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[Sticky] ALL "NON FWC SHARK FISHING BANS"in Florida are Illegal

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william
(@william)
Member Admin

All seaside communities that have passed SHARK FISHING BANS since the 1960's have done so illegally and with impunity or total ignorance of fishermen's rights and unaware that only Florida Wildlife Commission has the power to dictate what species are caught and set size limits and closed seasons ,and enact Prohibited species status to any fish caught in Florida waters .Our position at the SHOREBOUND ANGLERS ALLIANCE is well known and will be respected not because we have made a ruckous at other municipalities that have banned or tried to ban shark fishing but because they know that we know that any such SHARK FISHING BAN enacted goes against the Florida constitution.We have legal ammunition now to get these illegal local municipality shark fishing ordinances overturned if and when they get passed.One example of a defender of our beach shark fishing rights is Lane Dickinson the city attorney on Boca's Raton's Marine Advisory Committee has stated he is totally against the ban and knows it's unconstitutional..Furthermore all fishermen have the right to fish a Florida beach and police cannot legally discriminate against a certain group while all others are allowed.These type laws can only be enacted and enforced by FWC officers.Although Police can find other reasons to kick a shark fishermen off a beach such OPEN CONTAINER LAW,or a BEACH CLOSED AFTER DARK LAW or can make up a story that you are disturbing the peace.If and when you are kicked off a beach because of a SHARK FISHING BAN don't risk arrest ,let the officer know the BAN is illegal and then start by going to that police Department and request a meeting with the Police Chief than contact us and we will get the ball rolliing by announcing a email letter writing campaign to complain and we will contact the local news media to get them involved.There are very effective ways to have our rights respected.

(Section 379.2412 of Florida law) The shore line from mean high tide out into the ocean is owned by the state under Chapter 10 section 11 of the state constitution. 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. This has been up held as recently as 2009. 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.

 

 

 

CITIES AND COUNTIES THAT HAVE PASSED ILLEGAL SHARK FISHING BANS SINCE THE 1960'S CITY OF LAKE WORTH VOLUSIA COUNTY CITY OF LAUDERDALE BY THE SEA CITY OF DELRAY BEACH HOLMES BEACH(west coast) This very insightful letter we received from a SFSC site user illustrates that the local cops in many of the beach-side communities where we fish for sharks are not Current as to laws or Ordinances that are outdated or have been repealed/overturned.We need to notify the Volusia County goverment officials and find out if indeed this 'Shark Fishing Ban' has been repealed so we can celebrate another VICTORY for our sport.Please keep us informed I have the BHC starting in two days and cannot dedicate much time to this right now.Thanks To Casey Howard for the PM and information.

by Casey Howard username 'FWSurfFishing' Hello William! My name is Casey Howard from Sugar Land, Tx. I recently moved to the Ormond Beach area in late September. I have been an avid Shark fisherman since i was a kid fishing the intracoastal inlets of Port O'Connor (I'm now 22). In Texas I didnt have a ton of experience in fishing for sharks from the surf, instead I primarily fished Jetties and deep drop offs in the Bay. The mid region of the Texas Gulf Coast is LOADED with Blacktip sharks and the occasional Bull. You can have a day and land close to 30 Blacktips on 1 trip (granted they rarily ever exceeded 4ft). Upon moving to Daytona, I had already conducted my research on fishing for them in the surf and also began incorporating my own techniques from Texas. So I'm asked the question about my opinion on Shark fishing laws... and I have a story about that. When I moved to Volusia county I had NO IDEA that such a thing as a "shark fishing ban" actually existed. Coming from Texas, the idea of having such laws is ridiculous. There is not a beach in Texas that says you cannot fish for Sharks, EVEN GALVESTON! 1 day I'm fishing with my dad near Ponce Inlet, taking out baits in a kayak when I hear someone speaking in a loud speaker screaming "return to the beach". I turn around to see a beach patrol man sitting there waving me back to shore. I paddle back and ask what the problem is to which he replies "you're shark fishing". I gave him a look like "no shit I'm shark fishing". He then goes on to explain that the County has a legal ban on shark fishing, blah blah blah, and that I'm to remove my gear and leave the beach. So I do as such with my old man and head back to the house, to which my father calls FWC to file a complaint. not more than 20 minutes later, a high ranking gentleman calls back to hear the story. From what FWC told us was that they had never heard of Beach Patrol having such authority over something like this. Not only that, but it seems as the a county is going over that FWC to create its own FISHING REGULATIONS.... WHICH IS ILLEGAL!!!! THEN 2 months ago I have a Wildlife ranger drive down the beach and check my license. Before he took off after approving my license, I ask him if he knows about the supposed shark ban in Volusia county, in which case all he does is give me a "wtf" expression. HE had never heard of it and was actually really surprised it even exists. So I do some research and what do you know!!! In the 1960's, Volusia County "passes" a shark ban, BUT just 2 years ago in 2011 the state finally realized that this existed which lead to the lifting of the illegal ban!!! So inconclusion, THERE IS NO SUCH THING AS A SHARK BAN FOR VOLUSIA COUNTY! If beach patrol is harrassing people about getting kicked off the beach, they are stepping out of their jurisdiction. Basically, bans on shark fishing are bullshit. Sorry about that rant. The biggest shark I've caught is currently a 116lb Blacktip I landed just yesterday, posted a report on it today. I have definetly hooked up to sharks bigger than that, but alas it is my current best. Looking to change that REAL soon! Hey if you made it all the way to the end, you are one tough dude! here is my contact info: 8323190666 fairweathersurffishing@yahoo.com GLAD TO BE HERE!!!

This topic was modified 3 months ago 2 times by william

SOUTH FLORIDA SHARK CLUB -President SFSC-Founding Member est 1983 SFSC-Website Administrator BIG HAMMER SHARK TOURNAMENT -Founder Rene Memorial Sharkathon -Founder NMFS Shark Tagger

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Topic starter Posted : 04/10/2013 12:44 pm
TC.orlando
(@tc-orlando)
Trusted Member

This is great Will! Thanks for sharing!! :D :D

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Posted : 04/18/2013 7:11 am
topwater dm
(@topwater-dm)
Honorable Member

Great reseach work Casey.You may want to post that new X-ban law on the site so you and others who fish that area can print it out and have it in hand when you fish that area.....Dave

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Posted : 04/18/2013 8:51 pm
mjg3
 mjg3
(@mjg3)
Estimable Member

just last year I was asked to stop sharking at CNS north by the ranger who told me I was contributing to the reason NSB was the shark bite capital of the world! but the week before when he stopped to check my license he asked what I was fishing for??? I told him Big Bait, Big Fish!! he chuckled and went on down the beach

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Posted : 05/01/2013 6:22 pm
mjg3
 mjg3
(@mjg3)
Estimable Member

this is good the trip to the north ond of CNS -Apollo vs the south end -Playlinda is about 30 mins difference to Apollo! and at 5am every min counts!!
the best part is that my pass is good at either end!!

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Posted : 05/01/2013 6:27 pm
william
(@william)
Member Admin

As of late we have been receiving complaints from shark fishermen being kicked off of Holmes Beach(Anna maria Island) on the Florida's west coast .Read the article above and let's get these sea-side cops educated to the fact that there SHARK FISHING BANS are totally Illegal and Unconstitutional,,,,,GET INVOLVED OR LOSE YOUR FISHING RIGHTS.Somewhere in this section of this SFSC site we have the specific State of Florida statute that Protects our beach fishing rights if someone can dig it up and post a link to it we would be grateful.There is also the Florida Statute that describes that only FWC may enact and enforce wildlife regulations,pass Protected species status ,size limits and seasons.

SOUTH FLORIDA SHARK CLUB -President SFSC-Founding Member est 1983 SFSC-Website Administrator BIG HAMMER SHARK TOURNAMENT -Founder Rene Memorial Sharkathon -Founder NMFS Shark Tagger

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Topic starter Posted : 07/10/2013 10:27 am
BiggTrave
(@biggtrave)
Trusted Member

If you click on this link http://www.volusia.org/services/public- ... ch-safety/ scroll down click on "Beach Code" then click on "Article IV.-Conduct" scroll down to "Sec 20-116.-Fishing" it says

"It shall be unlawful for any person:
(1) To fish in the ocean after having been warned by a member of the Beach Patrol or any law enforcement officer that the health and safety of swimmers is being endangered; or
(2) While on the beach or within 600 feet from shore to intentionally fish for sharks or to fish by those methods commonly known as "chumming" or "bloodbaiting."

Nothing in this section shall be construed to create a duty of any sort on the part of any county or municipal employee to prevent fishing or to warn of the presence of sharks in the ocean.
(Ord. No. 87-36, § 4.05, 11-16-87; Ord. No. 97-2, § I, 2-6-97)

I love to fish Ponce Inlet Its my favorite surfing and sharkfishing spot! Beach Patrol has never said anything and they drive past me on the way to the station at the jetty almost every night I'm out there. Since I read this I had to quit fishing volusia county beaches sucks because its adds an extra 30 to 45 min to my drive going north or south! I printed off a copy of these things and am going to send a handwritten letter to the FWC director of legal but I don't know how much good it will do... Arguing with people that enforce the law never got me anywhere but in more trouble lol So maybe this letter will shake things up however I doubt it... I'll keep ya'll posted

All I hear is Gawd sayin "Keep puttin ur time in baby boy I'll get u dere"
"Dear Lord, be good to me your sharks are so big and I am so small"
"If u roll wit us for a day u either gon experience y we do wat we do or y so few of us do it! Its gon be dat great or dat terrible!

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Posted : 07/10/2013 6:31 pm
BiggTrave
(@biggtrave)
Trusted Member

Well Guys, I received a response to my letter I wrote to the director of legal of FWC this is what he said verbatim in his email response to my letter

"Thank you for your letter regarding local government regulation of shark fishing from Florida’s beaches.

The Florida Constitution, Article IV, Section 9, gives the Fish and Wildlife Conservation Commission (“FWC”) exclusive regulatory authority over wildlife, fresh water aquatic life and marine life. This includes fishing regulations. Rules regulating fishing, in this case shark fishing from shore, would need to be adopted by FWC. Local governments to not have the authority to adopt fishing ordinances of general application. Local governments can, however, pass ordinances that regulate activities on their property. If the county owns or manages a public beach they can prohibit shark fishing from that beach." So it seems that our rights are only be violated on non county owned or managed beaches... I guess I'd need a lawyer to shark fish at Ponce Inlet county owned park. :( :( :( :( :( :( :( :( :( :( :( :( :( :( :(

All I hear is Gawd sayin "Keep puttin ur time in baby boy I'll get u dere"
"Dear Lord, be good to me your sharks are so big and I am so small"
"If u roll wit us for a day u either gon experience y we do wat we do or y so few of us do it! Its gon be dat great or dat terrible!

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Posted : 07/24/2013 5:28 pm
BiggTrave
(@biggtrave)
Trusted Member

Just received a reply to email from Mark Swanson Director of Beach Safety for volusia county he says "All beaches located in Volusia County are managed by Volusia County government." I'll stay on it and keep ya'll updated!

All I hear is Gawd sayin "Keep puttin ur time in baby boy I'll get u dere"
"Dear Lord, be good to me your sharks are so big and I am so small"
"If u roll wit us for a day u either gon experience y we do wat we do or y so few of us do it! Its gon be dat great or dat terrible!

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Posted : 07/24/2013 7:55 pm
TC.orlando
(@tc-orlando)
Trusted Member

Nate, Keep it up. Someone has to get to the bottom of this. As there seems to be no definitive answer regarding the subject at hand. As long as the people fishing are respectful and courteous to the swimmers/fishers on the beach there isn't much else to do. Tight Lines everyone!!

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Posted : 07/24/2013 9:26 pm
william
(@william)
Member Admin

Re: ALL "SHARK FISHING BANS"in Florida are Illegal
Postby 'lowprofile' » Mon Aug 19, 2013 9:08 pm

you can add south walton county to that list. Destin, San Destin, Mirimar Beach, crystal Beach, topsail hill preserve state park and Grayton Beach state park all fall under that. The code states you are not allowed to intentionally fish for sharks, blood bait or chum withing 2500ft of shore in south walton county.

I even talked to some life guards before wanting to set up and they said if i "intentionally dragged a shark on the beach, you'd have some questions to answer to the sheriff" and it would make their job harder.... AND i wasn't going to catch anything over 5ft anyways.

Okaloosa county, just west, is a lot more accommodating. The Sheriff and life guards will actually stop to see how your doing and have given me a hand when i needed it. 8-) either by throwing me a rope/tool or keep a crowd off my back.

SOUTH FLORIDA SHARK CLUB -President SFSC-Founding Member est 1983 SFSC-Website Administrator BIG HAMMER SHARK TOURNAMENT -Founder Rene Memorial Sharkathon -Founder NMFS Shark Tagger

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Topic starter Posted : 05/27/2014 3:52 pm
william
(@william)
Member Admin

Quote "FWSurfFishing" » Tue Sep 17, 2013 11:10 am

I'm very happy to see my letter being used, everyone should know their rights!

But now adding on to what I've said...

It has been quite a few months since the incident occured with me. I have noticed that fishing the Daytona side of Ponce Inlet yields no harrassment from Beach Patrol or the Life Guards, but crossing over to NSB and your in for a world of grief... just ridiculous really. Over the past few months I've landed AT LEAST 30 Blacktips, some ranging 6 ft nose to tip. Periodically a life guard or beach patrol vehicle will be driving down around the same time as me dragging a shark up the beach while bystanders stare in awe. They get out and TAKE PICTURES, congratulate me, and move on down the beach... I mean if you want proof that the bans are illegal what better evidence than THAT! I actually managed to speak to a beach patrolman (he didn't want to give me his name, which I understand), I asked him about the supposed ban and if he knew anything about it. At first he avoided the topic, basically saying no comment, but did eventually say that he was told about it from a superior but he didn't feel it was legal for him to kick someone off the beach just for fishing no matter what species. He then told me that not everyone in the force knows it and only the highest ranking officials will actually stop you, which he later told me they circle NSB primarily.

So there's a little more information for you guys. Trust me you don't need to go to NSB to catch your fish, in fact I have a spot that has been yielding some crazy catches for me as of late. it's about 3/4 of a mile North of Ponce Inlet on a street called Oceanview Ave. The sharks are so THICK right now they're running up along the shore bank chasing mullet. Tons of Blacktips and Spinners. BUT if you do choose to go to NSB KNOW YOUR RIGHTS AS A FISHERMAN. Some of those pricks over there will harrass the crap out of you, to the point you'll almost want to leave. Do what you feel is comfortable and if at all possible get as much info from the guys kicking you off, their names, time of day, what they told you, etc...

Happy fishing guys!
To see me and some of my buddies fishing for Sharks on the beaches of Volusia County, check out

To listen to some awesome extreme metal, check out my band Suicide Pandemic!
http://www.reverbnation.com/suicidepandemic

SOUTH FLORIDA SHARK CLUB -President SFSC-Founding Member est 1983 SFSC-Website Administrator BIG HAMMER SHARK TOURNAMENT -Founder Rene Memorial Sharkathon -Founder NMFS Shark Tagger

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Topic starter Posted : 05/27/2014 3:56 pm
Anonymous
(@anonymous)
Prominent Member Guest

HELP!!!! Holmes beach is at it again. Tonight a few of us hit the sand as normal on 72nd on Anna Maria island. Shortly after getting baits deployed and setting up site. We were welcomed by the police. They kicked us off the beach saying a no shark fishing ban has been passed and we had to leave. Who in the area is willing to fight this with me and sit down to get documents stating they are not allowed to do this. We are losing our rights and can no longer do what we love and passion for. Any please pm me im willing to meet, sit down and get this sorted out im by no means afraid to go in the commissioners office first thing.

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Posted : 05/28/2014 11:05 pm
queenshark
(@queenshark)
Eminent Member

I spent the last 2 weeks in talks with Volusia County. The end result is that the shark Ban ordinance is not enforceable! The Sheriff's department has been notified, and they emailed me to let me know that they are aware they can not enforce a ban. They did say they can enforce the public safety issue if for example, an angler reels in a shark and releases it in a beach full of swimmers. But overall, if we are fishing away from people or at night, they will not be bothering us anymore. This came from the top. The Volusia County Senator, the County Council, the Sheriff's Office, their legal advisers, the county attorney, beach patrol, and FWC were all involved in resolving this issue. So, if anyone ever runs into anymore issues in Volusia or Walton County, please reach out to me. 407-283-1248.

It turned out that the shark bans in Volusia and Walton county were intentionally misleading to make the public believe that these bans were enforceable on the beaches. Thanks to FWC, we discovered that the bans were for county owned property only. When the ordinances were written, they conveniently left out 4 little words, "on county owned property." There were other factors that played a role in finally getting them to realize they could not ban us from shark fishing, but who cares. As long as we are no longer going to be harassed, that's all that matters.

We finally got our victory!

Move over boys!
Let a girl show you how to catch a shark!

___________________________________________________________________
2015 BTC 2nd place Largest Shark-female angler
2015 BHC 1st place Largest Shark-female angler
2015 BHC 3rd place Most Sharks

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Posted : 07/03/2015 2:35 pm
william
(@william)
Member Admin

A BIG CONGRATULATIONS ON THE VICTORY-- WE ARE ALL GRATEFUL . I'M HAPPY THE "SHOREBOUND ANGLERS ALLIANCE" COULD BE OF HELP.VOLUSIA COUNTY AND ALL THE OTHER FLORIDA CITIES THAT PASSED SUCH IGNORANT ORDINANCES ARE NOW COMING TO THE REALIZATION THAT THEY ARE NOT LEGAL AND WRONG.THANKS TO MELINDA COLON FOR HER DILIGENT WORK ON ALL OUR BEHALF.

SOUTH FLORIDA SHARK CLUB -President SFSC-Founding Member est 1983 SFSC-Website Administrator BIG HAMMER SHARK TOURNAMENT -Founder Rene Memorial Sharkathon -Founder NMFS Shark Tagger

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Topic starter Posted : 07/06/2015 6:46 pm
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