04/20/2010 (3) - Laserfiche WebLink

Home Browse Search

BK 5143, become a popular and widely -advertised spot for non -local sportspeople to participate in boatless shark fishing or chumming, which he believed were inappropriate and unsafe practices, in view of nearby bathers and swimmers at County beaches. He asked the Board if they wished to pursue the development of an enforceable Ordinance, such as the one adopted by Delray Beach, to prohibit shark fishing and chumming from the beaches. MOTION WAS MADE by Commissioner Flescher to direct staff to draft an Ordinance to protect the citizens at the shoreline from nearby shark fishing and chumming activities. MOTION FAILED for lack of a second. Board discussion ensued regarding the possible dangers to the bathers; the scope of the County's legal jurisdiction over the shorelines and ocean; the State Statutes governing saltwater fishing; and Delay Beach's Ordinance. Attorney Polackwich explained that there were some areas of legislation reserved for the State, such as saltwater fishing, but that there were exceptions within those parameters for local governments to take action to protect the public. He related that the Board could adopt an Ordinance after a Public Hearing showing that sharks were literally being attracted into the bathing areas, and that this was creating a danger. He acknowledged that there was not 100% certainty that the Ordinance would survive a challenge, but affirmed staff's willingness to take up the challenge if the Board so desired. A brief discussion ensued on the prevalence of sharks in County waters. Commissioner Wheeler wanted to obtain further information on the factors precipitating shark attacks, and suggested inviting an expert on shark habits to find out if the shark fishing/chumming done on the shoreline, does, in fact, pose a hazard to bathers and swimmers. 27 April 20, 2010 eft 139 PG 246