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My Right to Fish State Land

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This area is all about things that can affect the Boatless-Land Fisherman as to State and Local Regulations, Rules that pertain to areas that we may fish and enviromental issues that we need to get involved in. Please read these posts and get invovled. We are stonger in Numbers.

My Right to Fish State Land

Postby BoatlessFisherman » Wed Aug 18, 2010 5:13 pm

Yes I have used this to fight a wrongful act by the City of Fort Lauderdale to prohibit me from fishing the Beach in 2006 and they came back with many apologies from the mayor on down. But I made sure I was with in my rights before I started the fight.

I am sure you can use this in many fights you just need to present it in a well defined manner.

Squirm you political anti fishing fascists

Ok, so you have a better understanding.

I am not a lawyer but I do use common sense when reading this stuff, so most of what I say will be correct, I just can't say all. But I think I am right.

Municipalities are given the right to pass laws under Public safety, but they need to show a safety issue.


The State of Florida does not agree to the discrimination of a particular type of fishing, so when a law of banning fishing is instituted it must be a ban of fishing not just a specific type.


I am not saying you should battle at the place you are fishing, what I am saying is remember this and use it to make your point through the correct channels.

Mayor, City Manager, Police Chief, Representatives and so on do not like to read this stuff it threatens them with the idea of civil suits and in some cases the State of Florida has to step up also and join in, because they can not allow City's and County's to supersede them or what's the point of a State Government ????

Anyway use this how you see fit to help you, remember as an American you have the right to say something and I would hope you would use it.


This Protects your 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.



This protects you from being hassled and yes it could be applied against a city or county official who asks you to leave when you are with in your rights.


379.105 Harassment of hunters, trappers, or fishers.--

(1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:

(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.

(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.

(2) Any person who violates this section commits a Level Two violation under s. 379.401.

History.--s. 2, ch. 90-170; s. 27, ch. 2006-304; s. 9, ch. 2008-247.


The below is important it is clarification as to what the legal Mumbo Jumbo


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

(1) "Authorization" means a number issued by the Fish and Wildlife Conservation Commission, or its authorized agent, which serves in lieu of a license or permits and affords the privilege purchased for a specified period of time.

(2) "Beaches" and "shores" shall mean the coastal and intracoastal 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.

(3) "Closed season" shall be that portion of the year wherein the laws or rules of Florida forbid the taking of particular species of game or varieties of fish.

(4) "Coastal construction" includes any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore processes.

(5) "Commercial harvester" means any person, firm, or corporation that takes, harvests, or attempts to take or harvest saltwater products for sale or with intent to sell; that is operating under or is required to operate under a license or permit or authorization issued pursuant to this chapter; that is using gear that is prohibited for use in the harvest of recreational amounts of any saltwater product being taken or harvested; or that is harvesting any saltwater product in an amount that is at least two times the recreational bag limit for the saltwater product being taken or harvested.

(6) "Commission" shall mean the Fish and Wildlife Conservation Commission.

(7) "Common carrier" shall include any person, firm, or corporation, who undertakes for hire, as a regular business, to transport persons or commodities from place to place offering his or her services to all such as may choose to employ the common carrier and pay his or her charges.

(8) "Coon oysters" are oysters found growing in bunches along the shore between high-water mark and low-water mark.

(9) "Department" shall mean the Department of Environmental Protection.

(10) "Erosion control," "beach preservation," and "hurricane protection" shall include any activity, work, program, project, or other thing deemed necessary by the Department of Environmental Protection to effectively preserve, protect, restore, rehabilitate, stabilize, and improve the beaches and shores of this state, as defined above.

(11) "Exhibit" means to present or display upon request.

(12) "Finfish" means any member of the classes Agnatha, Chondrichthyes, or Osteichthyes.

(13) "Fish and game" means all fresh and saltwater fish, shellfish, crustacea, sponges, wild birds, and wild animals.

(14) "Fish management area" means a pond, lake, or other water within a county, or within several counties, designated to improve fishing for public use, and established and specifically circumscribed for authorized management by the commission and the board of county commissioners of the county in which such waters lie, under agreement between the commission and an owner with approval by the board of county commissioners or under agreement with the board of county commissioners for use of public waters in the county in which such waters lie.

(15) "Fish pond" means a body of water that does not occur naturally and that has been constructed and is maintained primarily for the purpose of fishing.

(16) "Food fish" shall include mullet, trout, redfish, sheepshead, pompano, mackerel, bluefish, red snapper, grouper, black drum, jack crevalle, and all other fish generally used for human consumption.

(17) "Fresh water," except where otherwise provided by law, means all lakes, rivers, canals, and other waterways of Florida, to such point or points where the fresh and salt waters commingle to such an extent as to become unpalatable and unfit for human consumption because of the saline content, or to such point or points as may be fixed by order of the commission by and with the consent of the board of county commissioners of the county or counties to be affected by such order. The Steinhatchee River shall be considered fresh water from its source to mouth.

(18) "Freshwater fish" means all classes of pisces that are indigenous to fresh water.

(19) "Fur-bearing animals" means muskrat, mink, raccoon, otter, civet cat, skunk, red and gray fox, and opossum.

(20) "Game" means deer, bear, squirrel, rabbits, and, where designated by commission rules, wild hogs, ducks, geese, rails, coots, gallinules, snipe, woodcock, wild turkeys, grouse, pheasants, quail, and doves.

(21) "Guide" shall include any person engaged in the business of guiding hunters or hunting parties, fishers or fishing parties, for compensation.

(22) "Marine fish" means any saltwater species of finfish of the classes Agnatha, Chondrichthyes, and Osteichthyes, and marine invertebrates in the classes Gastropoda, Bivalvia, and Crustacea, or the phylum Echinodermata, but does not include nonliving shells or echinoderms.

(23) "Molest," in connection with any fishing trap or its buoy or buoy line, means to touch, bother, disturb, or interfere or tamper with, in any manner.

(24) A "natural oyster or clam reef" or "bed" or "bar" shall be considered and defined as an area containing not less than 100 square yards of the bottom where oysters or clams are found in a stratum.

(25) "Nongame" means all species and populations of indigenous wild vertebrates and invertebrates in the state that are not defined as game.

(26) "Nonresident alien" shall mean those individuals from other nations who can provide documentation from the Bureau of Citizenship and Immigration Services evidencing permanent residency status in the United States. For the purposes of this chapter, a "nonresident alien" shall be considered a "nonresident."

(27) "Open season" shall be that portion of the year wherein the laws of Florida for the preservation of fish and game permit the taking of particular species of game or varieties of fish.

(28) "Private hunting preserve" includes any area set aside by a private individual or concern on which artificially propagated game or birds are taken.

(29) "Reef bunch oysters" are oysters found growing on the bars or reefs in the open bay and exposed to the air between high and low tide.

(30) "Resident" or "resident of Florida" means:

(a) For purposes of part VII of this chapter, with the exception of ss. 379.363, 379.3635, 379.364, 379.3711, 379.3712, 379.372, 379.373, 379.374, 379.3751, 379.3752, 379.3761, 379.3762, and 379.377, and for purposes of s. 379.355, citizens of the United States who have continuously resided in this state, next preceding the making of their application for hunting, fishing, or other license, for the following period of time, to wit: For 1 year in the state and 6 months in the county when applied to all fish and game laws not related to freshwater fish and game.

(b) For purposes of part VI of this chapter, with the exception of s. 379.355, and for purposes of ss. 379.363, 379.3635, 379.364, 379.3711, 379.3712, 379.372, 379.373, 379.374, 379.3751, 379.3752, 379.3761, 379.3762, and 379.377, any person who has continually resided in the state for 6 months or any member of the United States Armed Forces who is stationed in the state.

(31) "Resident alien" shall mean those persons who have continuously resided in this state for at least 1 year and 6 months in the county and can provide documentation from the Bureau of Citizenship and Immigration Services evidencing permanent residency status in the United States. For the purposes of this chapter, a "resident alien" shall be considered a "resident."

(32) "Restricted species" means any species of saltwater products which the state by law, or the Fish and Wildlife Conservation Commission by rule, has found it necessary to so designate. The term includes a species of saltwater products designated by the commission as restricted within a geographical area or during a particular time period of each year. Designation as a restricted species does not confer the authority to sell a species pursuant to s. 379.361 if the law or rule prohibits the sale of the species.

(33) "Salt water," except where otherwise provided by law, shall be all of the territorial waters of Florida excluding all lakes, rivers, canals, and other waterways of Florida from such point or points where the fresh and salt waters commingle to such an extent as to become unpalatable because of the saline content, or from such point or points as may be fixed for conservation purposes by the Department of Environmental Protection and the Fish and Wildlife Conservation Commission, with the consent and advice of the board of county commissioners of the county or counties to be affected.

(34) "Saltwater fish" means:

(a) Any saltwater species of finfish of the classes Agnatha, Chondrichthyes, or Osteichthyes and marine invertebrates of the classes Gastropoda, Bivalvia, or Crustacea, or of the phylum Echinodermata, but does not include nonliving shells or echinoderms; and

(b) All classes of pisces, shellfish, sponges, and crustacea indigenous to salt water.

(35) "Saltwater license privileges," except where otherwise provided by law, means any license, endorsement, certificate, or permit issued pursuant to this chapter.

(36) "Saltwater products" means any species of saltwater fish, marine plant, or echinoderm, except shells, and salted, cured, canned, or smoked seafood.

(37) "Shellfish" shall include oysters, clams, and whelks.

(38) "Take" means taking, attempting to take, pursuing, hunting, molesting, capturing, or killing any wildlife or freshwater or saltwater fish, or their nests or eggs, by any means, whether or not such actions result in obtaining possession of such wildlife or freshwater or saltwater fish or their nests or eggs.

(39) "Transport" shall include shipping, transporting, carrying, importing, exporting, receiving or delivering for shipment, transportation or carriage or export.

History.--s. 2, ch. 28145, 1953; s. 1, ch. 63-40; s. 1, ch. 65-140; ss. 25, 35, ch. 69-106; s. 127, ch. 71-377; s. 1, ch. 78-56; s. 76, ch. 79-164; s. 1, ch. 85-234; s. 1, ch. 87-116; s. 4, ch. 88-412; s. 1, ch. 89-270; s. 4, ch. 90-310; s. 4, ch. 93-223; s. 192, ch. 94-356; s. 979, ch. 95-148; s. 1, ch. 96-300; s. 2, ch. 98-203; s. 1, ch. 98-227; s. 94, ch. 99-245; s. 7, ch. 2003-143; s. 34, ch. 2004-5; s. 1, ch. 2006-304; s. 3, ch. 2008-247.

Note.--Former s. 370.01.
-Tommy A-

click, click, click, Fish ON - Over, Under, Over, Under Get out of my Way. Sound familiar.
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Re: My Right to Fish State Land

Postby rshields » Wed Aug 18, 2010 7:52 pm

Thanks Tommy. Read it all and I am printing this in the morining at work and having a friend look it over for comments; she is a lawyer and I want to see what she has to say. If I get any valid input I will be sure to post it.
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Re: My Right to Fish State Land

Postby Xpierrat » Mon Sep 06, 2010 5:18 pm

Tommy has there been any more on this.... The way I am believing what I am reading you have the right to fish any beach as long as you are from the mean high water line to in the water..... Does this super-cede the beaches where there are lifeguards and swimmers?.... Would not be very polite or smart if there are swimmers again common sense ..... but like Sunny Isles even kicks you off at night and before and after the guards are on duty... which I hope this stature would over ride their right to do so.....

Any thoughts?????
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Re: My Right to Fish State Land

Postby Zipity_Bop » Mon Sep 06, 2010 6:13 pm

Just curious, what actually falls under
"(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another."
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Re: My Right to Fish State Land

Postby Xpierrat » Mon Sep 06, 2010 9:48 pm

I know that this law was written partly in response to actions by PETA and other groups with similar agendas.... walking thru the middle of a trout stream on opening day, going thru the woods banging pots and pans are examples of actual actions that were going on before these laws were passed by most states...privet land owners and hotels claiming the beach as theirs is another example
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Re: My Right to Fish State Land

Postby fixed80 » Mon Sep 06, 2010 11:09 pm

Xpierrat wrote:The way I am believing what I am reading you have the right to fish any beach as long as you are from the mean high water line to in the water.....


well there are shorelines that you cant fish. one is the KSC. anyone touching that beach will be headin off to D.C. :wink:
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Re: My Right to Fish State Land

Postby Xpierrat » Tue Sep 07, 2010 9:39 am

Not sure what KSC stands for ( moved down last year so still learning ) but with the DC reference I am assuming it is Federal property which would super cede state law.... ?
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Re: My Right to Fish State Land

Postby fixed80 » Tue Sep 07, 2010 9:48 am

Xpierrat wrote:Not sure what KSC stands for ( moved down last year so still learning ) but with the DC reference I am assuming it is Federal property which would super cede state law.... ?


KSC stands for Kennedy Space Center. stepping onto the property is highly illegal thus you would go to D.C i would assume which stands for department corrections.
but truthfully.... not all beaches can be fished if they are government owned.
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Re: My Right to Fish State Land

Postby BoatlessFisherman » Wed Sep 08, 2010 1:26 am

Ok this is the break down as to what I have learned over the years, but I must warn you even though you have the law in your hand in many cases you will still have to fight to maintain your right, by that I mean many in City and County official seats do not know or understand the law and until it is explained they will feel they are right even if they are not.

I am not a Lawyer and in no way am I giving anyone legal advise, I am just explaining how I see it and cases I have heard off how they played out in court.


posted by Xpierrat
Tommy has there been any more on this.... The way I am believing what I am reading you have the right to fish any beach as long as you are from the mean high water line to in the water..... Does this super-cede the beaches where there are lifeguards and swimmers?.... Would not be very polite or smart if there are swimmers again common sense ..... but like Sunny Isles even kicks you off at night and before and after the guards are on duty... which I hope this stature would over ride their right to do so.....

Any thoughts?????


The answer is this IMO
A beach which has lifeguards, no you can not fish during there hours of operation and this is why, the State of Florida gives to the Cities and Counties the right to make a law that protects the citizens from safety issues which would than supersede the State law and right and for the fact that Fishing hooks are on the end of lines a safety issue exist so the City or County can make such a law and the State does recognize it.

Now after hours when swimmers are not there well there is no safety issue so I would think you would be able to fish, but I would think many Cities like Miami will cite you because the Police will see the ordnance and act from that stand point and you than will have to go to court and present your info and than have them explain how they sign away your right to fish with out a safety issue, more than likely it would be thrown out of court.

As to kicking you off the beach, I do not believe any City or County has that right, you are enjoying your pursuant of Happiness, which is mentioned in the State of Florida's Constitution, that is how I would argue that and the fact of my right to Fish as recognized by the State of Florida.

Anther thing is there is a law that makes anything connected to fishing not a Nuisance and in no way can it be considered a nuisance, I will post that law at the end. The law was intended for fish markets and Fishing businesses that were being pushed out by Glamor stores at beach fronts, that did not like the smell nor that type of traffic.
_____________________________________________

Posted by Zipity_Bop
Just curious, what actually falls under
"(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another."


Xpierrat is correct as to why this law was put in, but can be used for many different reasons even for divers that are diver in an area as lets say with in 300 feet of a Pier, They are not suppose to be there by state law so they are Harassing you and your Fish, as a Boat is catching bait with in 300 feet of a pier they are harassing you you have the right to be there they don't.

This law is very broad with no real definition so that is good because if it is disturbing where you are fishing and there is no argument for it you should win.

Now you may have to push very hard Fwc Officers or Local Police but if you have these laws on hand I would think they would have to act and if not then get a report and make your complaint and take it higher in the chain of command, because now your rights have just been violated and they are there to protect your rights.

______________________________________________

posted by fixed80
well there are shorelines that you can't fish. one is the KSC. anyone touching that beach will be headin off to D.C.


Yes there are places you can not fish no matter what right you have because the protection of our Borders and Government properties supersede, bottom line State supersedes City and County but Federal Supersedes it all.

The Protection of our Country is the reason why many places are protected and we are not allowed to fish and that is ok with me, because I do not want some wacko scooting up to a power plant and doing something that can hurt a lot of people

Government, Coast Guard, Military Installations, Power plants, preserves, specific estuaries and a few others you can not and will not be able to fish. So everyone pick your battles some you can win and some you can't.

_________________________________________________

Again this is my take and I do believe some others will chime in as to this, but believe me when I say even if you are with in your rights you may still have an uphill battle, but I hope that if you are right you will take that Journey because that's what being free is all about. The more that step up now the less that will have to later.

I have posted this to motivate those that are willing to help in making a difference around our State, I know there is some who love Fishing as much as I and I know when I was stopped nothing stopped me from making my Point and making them Beg, so I hope this helps others to make sure they can Fish where and what they want with in the Law.
-Tommy A-

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Re: My Right to Fish State Land

Postby BoatlessFisherman » Wed Sep 08, 2010 1:27 am

This is another interesting piece of Law

The right to fish from shore is protected in the state constitution. Article X section 11.
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.

A quick interpretation, Unless the land is sold or given by the state to a group or entity for the purpose of like a power plant or water treatment plant. Or the Fed. Gov. for a Navel base or coast guard base or something that is for the good of the public, it belongs to us. No municipality owns the land from Mean High Tide "The 100 year high tide mark" Out into the ocean. Public intrest means all the public, not one group over another group.
The problem is unless "We the people" contact our Senator's and Congress people and tell them to inform these local governments that their ordances are illegal this will continue. In the end we will have no one to blame but our selves.

The court ruled against Stop the Beach Renourishment on several grounds:
•While accretion no longer benefits the private beach, erosion won’t affect private property until after it’s eaten away the public land.
•Beach restoration doesn’t deny the owners’ right to “access, use and view” the waterfront.
•Sand south of the mean high waterline has always been state property, and the state has a right to restore it.
•Being a waterfront owner doesn’t literally mean the edge of your property has to contact the edge of the Gulf.


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.
-Tommy A-

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Re: My Right to Fish State Land

Postby BoatlessFisherman » Wed Sep 08, 2010 1:42 am

Nuisance Law
Like I said this was done for Businesses, but When you are fishing it is an Operation on a Recreational degree and it clearly states below recreational fishing activities which means Fishing so I believe this can be used to stop it from being called a Nuisance or stop any laws that stop you because it is viewed as a Nuisance.

I have made the more valuable in red

Statute Number
379.2351
Land-based commercial and recreational fishing activities; legislative findings and purpose; definitions; legal protection; local ordinances; prohibited activity.

(1)

LEGISLATIVE FINDINGS AND PURPOSE.—The Legislature finds that commercial and recreational fishing constitute activities of statewide importance and that the continuation of commercial and recreational fishing will benefit the health and welfare of the people of this state. The Legislature further finds that commercial and recreational fishing operations conducted in developing and urbanizing areas are potentially subject to curtailment as a result of local government zoning and nuisance ordinances which may unreasonably force the closure of productive commercial and recreational fishing operations. It is the purpose of this act to prevent the curtailment or abolishment of commercial and recreational fishing operations solely because the area in which they are located has changed in character or the operations are displeasing to neighboring residents.

(2)

DEFINITIONS.—As used in this act, “commercial fishing operation” means any type of activity conducted on land, requiring the location or storage of commercial fishing equipment such as fishing vessels, fishing gear, docks, piers, loading areas, landing areas, and cold storage facilities, including any activity necessary to prepare finfish or shellfish for refrigeration. This definition does not include operations with the sole or primary function of processing seafood.
(3)

LEGAL PROTECTION OF COMMERCIAL AND RECREATIONAL FISHING OPERATIONS.—No commercial or recreational fishing operation shall be declared a public or private nuisance solely because of a change in ownership or a change in the character of the property in or around the locality of the operation.
(4)

LOCAL ORDINANCE.—No local governing authority shall adopt any ordinance that declares any commercial or recreational fishing operation to be a nuisance solely because it is a commercial or recreational fishing operation, or any zoning ordinance that unreasonably forces the closure of any commercial or recreational fishing operation. Nothing in this act shall prevent a local government from regulating commercial and recreational fishing operations, including by requiring the use of methods, structures, or appliances where such use will prevent, ameliorate, or remove conditions which create or may create a nuisance or, pursuant to the applicable local zoning code, by declaring a commercial or recreational fishing operation to be a nonconforming use.
(5)

WHEN EXPANSION OF OPERATION NOT PERMITTED.—This act shall not be construed to permit an existing commercial or recreational fishing operation to change to a larger operation with regard to emitting more noise or odor, where such change violates local ordinances or regulations or creates a nuisance.
History.


s. 3, ch. 89-273; s. 56, ch. 2008-247.
Note.


Former s. 370.1103.
-Tommy A-

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Re: My Right to Fish State Land

Postby BoatlessFisherman » Wed Sep 08, 2010 1:55 am

Now when we fish we are in pursuit of Happiness enjoying a hobby or what ever you want to call it but the bottom line is it brings you happiness and I can post any picture of a person holding a fish and they are not frowning everyone is smiling because it brings you Happiness, good luck arguing it does not.

Our constitution protects that right as long as it is with in the law and it is.

This is very simple if the State recognizes your right to Fish as it does, then any Government on down must recognize also your Basic Right

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.
-Tommy A-

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Re: My Right to Fish State Land

Postby BoatlessFisherman » Wed Sep 08, 2010 2:15 am

Ok so what am I saying

1. Cities and Counties have overstepped there Jurisdiction, not all some have the right to make some laws restricting us, but many have gone to far.

2. Cities and Counties have singled out and are discriminating against specific types of Fishing and they can't, not by State law they can only pass laws that are inclusive of all fishing not one specific type because they think it is unsafe, you must prove it.

3. Cities and Counties are stopping some from land that is not there jurisdiction and do not have the Authority to do so.

4. Most City and County Laws are an abomination to a Fishermans Right to Fish and people need to put there Local Governments in Check they work for us.

Now I am for some laws like

1. No chumming in and around swimming areas (this is practiced by us Snapper fisherman and some Sharkers ) there is a safety concern just from common sense

2. Swimmers have right of way if they are there first on a Non Guarded beach, First come first serve

3.The Highest fines should be levied on Fisherman who Litter or waste our Resources

4. Cities and Counties should Trespass known Culprits from there Beaches and shoreline and a data base developed for those people to be put into so other cities can do the same and if they come back arrest them and let them sit in jail for a year, I would rather pay the taxes for them to be in jail then have them screw my fishing up on a specific beach OR AREA.

5. If Fishing is a safety concern in an area I can understand some laws restricting during certain times but not 24 hours unless that concern can be proven.

Ok I am done with my Rant, sorry if I offended anyone we all need to get a rant out once in a while.
-Tommy A-

click, click, click, Fish ON - Over, Under, Over, Under Get out of my Way. Sound familiar.
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Re: My Right to Fish State Land

Postby penn-reel-ryan » Wed Sep 08, 2010 9:07 am

Ok Tommy. Me and a buddy went down to the keys and were fishin under a bridge and hooked up with a couple of tarpon. We released all of them healthy and strong. Then about 5 guys came and told us to sit down and wait for them to call the police. They asked us if we had fishing licenses, I was 15 and my friend was 17. I had proof I was 15 (driving permit) and my friend had his fishing license. Then they asked us if we had tarpon permits and i told them (as far as i remember nicely for someone who just got the cops called on them) we released them and it's not the first time i've delt with tarpon and then the guy took a step toward me and said "are we going to have a problem here". Me and my friend got up ready to fight with 5 drunk guys (what must have been going through our minds i have yet to figure out) and my dad stepped around a corner and asked what the problem was. They told their story and we were portrayed as hoodlums and smart-mouthed . We stayed quiet and the oldest guy (and probably the most sober) just told us that if you kill a tarpon it's a fine and that it would just be best if we left. So we did. So is this a common case of push kids around because you can or did that have some right that I am not aware of. They said they owned a resturant on the other side of the bridge and that they owned that land. Thanks for any info on this matter.
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Re: My Right to Fish State Land

Postby BoatlessFisherman » Wed Sep 08, 2010 11:52 am

Ryan Were you fishing at the Bridge where the Hungry Tarpon is ?

If so you just got smacked by the locals, many down there do not like people fishing in and around the restaurants that have tarpon feeding and the Hungry Tarpon is one of those places you do not fish for Tarpon, its a unwritten law but as far as did you have the right to be there yes.

No one but DOT as State owns under those bridges, some commercial guys store traps on the sides of the bridges in fenced areas and you can't fish from inside a fence, but like I said there are some places it is better to not argue and leave. The locals hold some bridges off limits and most of us respect that wish, because there are so many places to fish for Tarpon.

You were kids also so they Bullied you guys it sounds like.
-Tommy A-

click, click, click, Fish ON - Over, Under, Over, Under Get out of my Way. Sound familiar.
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Re: My Right to Fish State Land

Postby penn-reel-ryan » Wed Sep 08, 2010 8:00 pm

It may have been a tarpon feeding resturant looking back on it now. Funny thing is we were fishing for jacks and we just thought we got lucky. I should have known that something was up, I'm never that lucky, but anyways thaks for the info. I've just been thinking abut it for the past year and a half. I have nothing but respect for those guys who own those resturants but to be treated like that was just beyond my imagination. So I guess we were both right and wrong in that situation. Looking foward to seeing you now that I've found my love for pier fishing again.
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Re: My Right to Fish State Land

Postby borgyb56 » Thu Sep 09, 2010 10:19 am

Thank you for that post. I am a newbie to this forum and to this GREAT STATE a Jersey escapee! I have a LOVE for the sport of fishing and try to follow all rules and regs. I go off the shoreline and not only make sure not to litter (including cigarette butts) and if I see any I pick it up and bring it to the nearest tras bin or home, that being said I have a question. I went to get a registration card but could not. I have received my Florida drivers license but could not register my vehicle here OR get a fishing permit to fish from bridges,piers or shoreline. I have been here a little over 1 month and I am curious as to why I was not able to get my permit. I want to fish but don't want to do anything wrong either. Any input would be Greatly appreciated!
Thanks!
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Re: My Right to Fish State Land

Postby BoatlessFisherman » Thu Sep 09, 2010 10:29 am

borgyb56 wrote:Thank you for that post. I am a newbie to this forum and to this GREAT STATE a Jersey escapee! I have a LOVE for the sport of fishing and try to follow all rules and regs. I go off the shoreline and not only make sure not to litter (including cigarette butts) and if I see any I pick it up and bring it to the nearest tras bin or home, that being said I have a question. I went to get a registration card but could not. I have received my Florida drivers license but could not register my vehicle here OR get a fishing permit to fish from bridges,piers or shoreline. I have been here a little over 1 month and I am curious as to why I was not able to get my permit. I want to fish but don't want to do anything wrong either. Any input would be Greatly appreciated!
Thanks!
Bill


Off the top of my head I believe there is a period of time that must pass 6 months before you are a resident of Florida, I have lived here my entire life, but I believe a few years back I had a discussion with someone in the same boat and that was the answer.
-Tommy A-

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Re: My Right to Fish State Land

Postby team fin addicts » Thu Sep 09, 2010 7:30 pm

Ok, here is my 2 cemts on the subject:

First Off, Tommy is spot on regarding the state laws and statutes. Unfortunately with more and more cities and municipalities over-stepping their bounds, authority, and jurrisdictions we as boatless fishermen (and women) have to arm ourselves with as much knowledge as possible. Every angler needs to print out the statutes and laws that Tommy has posted above, find the phone number and contact information for the regional FWC office in your areas. These guys can be your best allies, so long as you are within the law on size and bag limits. No one knows the laws concerning beach and pier activities and local jurrisdictions better than FWC. Let them fight on your behalf.

Secondly, when it comes to beach closures after dark, you want to be careful here. The only way that a city or municipality can close the beach at night is if there is a public safety issue ie. high surf, rocks, jetties, piers, submerges rocks, or other structure that can endanger a person by falling onto or over, getting caught in the surf, or being thrown into the structure by the surf. These cities or municipalities can limit your activities after dark by imposing "no overnight parking" ordinances, this does not mean YOU can't be on the beach, just be mindful of where you park your vehicles.

Lastly, I was just involved in a battle with a local beach city here. The city was trying to stop me from fishing on the beach at night. I stated the staute that Tommy has posted above, then I emailed the link and attached the statute, then I had to talk to the Mayor, then the local and County Police, FWC, and ultimately the district Congressman before the city would back off and leave me alone. The bottom line is: You have to believe that you are within your rights and be willing to stand up to defend them, otherwise they will systematically take them away from us. STAND UP AND FIGHT!!!!
Wayne Slusser

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http://www.finaddictsrods.com/
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Re: My Right to Fish State Land

Postby gotants? » Mon Sep 13, 2010 2:12 pm

There have been two incidences where I have been denied my rights to fish.

One is under Baker's Haulover Cut on the south side, the city of Bal Harbor erected a fence thus stopping any fishing there, even though that is state property.

And last year I was stopped from entering the water to snorkel off of Dania Bch. The lifeguard stated it was a law for over 50 years. I told him it was BS, especially since he wasn't even half that old, and I have snorkeled off that beach numerous times before. He called PoPo so I just left. Might want to look into it and take it up with the city manager, person to person.
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