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Addressing Vice Chairman Solari's queries on whether the draft document would comply <br />with the Rule of Law, Attorney Polackwich stated that as long as the Ordinance was enforced in <br />a reasonable manner, the County would not run afoul of the law. He noted that he was more <br />concerned about State preemption issues pertaining to saltwater fishing. <br />Commissioner Wheeler opposed the draft Ordinance, declaring that the 500 -yard limit <br />would virtually prevent any shark fishing at all, which was not his intent. He said that any type <br />of fishing could potentially attract sharks, and stressed that he was solely looking for a tool <br />authorizing public safety officials to request anglers to move if they were fishing near swimmers. <br />Attorney Polackwich clarified that the intent of the draft Ordinance was not to prohibit <br />shark fishing. <br />Discussion ensued regarding the possibility of using the existing County Ordinance <br />addressing the issue of "animal teasing" to regulate shoreline shark fishing. <br />Chairman O'Bryan expressed support for the proposed Ordinance, but wished to amend it <br />as follows: (1) scale down the 500 -yard distance to 300 yards, and (2) change the wording in <br />Section 3 (3) (e) to either remove the "residential development" or add wording such as <br />"concentrated residential development" so that single-family homes along a mile -stretch of <br />beach would still be fairly remote. <br />The Chairman opened the Public Hearing. <br />Sheriff Deryl Loar affirmed that the Sheriff's Department would enforce any Ordinance <br />adopted by the Board. He suggested the Board require permits for any shark fishing <br />tournaments, so that the public, Board, and law enforcement would all be aware of the events. <br />A legal opinion was sought and received from Attorney Polackwich regarding the <br />Sheriff's suggestion on requiring permits for land-based shark fishing tournaments. <br />13 <br />July 13, 2010 <br />