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

Thing is, they are purging the public to support this frenzy about banning shark fishing in general. Down here in Palm Beach County and during the mullet run there are BIG turnouts for local shark fishing tournaments. This year, the BlackTip Challenge was plastered all over the news, footage showing trash and beer cans and dead bait on the beach else a dead shark buried halfway in the sand, all kinds of negatives were aired. Right now, the shark activity along the surf is huge, and some beaches have been closed because of this activity. Just about every night on the evening news is some kind of story having to do with sharks, either an attack or even very rarely a nice catch. There was a story about a girl shark fishing who got bit while trying to de-hook the fish, totally negative, naturally. And just now 'Shark Week' comes into play on the Discovery channel....so there is all kinds of shark activity abound, getting the public all fired up and swarmed into a frenzy against sharks. Jaws is once again upon us! We just gotta say to them:

"Y'all know me. Know how I earn a livin'. I'll catch this bird for you, but it ain't gonna be easy. Bad fish. Not like going down the pond chasin' bluegills and tommycods. This shark, swallow you whole. Little shakin', little tenderizin', an' down you go. And we gotta do it quick, that'll bring back your tourists, put all your businesses on a payin' basis. But it's not gonna be pleasant. I value my neck a lot more than three thousand bucks, chief. I'll find him for three, but I'll catch him, and kill him, for ten. But you've gotta make up your minds. If you want to stay alive, then ante up. If you want to play it cheap, be on welfare the whole winter. I don't want no volunteers, I don't want no mates, there's just too many captains on this island. $10,000 for me by myself. For that you get the head, the tail, the whole damn thing.

Thing is, they are purging the public to support this frenzy about banning shark fishing in general. Down here in Palm Beach County and during the mullet run there are BIG turnouts for local shark fishing tournaments. This year, the BlackTip Challenge was plastered all over the news, footage showing trash and beer cans and dead bait on the beach else a dead shark buried halfway in the sand, all kinds of negatives were aired. Right now, the shark activity along the surf is huge, and some beaches have been closed because of this activity. Just about every night on the evening news is some kind of story having to do with sharks, either an attack or even very rarely a nice catch. There was a story about a girl shark fishing who got bit while trying to de-hook the fish, totally negative, naturally. And just now 'Shark Week' comes into play on the Discovery channel....so there is all kinds of shark activity abound, getting the public all fired up and swarmed into a frenzy against sharks. Jaws is once again upon us! We just gotta say to them:.

The thing is this. Yes, they can close the beach to swimming because they can enforce the "public safety" rule. You need to find out if the beach is closed to those who want to be on the beach or only for those who are swimming. If it is closed for everyone, meaning no access, then no, you can't fish period. However, if it is closed for swimming, they can not stop you from fishing. If they try, kindly remind them that there is no law that bans shark fishing and that FWC has made it very clear to them that they can not enforce any shark fishing ban. Palm beach county knows the rules. I have spoken to their lawyer and after the BTC, they had a meeting to come up with new ordinances. He sent me the rulings and it only applies to county owned property which is above the mean high tide line. If you have any issues, please contact me at 407-283-1248.

i guess the authorities would have to determine if one is actually "shark fishing". I hear about shark fishing bans but not fishing bans, especially up in NC right now with all the attacks. What I gather this means is that fishing is allowed but not "shark fishing." Yet i can very well shark fish if I wanted to with regular surf rods. Would be interesting to see how these ordinances come about and determine who is shark fishing or not.

i guess the authorities would have to determine if one is actually "shark fishing". I hear about shark fishing bans but not fishing bans, especially up in NC right now with all the attacks. What I gather this means is that fishing is allowed but not "shark fishing." Yet i can very well shark fish if I wanted to with regular surf rods. Would be interesting to see how these ordinances come about and determine who is shark fishing or not.

Up until a week ago, many towns were looking at rods and bait to determine if people were shark fishing. That is no longer the case. If that happens, please keep my number handy as I will gladly forward them the email from the state confirming that ALL bans are unenforceable. If you are having problem with a certain county, you can let me know and I can reach out beforehand so that you won't be harassed while fishing.

As for NC, I have reached out to the directors office and I am working with them to get them to move a little faster and resolve this issue.

i guess the authorities would have to determine if one is actually "shark fishing". I hear about shark fishing bans but not fishing bans, especially up in NC right now with all the attacks. What I gather this means is that fishing is allowed but not "shark fishing." Yet i can very well shark fish if I wanted to with regular surf rods. Would be interesting to see how these ordinances come about and determine who is shark fishing or not.

Up until a week ago, many towns were looking at rods and bait to determine if people were shark fishing. That is no longer the case. If that happens, please keep my number handy as I will gladly forward them the email from the state confirming that ALL bans are unenforceable. If you are having problem with a certain county, you can let me know and I can reach out beforehand so that you won't be harassed while fishing.

As for NC, I have reached out to the directors office and I am working with them to get them to move a little faster and resolve this issue.

That's good that you are looking into this. I have not had any issues with shark fishing around the Juno, Boynton area. Most activity I see are people on ATVs staking out turtle nest. I'd still like to see how they go about making a positive identification on who is or who is not shark fishing because one you can shark fish with any rod. Doesn't mean it can be caught. Very subjective unless big hooks, big baits, big reels and maybe a Yak. Then again I've seen guys on the beach with big gear and baits and yaks going after Tarpon. Perhaps if they narrow it down to steel leaders they'd be able to make a positive ID. Probably have to wait until they see and actual shark caught in order to enforce some stupid law. Then again I've seen sharks caught without the slightest interest in catching them....just goes on and on, the nonsense.

i guess the authorities would have to determine if one is actually "shark fishing". I hear about shark fishing bans but not fishing bans, especially up in NC right now with all the attacks. What I gather this means is that fishing is allowed but not "shark fishing." Yet i can very well shark fish if I wanted to with regular surf rods. Would be interesting to see how these ordinances come about and determine who is shark fishing or not.

Up until a week ago, many towns were looking at rods and bait to determine if people were shark fishing. That is no longer the case. If that happens, please keep my number handy as I will gladly forward them the email from the state confirming that ALL bans are unenforceable. If you are having problem with a certain county, you can let me know and I can reach out beforehand so that you won't be harassed while fishing.

As for NC, I have reached out to the directors office and I am working with them to get them to move a little faster and resolve this issue.

That's good that you are looking into this. I have not had any issues with shark fishing around the Juno, Boynton area. Most activity I see are people on ATVs staking out turtle nest. I'd still like to see how they go about making a positive identification on who is or who is not shark fishing because one you can shark fish with any rod. Doesn't mean it can be caught. Very subjective unless big hooks, big baits, big reels and maybe a Yak. Then again I've seen guys on the beach with big gear and baits and yaks going after Tarpon. Perhaps if they narrow it down to steel leaders they'd be able to make a positive ID. Probably have to wait until they see and actual shark caught in order to enforce some stupid law. Then again I've seen sharks caught without the slightest interest in catching them....just goes on and on, the nonsense.

Thats what I am trying to explain. They no longer need to make that determination because they can no loger stop you from doing it. I can go to any beach I want right now, with an 80W and a bucket full of bait and a big sign that says, "I am shark fishing" and there is nothing no one can do about it. The only time they could stop me, is if I am being reckless and endangering the public. For example, guarded beaches are off limits within the guarded area, AKA the swim area. Do not go drop a shark line above where a family is swimming. Now if you are out on an empty beach and someone shows up and decides to swim under your stuff, kindly let them know what you are doing. If they argue that you have to leave, then refuse. Then again, do not go and set up on an empty beach knowing that it normally gets crowded in a few hours.

I hear what you are saying but some towns make their own rules and this is perhaps what is so troubling about this sport, and perhaps what you are up against with your endeavors. They generalize the ordinances and go from there, with the enforcing officers having little to no knowledge of what they are actually enforcing. In the Miami Dade area, it is becoming nearly impossible to fish from any beach...and that's regular fishing from a visitor who happens to bring along a fly rod or something. I've heard of actual citations being issued down there up to $100. Most officers just tell folks to leave, no fishing, but the hard-liners pull out their ticket books, kinda like a parking ticket. People don't fight this; the leave and then pay and never go again.

As I said earlier up, these shark fishing tournaments (for profit) are only making it worse. That blackTip challenge event this year was plastered all over the news like every day with all kinds of negatives. Some of the stuff was legit, like the dead hammerhead buried halfway up in the sand and all the trash left on some of the tournament fishing areas. Consequently, the public was rallied and rattled in a most negative way. Not good. Nothing against these tournaments but it is does have a huge impact on what these towns ultimately do with their fishing ordinances.

Sometimes the source needs to be addressed in order to ultimately solve a problem...IMHO.

I would like to thank all of you that have fought hard to protect our rights to fish for sharks. Following the advice posted here I have had no proublems finding great places to fish. First dont try to fish at beaches set aside for swimming. I like to fish late so I avoid beaches only open from sun up to sun down. By doing this I have had no proublems. I have had the law stop by while I am fishing but havnt had any proublems thanks to the hard work and time people from this site have done. Keep up the great work.

I just was told not to shark fish on Holmes beach.

Ive been shark fishing there for almost a year now on and off.

The Sheriff for Holmes beach stopped by today while I was catching bait. He had saw my Penn Senetor 9/0 there. He said they are not specifically banning shark fishing but acts that inhibit the economic industry of the beach which is shark fishing. He said dont do it or I will get fined.

What is up with this? I saw Holmes beached mentioned before, has anything been done about this?

"Act on the Economic Industry"" sounds like the Hotel owners out of fear of losing there high paying tenants are pressuring the local sheriffs office to intimidate you OFF THE BEACH,,,,if i were you I would take a ride to the sheriffs office and ask to talk to the station chief and let them know we have the right to fish under Florida's constitution without any sort of harrasment. I would also talk to your local FWC office and have them notify that Police Department that they cannot ban you from fishing on the beach . Don't be afraid to stand up for your rights,,,,,,,NEVER!

Ok, it looks like I may have to give them a visit and give the FWC a call.