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Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 12:24 am
by PhishingPhanatic
Looks like a bunch of busybody snowbirds got the city council to ban shark fishing...did anyone hear of this coming?

http://www.sun-sentinel.com/news/palm-beach/boca-raton/fl-brf-watch-0105-20110105,0,1902695.story

Cue the theme song from "Jaws."

The city council has outlawed shark fishing on city beaches in the Atlantic Ocean within 100 feet from the shorelines. The new ordinance also prohibits chumming and baiting.

"A number of residents have contacted the city regarding fishing for sharks from the city beaches," according to a staff report. "They are concerned that this activity creates a hazardous condition and jeopardizes the safety of divers, surfers, swimmers and others on the city beaches.


All sharks caught accidentally have to be released, and the use of shark hooks, lures and rigs are also not allowed.

"This shall not prohibit the use of cut bait on an individual line that is used for general fishing," according to Ordinance 5159

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 12:46 am
by Boca Jetty Rat
Didn't know this was brewing. Soon no one will be able to shark fish from the beaches anywhere.

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 1:48 am
by fixed80
Man made swimming pool so that men and women can enjoy a swim without the hazards of the untamed ocean and sea creatures that live in it.
oh by the way i haven't heard of this until now.

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 8:09 am
by gatorjwade
Just read it now in the newspaper. I usually don't target sharks in Boca but it is a bummer. I've never seen anyone targeting sharks during the day when people might be swimming.

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 8:32 am
by crashmister
It's the first I've heard of it. More proof you don't need a brain to be elected. I don't expect these people to be geniuses, but a little common sense and at least a working knowledge of the state constitution is to much to ask? I see they used the safety/fear argument again. I guess they missed the part where the pier's directly adjacent to beaches dump hundred's of pound's of bait in the water daily. And nobodys getting bitten on those beaches. So exactly how does a couple of guy's fishing from a beach a couple times a week cause a safety problem? And what is a Shark hook? I am still unaware of a single hook that was designed to catch only Shark's and nothing else. That's like saying Remington has made a deer rifle that ONLY kill's deer and nothing else. I just checked my basspro master catalog and the largest retailer in the country doesn't sell a "Shark hook". After reading the proposed ordinance, It seem's to me that it would have been just as easy to ban Shark's from Boca's city beaches. But that would be silly. :?

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 8:33 am
by TeEnAnGlerPro213
Yea they caught us all by surprise, never really heard about this one till yesterday evening...this sucks

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 8:57 am
by Jordan
Crash; what can we do against this? Haven't been sharking in 3 or 4 months but boca is where we go..what can we do?

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 9:14 am
by Green Tide
if it were listed as a sport fish that had high dollar tournaments for the city to host it would be welcome activity to enjoy.
a few complainers can get alot accomplished when they get the right people elected.

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 10:51 am
by team fin addicts
Guys... YOU HAVE TO GO TO THESE CITY COUNCIL MEETINGS!!!!!!!!!

They can't just pass these bans, there is a process that the city has to go through, but if you do not attend these meetings, there is not opposition to passing them. Get to know the council members. Look up the meetings and agendas for those meetings, as a voter these people are supposed to work for you, not against you. When you go tot these meetings, you have to voice your opinion. Keep it simple, stick to the facts. Most shark fishing occurs at night, when there are no swimmers, surfers, or other large numbers of people in the water, the winter / spring spinner and tip migration is about to start… there will be more sharks in near shore now than anytime of the year, how many bites have occurred in the past along this same time frame. You will have to do some research and work will be required on your part. When you go to these meetings, explain to the council members that by being on the beaches at night, you can provide a service for them. You can be their eyes and ears on the beaches in the middle of the night. You can look out for vandals, theft, boats coming ashore or dropping off “cargo” and you will call the authorities immediately. Get to know the police officers that patrol the beaches in your area, get their direct numbers so that you can call them in a hurry if you need to.

These bans are unconstitutional, but most of these city councils either don’t know it or don’t care, you can overturn them, but it is a job. The first thing you need to do is get familiar with the local ordinances and the State Constitution. Once you have that, send a well written letter to the City Attorney, informing them of the unconstitutionality, and discriminatory issues with banning one type, style, or species of fish. They have to ban ALL fishing, not just one aspect of it, and then ONLY if they can PROVE a public safety concern with fishing on the beaches. They pass these ordinances hoping that they will not be challenged. If you do not stand up for your rights, this will continue to happen. Then, all you will be able to do is cry about it on a forum. I just went through a similar issue last summer. I know it will work, but there is some research and work required on your part. OUR FREEDOMS ARE NOT FREE.

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 11:01 am
by PhishingPhanatic
I'm pretty sure that is why the City Council passed this one under the radar, they didn't want any opposition like what happened in Delray. I haven't heard of anyone who even got wind of this being proposed or discussed prior to the vote.

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 11:29 am
by team fin addicts
ALL city council meetings are required to be posted in the newspaper and if available, online with the time, date, location and proposed agenda. If it was not posted, they have another issue!!!!.. I will check into it for you and post any information I can find.

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 11:42 am
by EFC fishing
Looks like it was introduced as an Agenda item on December 14, 2010:

http://bocaraton.granicus.com/Generated ... lip_id=274

scoll down to item number 14 B- Ordinance 5159.

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 11:43 am
by PhishingPhanatic
team fin addicts wrote:ALL city council meetings are required to be posted in the newspaper and if available, online with the time, date, location and proposed agenda. If it was not posted, they have another issue!!!!.. I will check into it for you and post any information I can find.


I did a little research myself. The ordinance was first drafted Nov 12, and introduced at the Dec 14 council meeting. Here is a PDF of the proposal. http://bocaraton.granicus.com/MetaViewer.php?view_id=2&clip_id=274&meta_id=16175

I don't see any minutes where it has actually come up to vote yet.

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 11:54 am
by crashmister
Green Tide wrote:if it were listed as a sport fish that had high dollar tournaments for the city to host it would be welcome activity to enjoy.
a few complainers can get alot accomplished when they get the right people elected.

Or when they dont publish this as part of the CC meeting agenda, which Boca did in this case. http://bocaraton.granicus.com/Generated ... lip_id=274
Jordan; You can write or call your state representative's both Congresional and Senatorial. Inform them that the Boca CC has passed a city ordnance that conflict's with the state constitution. Contact the Boca city attourney office and ask them for the copy and date of the first reading of this ord. If and when they can't produce it, as the meeting agenda show's there was no first reading of an ord. or even a proposed ord. consideration. Then ask the CA for the procedure the CC used to bypass the city's own Charter. Wether they produce anything or not, you will then want to remind the CA that the City of Boca can only pass law's that do not conflict with existing state law. When he or she agree's with you as they will have to, then send them this.

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.

Funny thing about all this is, some ocean front residents of Boca just tried to stop the beach re-nourishment project the state's about to do there. They were told there has never been a successful challenge to a renourishment project because no city, township, county, or municipality own's the property. The state does. So they decided not to file because they couldn't win.
I will be sending my letter's out later today Jordan. your going to want to get as many people as possible to do the same. Remember your not challenging the ord. Your challenging their authority to impose it. Should be intresting to see what happen's. If you don't think you can beat this, just talk to captain Wayne Slusser of Team Fin Addicts. He just took the code enforcement folk's and the City of Holmes beach to task on some of their "City Ordinances". Wayne is now fishing the beache's of Holmes beach regularly with the blessing of the CC. Anybody else who fishes those beaches owes it to Wayne. Because he beat it all by himself!!!

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 1:05 pm
by team fin addicts
Thanks Crash for the comments. what is important here is: THIS IS EVERY BODY"S FIGHT, not just the people that live and fish in Boca Raton.... Even though this is happening on the opposite coast from me, I am now in the fight as well. Phis Phan and anyone else you can PM me and I will get you the info you need and give you a few links as well. There are also a few contacts I have made durring my battle that may be able to help out.... STICK to your :auto: :auto: This can be stopped before it gets off the ground, but you have to be at the meetings when the ordinance is to be read.

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 3:48 pm
by crashmister
EFC; Great catch Dude! I missed it when I went through it.
Jordan; EFC did part of your work for you. Download and print the draft of the Ord from his link. Send a copy of it to everyone you write to. Nothing tell's the story better than the actual language of the ordinance.
Wayne is spot on here! This is an attack on fishing in general. This thing is as obscure as it get's. The good news is like Rory, I can't find when or if this was voted on. Pretty sure the paper is mistaken. The next regular city council meeting is on the 11th. I watched the entire vid. of the last CC meeting and it was introduced and sponsord but no one spoke on it. For or against. And there was no vote on it. For this to become law, the CC has to vote on it during a regular meeting. After the proposed ord has it's second reading and is opened for public discussion, they (the CC) votes provided they have a quorum.
Jordan, you have 5 day's to put together a 5 min. presentation to the CC. Wayne, Tommy, and I will help you! PM me your Email and between us we'll send you everything you'll need.
Like Wayne said, It's a mission to get something like this corrected. But if I'm right and they haven't passed it yet it's a big plus. An ounce of prevention is worth a pound of cure. If they did pass it somehow, then we deal with it accordingly.

Re: Boca Raton passes shark fishing ban

PostPosted: Thu Jan 06, 2011 5:02 pm
by team fin addicts
Yes Jordan, it is a whole lot easier to get it topped than repealed!!! Between Tommy, Crash and I, we can almost give you a script to follow for your presentation, The crucial point is to remain professional, let them hang themselves. They have no standing to push an ordinance like this onto anglers like this.

Re: Boca Raton passes shark fishing ban

PostPosted: Fri Jan 07, 2011 3:13 am
by Lomax aka ZEBCO
8) You guys only make it worse. Maybe one day you'll actually get it.

Anyways,.. you can blame this on the movie Jaws. It fueled the fire many years ago.

Re: Boca Raton passes shark fishing ban

PostPosted: Fri Jan 07, 2011 7:48 am
by team fin addicts
Zeb, would you rather just sit back and have your right to fish taken away completely???? Please explain to me how standing up to protect your rights will make this worse...... If more people stood up and fought for our rights, instead of sitting idly by while they are taken away, we would not be in the mess we are in.

Re: Boca Raton passes shark fishing ban

PostPosted: Fri Jan 07, 2011 1:20 pm
by Lomax aka ZEBCO
team fin addicts wrote:Zeb, would you rather just sit back and have your right to fish taken away completely????

8) I don't recall them saying they are taking our right to fish away completely. Don't be so dramatic. So they don't want you shark fishing on the beach. Instead of taking a whiny fisherman approach like so many constantly do, maybe you should get a little smarter and express what, and how sharks live, and how they are safer than the news and movies portrays them to be with some sort of creative way. You figure out the rest. I'll keep my ideas to myself.

Re: Boca Raton passes shark fishing ban

PostPosted: Fri Jan 07, 2011 2:48 pm
by Frogfish101
Zebco wrote:
team fin addicts wrote:Zeb, would you rather just sit back and have your right to fish taken away completely????

8) I don't recall them saying they are taking our right to fish away completely. Don't be so dramatic. So they don't want you shark fishing on the beach. Instead of taking a whiny fisherman approach like so many constantly do, maybe you should get a little smarter and express what, and how sharks live, and how they are safer than the news and movies portrays them to be with some sort of creative way. You figure out the rest. I'll keep my ideas to myself.


Too bad the gen public and city councils are either too dumb or hard headed to believe that.

Re: Boca Raton passes shark fishing ban

PostPosted: Fri Jan 07, 2011 2:50 pm
by crashmister
Zebco wrote:
team fin addicts wrote:Zeb, would you rather just sit back and have your right to fish taken away completely????

8) I don't recall them saying they are taking our right to fish away completely. Don't be so dramatic. So they don't want you shark fishing on the beach. Instead of taking a whiny fisherman approach like so many constantly do, maybe you should get a little smarter and express what, and how sharks live, and how they are safer than the news and movies portrays them to be with some sort of creative way. You figure out the rest. I'll keep my ideas to myself.

What do you think we do? These people want intellgent, documented, Proven fact's. That's what we give them. How do you think we stopped the proposed ban's in Deerfield & IR county? and got the teeth pulled from, and then set the precedence to make the Delray ban unenforceable? Wayne single handed got the City of Holmes beach CC to force the code enforcement department to rewrite the beach fishing rules. And he used Constitutional law as large part of his argument. Just because somebody get's elected to office don't mean they know what their doing. IR County was a simple matter of sending the County Board Members letter's. If I remember, You said that writing letter's does no good. Well it sure worked for us.

Re: Boca Raton passes shark fishing ban

PostPosted: Sat Jan 08, 2011 12:27 am
by Swordslayer71
You can watch a video of the actual proceedings from that link. Funny how they phrase it " who is in favor of keeping sharks away from the beach" and then there is someone clapping in the room. Are people really that stupid to think a group of guys soaking a couple baits attracts thousands of sharks a year to a particular spot? Also, I always notice a lot of leftover sharkbaits (whole tunny's, aj carcasses, etc.) being left on spanish river beach in boca. Stuff like that only gets the wrong kinda people all riled up.

Re: Boca Raton passes shark fishing ban

PostPosted: Mon Jan 10, 2011 2:01 pm
by EFC fishing
Sorry missed all the fun over the weekend on this subject- have been out of things (had dental surgery on friday). Is this the Agenda for the Meeting in Boca for tomorrow night at 6 pm? And is this the issue, scrolling down to 12 C. :

http://bocaraton.granicus.com/Generated ... vent_id=29

Re: Boca Raton passes shark fishing ban

PostPosted: Mon Jan 10, 2011 3:15 pm
by crashmister
Yes it is.

Re: Boca Raton passes shark fishing ban

PostPosted: Mon Jan 10, 2011 4:08 pm
by cudaman
This sucks! Start writing letters and if you can attend that meeting.

Re: Boca Raton passes shark fishing ban

PostPosted: Mon Jan 10, 2011 4:45 pm
by Jordan
I'll be there and am giving a speech, if you can make it please come.

Re: Boca Raton passes shark fishing ban

PostPosted: Tue Jan 11, 2011 7:33 am
by mmcauliffe
Jordan wrote:I'll be there and am giving a speech, if you can make it please come.


When and where exactly Jordan.

Kudos for getting involved Jordan, it's more than 99% of us do. Most just whine and complain from our Lay-Z-Boy :toast:

GO TEAM BLACK SOX!! :mrgreen:

Re: Boca Raton passes shark fishing ban

PostPosted: Tue Jan 11, 2011 7:59 am
by gatorjwade
City Council Meeting
When: 6pm tonight
Where: Council Chambers at City Hall, 201 Palmetto Park Rd, Boca Raton

Updated article in Sun-Sentinel this morning: ($500 fine)
http://www.sun-sentinel.com/news/palm-beach/boca-raton/fl-boca-raton-shark-fishing-20110110,0,1639422.story