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13. COUNTY ATTORNEY MATTERS <br />13.A. SHARK BAITING= CHUMMING AND FISHING <br />County Attorney Alan Polackwich related that he was returning with a sample Ordinance <br />pertaining to shark fishing, baiting, and chumming in accordance with Board direction at the <br />June 1, 2010 County Commission meeting. He explained that he had drafted the Ordinance with <br />legal defensibility in mind, cognizant of State preemption issues pertaining to saltwater fishing, <br />and outlined two exceptions to the State regulations which would allow the local Government to <br />prohibit or regulate certain fishing operations for public safety and welfare reasons. Attorney <br />Polackwich emphasized that the Ordinance before the Board, which prohibits shark baiting, <br />chumming, or fishing within a certain distance from a County beach, was strictly for discussion <br />purposes, and he outlined several other ways that shark fishing could be regulated. <br />Commissioner Flescher declared that while he did not wish to prohibit shark fishing, he <br />was concerned about the safety of swimmers and bathers who might be in close proximity to <br />shark fishing activities. He believed that if the County had some governance over the practice, it <br />would be a deterrent to having the local beaches be considered as desirable sites for the shark <br />fishing tournaments. <br />Commissioner Davis pointed out that prohibitions already exist against fishing in guarded <br />areas of the beaches, thus making it unnecessary to add any additional legislation on shark <br />fishing. <br />MOTION WAS MADE by Commissioner Davis, <br />SECONDED by Vice Chairman Solari, for the Board to <br />take no action pertaining to the regulation of shark fishing. <br />Commissioner Wheeler stated he would not support an Ordinance prohibiting shark <br />fishing. He wanted to see an Ordinance giving public safety officers a tool to be able to evaluate <br />23 <br />June 15, 2010 <br />