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Boca Raton passes shark fishing ban

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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.

Re: Boca Raton passes shark fishing ban

Postby PhishingPhanatic » Wed Jan 12, 2011 11:45 am

This is my letter that I am dropping in the mail this afternoon:

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,



XXXX
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Re: Boca Raton passes shark fishing ban

Postby PhishingPhanatic » Wed Jan 12, 2011 11:50 am

By the way, please do not copy and paste this exact letter. Sending individual letters/emails will be far more effective and show that we have individual thoughts on the issue.
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Re: Boca Raton passes shark fishing ban

Postby team fin addicts » Wed Jan 12, 2011 1:22 pm

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
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Re: Boca Raton passes shark fishing ban

Postby cudaman » Wed Jan 12, 2011 3:00 pm

To the ones involved that went, sent emails, and made phones calls: GREAT JOB :toast: :toast: :toast:

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,

xxxxx
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Re: Boca Raton passes shark fishing ban

Postby gatorjwade » Wed Jan 12, 2011 8:10 pm

I contacted Blaine Dickenson on the Marine Advisory Board...

He encourages as many people as possible to immediately send letters regarding the topic.
You should send your personal letter to:
Gene Folden - Chairman, Boca Raton Marine Advisory Board
201 West Palmetto Park Road
Boca Raton, FL 33432

He also encourages as many concerned people as possible to attend the upcoming Board meeting and to voice their perspective there.
Date: Wed, Feb 2
Time: 7pm
Place: Municipal Services Complex, 2500 NW First Ave

Thanks! See you there!
Jeff
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Re: Boca Raton passes shark fishing ban

Postby mmcauliffe » Wed Jan 12, 2011 8:14 pm

Good Stuff Jeff - Those are some great contacts and dates we need to know about to try to put this thing to rest. :thumleft:
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Re: Boca Raton passes shark fishing ban

Postby PhishingPhanatic » Wed Jan 12, 2011 8:24 pm

Thanks for the contact info, even though it is the same as the city council, I will send another copy addressed to them tomorrow
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Re: Boca Raton passes shark fishing ban

Postby fixed80 » Wed Jan 12, 2011 11:18 pm

beautiful. :cheers: good writing cudaman. let us also inform other shark fishermen that we see to pick up there bait and properly disposing it. i actually fished with a group of 7 guys and they were kinda messy with leaving bait around which caused someone 2 complain. but when they cleaned up, everything was all right.
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Re: Boca Raton passes shark fishing ban

Postby gruntking » Thu Jan 13, 2011 12:26 am

score one for the lil guy
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Re: Boca Raton passes shark fishing ban

Postby crashmister » Fri Jan 14, 2011 10:51 am

This went to the Mayor and the city attorney. I finally figured out how to post it :mrgreen:

To whom it may concern.
It has come to my attention that the city council is considering banning beach Shark fishing. Proposed ordnance 5159 is ill concieved and poorly witten. First and foremost there is no such thing as Shark fishing gear. That is to say, no manufacturer makes tackle specifically designed to catch only shark's. Essentally 5159 ban's equipment that does not exist. The equipment used to fish for Shark is also used to fish for several other species of fish. This in and of it self make's 5159 difficult if not impossible to enforce.

The next issue I see is safety. In order for the city of Boca to impose such an ordnance under Florida law, the city will have to show a documented account of incidence where beach Sharking is or has been the cause of injury. NOAA and the International Shark attack file have no data to that effect. It either does not happen or happen's so rarely that it's not reported. As the Boca city council is only the stewart of the shoreline in Boca, any ordnance passed by them will have to conform to, not countradict the existing state law. (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. Quote;

When you add Florida law to this Constitutional ruling under section's 379.101, 379.104, and 379.2412. You can see how legally problematic this ban will be. In truth, if there were any merit to the safety concern's of some. The state would have to shut down every fishing pier adjacent to a swimming beach. These piers dump hundred's or pound's of bait into the water every day. The incidence of Shark encounter on these beach's is either nonexistent or extremely rare. In fact the beach in Florida that has the single largest number of Shark encounter's, has had a Shark fishing ban in effect since 2000. Daytona/Valousa banned beach Shark fishing in 2000. In 2009 they tied the all time bite record of 29, 9 years after the ban was inacted. According to NOAA, Mote, and the ISAF, Shark encounter occurrence on any given beach is directly proportional to the number of people in attendance at that beach. Daytona beach has the largest number of visitor's of any beach in the state. Considering this, it's evident that the expert's at NOAA, Mote and the ISAF are correct.
Another stat you may not be aware of, Surfing account's for 45% of all Shark encounter's in state water's. So should you ban surfing? Absolutely not. If someone chooses to take that risk that is their right to do so. In truth, any activity that take's place in the ocean has risk's. As administrator's your best tool is education and awareness of these risk's. A Shark fishing ban will do more to lull beach goer's into a false sense of security that no Shark fishing means no Sharks. Nothing could be further from the truth.
Over the next few month's, thousand's of Spinner and Blacktip Shark's will be migrating past Boca beach. This annual migration has been going on for million's of years. Like every other beach on the East coast, Boca will see an increase in shark activity. It will not however be in any way tied to any type of fishing. Or any other beach activity for that matter. So how do you as administrator's keep your beach safe during this period?Education and awareness! Both for your first responder's and the public at large. I would be happy to assist you in such an endeavor, and have attached my contact info for that purpose.
In closing I offer a statment from NOAA that really say's 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.

Thank you for your time and consideration.
Respectfully Patrick Dirindin
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Re: Boca Raton passes shark fishing ban

Postby mmcauliffe » Fri Jan 14, 2011 11:18 am

Man, you guys are good. Who knew we had such articulate and eloquent writers here! :thumright: :toast:
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Re: Boca Raton passes shark fishing ban

Postby crashmister » Fri Jan 14, 2011 11:33 am

mmcauliffe wrote:Man, you guys are good. Who knew we had such articulate and eloquent writers here! :thumright: :toast:

Thank god for spell check :mrgreen:
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Re: Boca Raton passes shark fishing ban

Postby BoatlessFisherman » Sat Jan 29, 2011 11:41 pm

The Boca Raton Marine Advisory Board
Will be meeting on
Wednesday 02 February 2011, 7:00 PM,
at the Municipal Services building located at 2500 NW 1 Ave.


Agenda items for this meeting include (but not limited to):
.
• Ordinance 5159 - Prohibiting Shark Fishing from Boca Beaches
• FWC Data Collection Study for Boca Raton
• Proposed Amendments to Marine Structures Ordinance
• Proposed Amendments to Ordinance 4571
• Reef Mooring Buoys
• New Boating Destinations & Waterway Enhancements
• Lake Wyman Conservation Areas
• ICW Working Group Meeting
• Manatee Report Review

The public is always welcome.
-Tommy A-

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Re: Boca Raton passes shark fishing ban

Postby gatorjwade » Sun Jan 30, 2011 4:16 pm

Thanks for the bump, Tommy. I'll be there...

For those that can attend, if you've sent emails or letters to the Board or to the City Commission, you should bring a copy. You may get an opportunity to read it.

Thanks! :-)
Jeff
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Re: Boca Raton passes shark fishing ban

Postby crashmister » Wed Feb 02, 2011 10:24 am

Tonight is the night. Wednesday 02 February 2011, 7:00 PM,
at the Municipal Services building located at 2500 NW 1 Ave.
Who's going?
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Re: Boca Raton passes shark fishing ban

Postby gatorjwade » Wed Feb 02, 2011 10:06 pm

Just got back from the Board meeting. If I recall correctly, results were:
1. Recommendation to NOT approve the shark fishing ban as written. (Unanimous.)
2. Recommend that IF the city attorney feels the city does have authority to regulate fishing on the beach, that they pursue an ordinance banning ALL fishing on those areas of the city beach that are normally guarded FROM DAWN TO DUSK.

Courageously, Blaine Dickenson was the only Board member who voted AGAINST #2; he preferred banning fishing only on guarded beaches while the guards are there (as it is today).

Next step: we wait to see if the city atty feels they can legally make such an ordinance.
And if they feel they can, then we can expect a "no fishing AT ALL dawn to dusk in areas that normally have lifeguards" ordinance.... we need to be prepared for that...

There were about twice as many there supporting the ban, vs those against the ban. If we want to protect our freedoms, we need more support in-person at these meetings. One Board member even said "well it looks like 80% of the people are for the ban".

We also need to encourage ALL fishermen/women to fish responsibly as is the advice I've seen over and over on this forum. Don't leave trash, hooks, line, etc. Also, treat all fish carefully... regardless of the fish, release it as healthy as possible. Those in favor of the ordinance are watching, and they are taking photos/videos. We should all use common sense on the beach.

One person who spoke even wore a JAWS T-shirt. I guess that shows what they are equating this to... uneducated hype. They also stated "perception is reality"; again an education issue; what are they going to do about the news outlets that report the reality of thousands of sharks just yards off our beaches??? Again, education is the key... just like we do for safety with rip-currents.... education.

MANY THANKS to everyone that sent emails or letters to the Board, and especially to all those that were able to attend and speak to the Board about why what they want to do is illegal, and why fishing is a dear part of our lives, and that we do it responsibly so that all residents of Boca can enjoy our beaches for their various pursuits of happiness.
Jeff
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Re: Boca Raton passes shark fishing ban

Postby Boca Jetty Rat » Thu Feb 03, 2011 12:44 am

So they are trying to flip it on us, banning all fishing from the beach.
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Re: Boca Raton passes shark fishing ban

Postby crashmister » Thu Feb 03, 2011 1:38 am

Jeff is spot on here. We were fortunate enough to have Blaine on our side. Including him only 4 or 5 of us spoke against the ban while over a dozen people spoke in favor of it. We must have done a decent job because they dumped 5159 as proposed. Depending on the decesion from the city attorney as to whether or not the city council has the authority under Florida law to enact such a ban, it may be over. But I doubt it. Gotta admit, it was pretty funny watching Zach hold up the Bass Pro 2011 master catolog and defy anyone in the room to find a Shark hook, rod, reel, or lure. Not crazy about the alternative proposal but hopefully that will never reach the CC. Blaine made a great statment about safety. He said if your all so concerned about safety you should not be in the water without lifegard's on duty anyway. Can't argue with that.
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Re: Boca Raton passes shark fishing ban

Postby Ken+ » Sat Feb 05, 2011 11:16 am

Hi guys,

I just want to say congrats on all your hard work and keep up your fight to maintain your rights to fish.

As a non-resident of Florida and a non-citizen of USA, I can't really do anything regarding your own state and city laws. I would be overstepping my bounds.

But I am very happy that anglers are finally grouping together to fight illegal banning of fishing. I just want to let you know your are not alone in the state. There is an organized group that you may be able to enlist some extra help. They look like they are already fighting on different fronts though. But maybe...if you guys can knock this issue on the legislators' heads enough times, they will learn to back off (as in they will see there are enough anglers from all over the state supporting fishing, and that anglers are not pushovers).

http://www.thefra.org/

Across the land, California is fighting their own WAR against MPLAs. I am following that development since I have fishing friends who are deeply concerned about some proposed and already established MPLAs. These MPLAs were proposed and established illegally (some with private meetings and sidestepping constitutional procedures.)

http://www.oceanaccessprotectionfund.org/

Unfortunately, in Hawaii (where I also have made fishing friends) they enact a lot of regulations to protect fish, but nothing is being enforced by the right authorities. Then there are HPD officers that outstepped their bounds.

Maybe I can suggest that Boatless Fisherman put a stickly at the top of the forum and members can post a collection of letters, state laws and constitutional rights pertaining to fishing such that these can be easily accesses and used when necessary. It looks like that many members here have put up a lot of hard work researching and preparing these articles and it would be a great shame for them to be lost and forgotten after time.

Unfortunately, I can only sit in an arm chair and watch from the sidelines. Sincerely, I wish you guys success.
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Re: Boca Raton passes shark fishing ban

Postby crashmister » Sat Feb 05, 2011 1:32 pm

Ken+; Our biggest problem is a complete lack of participation. Truth is the Boca CC dumped this on the marine advisory committee because they got so many letter's from people oposing the ban they freaked. In fact ask anyone who at the CC meeting, there were 2 LEO's outside city hall to maintain order.
What amazes me is how many people think there are no Shark's around their beach until someone start's fishing for them.
Our enemies are misconseption, fear, and a general lack of knowledge on the subject. In every case the spark that set's this off is based in personnel agenda. Either they don't like it and want to stop it or they have a monetary intrest in seeing it stopped.
In Boca it's a triathlon club. In Delray, it was Mary Omally & Shark Safe. In Indian river it was some lady who lived there all her life.
So for 42 years she had no problem with Shark fishing. Then she get's her real estate licence and 2 month's later she's a crusader against Shark fishing. She also has 6 condo's listed on the beach and doesn't want some guy draging a Shark up on the beach to screw up a sale. On top of that, she gave the media a copywirghted photo belonging to the ILSFA without their permission. And the media published it.
Mary O Mally and her group sent the city of Delray a letter with photos titled the slaughter at Delray. After some research we found she had taken pic's from websites like this and fabricated a story. We found out that none of the Shark's in the photo's were caught at Delray.
The simple truth is, if 250 people wrote letter's everytime this crap came up, and we had 100 people actually show up for a meeting this would never happen here. Fact is, I don't Shark fish! EVER! But I refuse to let a bunch of self righteous narcissistic morons, along with politition's who have no clue of the limitation's of their authority, deny my kid's and grand kid's right to do so.
If we could get 25% of this website to write their state representatives letter's opposing this nonsense. We could stop this once and for all. What people need to understand is this effects everyone who fishes from shore. The proposed rule right now in Boca for instance is a ban on ALL fishing from shore from dawn to dusk at the garded beach. Not just Shark fishing but ALL fishing. How long do you think it will take the pro ban groups to figure this out?
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Re: Boca Raton passes shark fishing ban

Postby Ken+ » Sat Feb 05, 2011 2:01 pm

Hey Crashmister,

I totally agree with you with all your points. I also get that personal gains and agendas (ie, Mary O Mally that you describes) is sometimes the cause. This is happening in California too where beach side property owners is pushing to set up these MPLAs so that fishing is no long allowed on "Their Beach". A lot of science is thrown out the door or not even conducted. Some of these property owners have their own eco-agendas.

Participation is definitely needed and I hope by discussing and rallying for support on this site, more people will show up for support at the meetings.

The reason I said I'm an arm chair, side line observer is because I am a Canadian living in Toronto. I do not wish to meddle in your own country, state and city politics, granted these are fishing related issues and as an angler, I do care for fellow anglers around the world too.

Would you think a letter from a tourist (especially one who is visiting Florida to declare lip piercing sessions on the aquatic resources :mrgreen: ) could help your cause? Who can I direct the letter such that it would be heard?

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Re: Boca Raton passes shark fishing ban

Postby crashmister » Tue Feb 08, 2011 1:24 am

Ken+ absolutely! Tourism is the reason many want this stopped. According to them it hurt's tourism. No data exists to prove that point. In fact no data exist's to prove any of their point's. Here is a little info for your friend's in Cal. The reason that our right to fish is protected by the state constitution is because the US gov. required that clause among other's when Florida applied for statehood. Which is why it's under sovereignty law's. All stsate bordering on any ocean were required to include this clause in their state constitution's. There is no such thing as a private owned beach in the US. The US gov does not recognise any private ownership of an ocean front shore line in the US. It takes a lot of research, but the law's exist to protect them from homeowner's who think their beach is private. The trick is finding them. Until I got into this, I had no idea that there were so many law's that protect our right to fish. Took me over a year to find the 5 of them I have found. And I didn't find all of them as 2 were given to me.
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Re: Boca Raton passes shark fishing ban

Postby gatorjwade » Fri Mar 11, 2011 6:46 am

Hi guys,

I just heard from Blaine Dickenson on the Marine Advisory Board that the proposed beach shark fishing ban will NOT be sent to the City Council for a vote. It’s dead!

A BIG THANKS to everyone who sent an email or letter, and especially to those who were able to make time to appear in-person to oppose the ban!

WOOHOO! :cheers: :nilly: :bounce:

Now we must be on the lookout for our brother coastline cities who may find themselves in a similar situation and be ready to assist them with info and support...
Jeff
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Re: Boca Raton passes shark fishing ban

Postby PhishingPhanatic » Fri Mar 11, 2011 10:01 am

:toast:
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Re: Boca Raton passes shark fishing ban

Postby landcaster » Sat Mar 12, 2011 3:21 am

yeh..great job to all!

though i dont shark fish, give an inch they take a foot, could have been anything next...also i ma sure it didnt hurt that mother nature helped out,sharks were everywhere on the news without shark fishermen.
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Re: Boca Raton passes shark fishing ban

Postby crashmister » Mon Mar 14, 2011 12:43 pm

With this one under our belt's, we're preparing letter's for Delray, Vermillion, and Daytona.The Mayor's and city attourney's of all 3 will be receiving letter's, demanding the immediate withdrawl of all fishing restrictions imposed by the city. Thank's to Wayne Slusser we will be able to include the latest geodetic survey showing just how much of the beach actually belong's to them. In every case it's less than half of the city's guarded beaches. Thank's to Tommy and Zach, we will be able to cite Florida law in showing the illegality of the imposed restriction's. We believe, in light of the document evidence we have now, they will have no choice but to resend all of the existing restriction's.

To all beach Sharker's, FISH RESPONSIBLY!!! Don't leave bait or garbage on the beach. If a Shark die's for whatever reason, DO NOT leave it on the beach. Either bury it or drag it out and sink it. Last thing we need is dead Shark's showing up on the news. The Evo's live for that media circus crap. Turtle season is about to start. Be sure your aware of lighting restriction's on the beach. FWC has a list of FWC recognized Turtle friendly lighting. Make sure all your light's are on that list. Know the law! An informed fisherman is our best weapon right now. Print out the law's of Florida posted above and keep them with you when Shark fishing. In the event the local LEO's are called, you will be able to respectfully show you are legally fishing on State owned land not in their jurisdiction. However if they choose to press the issue, just leave. Then PM Tom Zach or myself. Between the 3 of us we have a bit of experience dealing with this. Last, for those of you who are not involved in the NMFS cooperative tagging program through NOAA, sign up for it. At that point, your a volunteer researcher. That goes a long way in putting a positive light on beach Sharking. Even the Evo's can't fault you as they all support the research community.
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Re: Boca Raton passes shark fishing ban

Postby Green Tide » Mon Mar 14, 2011 2:41 pm

con grats guys. a job well done.
the busy bodies will move on to something else now.
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Re: Boca Raton passes shark fishing ban

Postby chris21 » Wed Jun 29, 2011 2:15 am

are there any updates at all concerning the shark fishing ban in Delray with that insane real estate lady? Im very happy that the Boca ban finally had a nail driven through it to keep sharking on beaches :cheers: I live in Dania Beach and not Boca but I support responsible shark anglers in Boca as I shark fish myself from Miami to Pompano Beach. I want to help support their rights as well, what this real estate lady did was disgraceful and thoughtless, shark anglers need to present all the same arguments, research, facts, education, etc as in the Boca case in the same respectable approach, if we did it in Boca with facts, knowledge, research and the state of Florida's own laws then we need to start defending anglers rights and make our voices heard in Delray as well, fishing as well as shark fishing is meant to be enjoyed, now shark fishing is starting to remind me of the horrible communism back in Cuba, my nationality, where people are robbed of their freedoms and they constantly have to look over their shoulders in fear, because in Cuba nobody has freedom or can speak against Castro or else they are considered a "traicionero" we should enjoy the freedom to responsibly shark fish, its time to act!!! :pistols:
There's no such thing as too much bait!!

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Re: Boca Raton passes shark fishing ban

Postby crashmister » Wed Jun 29, 2011 9:04 am

Chris; Actually the realestate lady was Indian river/Vero beach. Delray was Shark safe/ Mary O'mally. Don't know if any of them have been resended, but I do know that they are not being enforced in Delray any longer. As far as Vero, I made them aware 3 week's after the Boca ban was dropped. Same with Daytona/Valoosa. Never heard a word from the mayors or city attorney's of any of them. I also informed several municipalities that the condo assocations that were restricting beach use and access, were in fact violating state law. My advise to all is, Know your right's, Know the law, but most importantly, know the location of the Geodetic survey line marking where state property start's.
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