s beaches has attracted the attention of one county commissioner who is now asking staff to review the county’s policies and rules.

“I don’t believe this is a safe practice,” said Commissioner Joe Flescher of fishermen attracting sharks toward the shore and then dragging the sea predator up onto the beach near sunbathers.

Flescher said the two most prevalent types of sharks swimming off the coast of Indian River County are bulls and tigers, the second and third most feared shark species behind the great white.

Fellow commissioners agreed that more information about the practice of shark fishing and the ramifications is needed before they proceed with changing or adding any rules.

Commissioners Gary Wheeler and Wesley Davis both said at a recent commission meeting that they would not support out-right banning of shark fishing from the shore.

“They’re after the bait, not the people,” Wheeler said of the sharks.

Flescher told commissioners that the shark fishermen canoe or kayak a bucket of chum out from the shore to attract the sharks to the area. He added that unsuspecting swimmers could be downstream of the bucket.

“I think it’s pretty crystal clear what’s taking place,” Flescher said. “We’re waiting for an accident to happen.”

Wheeler said he has SCUBA dived numerous times and spearfished and never had the misfortune of being on the wrong end of a shark – even while trailing a bloody bag filled with fish.

Commissioner Bob Solari said he has been hiking and out in nature and never been fearful of the wildlife.

“But I’ve never grabbed a panther by the tail,” he said.

He added that shoreline shark fishing near sunbathers and swimmers is the reason why government has to pass laws – people leave common sense and logic at home.

“This is one of the dumbest things on God’s green earth,” Solari said.

While Davis said he would not support banning the shoreline sport, he agreed that the public has a reasonable expectation of safety when they go to the beach.

“It’s the blood in the water that bothers me,” Davis said.

However, sharks are out in the ocean, not far from shore regardless of whether or not fishermen have chummed and baited the water, Commission Chairman Peter O’Bryan said.

Doug Distl, the manager of the Carlton community along the beach, brought the issue to Flescher’s attention, asking him to ban shoreline shark fishing after he found fishermen from outside the area fishing for sharks as part of an Internet-based shark fishing tournament.

Distl told commissioners that they would not want the county to develop the reputation of the “shark fishing capital” of the southeast.

He said that his community has been proactive in warning residents when conditions are unsafe to swim – sending out emails when the fish are running near the shore, which attracts sharks.

“Let’s be proactive,” Distl urged commissioners.

After the meeting and commissioners agreed to get more information before changing or adding rules, Distl expressed disappointment that commissioners were delaying action.

One of the reasons for delay is to allow County Attorney Alan Polackwich to better determine who has jurisdiction over the shore and the waters.

He said a cursory review of state laws suggests the county has jurisdiction and could establish and enforce the rules.

However, Polackwich pointed out a state law that seems to reserve the right to the state to make laws pertaining to saltwater fishing.

Polackwich said the county might be able to establish an overriding rule based on public safety concerns.

“It’s an attraction of sharks issue” not fishing, the attorney said. However, he told commissioners that he could not give a 100 percent guarantee that any county ordinance would withstand a legal challenge from the state.

“Heading down this path is a challenge,” he said.