Hallandale to restrict fishing on the beach

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Dragon
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Hallandale to restrict fishing on the beach

Post by Dragon »

http://www.sun-sentinel.com/news/browar ... 6016.story

http://www.sun-sentinel.com/news/browar ... 016.story

I say we storm the commission meeting in full force and demand our rights also! Doesn't my license allow me to fish anywhere, at anytime below the high tide line? Also, I don't think 'home rule' law allows the city to thwart what the state statute allows...

:mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad:
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Hallandale to restrict fishing on the beach
City says new rules will prevent conflicts between swimmers and fishermen
By Susannah Bryan, Sun Sentinel

5:59 PM EDT, June 24, 2013

HALLANDALE BEACH

Anglers, please don't hook the bathers.

That's the message coming from Hallandale Beach, where city leaders are poised to approve new rules for surf fishing aimed at protecting swimmers.

Folks wanting to fish anywhere along the coastline would have to do so between 6 p.m. and 8 a.m., when the city's lifeguards are off duty. Anglers wanting to cast their lines from 8 a.m. to 6 p.m. would be limited to 200 feet on the south end of the beach.

"The swimmers have priority and it's for their safety so they don't get hooked," Commissioner William Julian said. "Also, predatory fish like sharks or barracuda might be attracted to bait."

The new rules are expected to go into effect after the City Commission takes a final vote on Aug. 7. The plan won tentative approval June 19.

Hallandale is not the only city to restrict when and where anglers can do their thing.

In Hollywood, fishing is allowed from 9 a.m. to 6 p.m. from Georgia to Sherman streets only, and anglers must keep at least 200 yards away from swimmers.

Surf fishing is allowed anywhere on Hollywood's beach between 6 p.m. and 9 a.m.

Dania Beach allows fishing from its pier from 6 a.m. to midnight. But fishing from the beach is permitted only from 5 p.m. to 9 a.m., when lifeguards aren't on duty.

Recent disputes between swimmers and anglers prompted the new rules in Hallandale, said Fire Chief Daniel Sullivan.

"We didn't have a rash of injuries," Sullivan said. "We had a little head butting between swimmers and fishermen."

Scott Sheckman, a Hallandale resident who takes evening strolls along the beach, praised the move.

"The swimmer is afraid of getting hooked," Sheckman said. "And the fisherman is afraid they might hook the swimmer or worried [the swimmer will] scare away the fish."

Two months ago, Sheckman witnessed an elderly woman swimming near shore having a disagreement with a fisherman on the beach.

"She was crossing his line slowly and sort of obliviously, and he didn't want her to get hooked," Sheckman said. "In a few words and a hand gesture, she put it in perspective about who should have the right of way."

Sheckman, who takes ocean swims in the late afternoon, said he can relate.

The new rules may also help beachgoers who stroll along the water's edge and run the risk of getting tangled in an angler's lines, Sheckman said.

"I've run into these lines accidentally on walks," he said. "I feel the updated ordinance will rectify this competing use, at least during prime time" when lifeguards are on duty and swimmers take to the water.

sbryan@tribune.com or 954-356-4554[/center][/center]
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gruntking
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Re: Hallandale to restrict fishing on the beach

Post by gruntking »

Dania Beach allows fishing from its pier from 6 a.m. to midnight. But fishing from the beach is permitted only from 5 p.m. to 9 a.m., when lifeguards aren't on duty.
thats a load right there the beach is closed from dusk till dawn

bso has no problems what so ever telling you to get off the beach

who the hell cares anymore in a few years we wont be able to fish anyways im bout done
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fishnfool73
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Re: Hallandale to restrict fishing on the beach

Post by fishnfool73 »

I like the guy that says he's run into lines accidentally while walking. What the fishing toss aren't a clue there might be lines out ?
Dreaming the dream that one day I can be as good as some of the boatless pros and catch some 12 inch mangrove snapper.

crashmister
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Re: Hallandale to restrict fishing on the beach

Post by crashmister »

More hadoo about nothing. It's already a state law that you can't fish a guarded beach while Life Guards are on duty. Frigging city managers don't have a clue. :mrgreen:

Fishing poles? That's funny Chris, considering had he not run into the lines, would he have even noticed the fisherman? :scratch:
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cudaman
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Re: Hallandale to restrict fishing on the beach

Post by cudaman »

crashmister wrote:More hadoo about nothing. It's already a state law that you can't fish a guarded beach while Life Guards are on duty. Frigging city managers don't have a clue. :mrgreen:

Fishing poles? That's funny Chris, considering had he not run into the lines, would he have even noticed the fisherman? :scratch:

Leave it to cities to waste money :biglaugh:

Got to love those beach walkers asking "are you fishing?" and then SPLAT! hit the lines, LOL

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Dragon
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Re: Hallandale to restrict fishing on the beach

Post by Dragon »

crashmister wrote: It's already a state law that you can't fish a guarded beach while Life Guards are on duty.
Can you provide the statute that says that? Please?
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Poseidon10/31
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Re: Hallandale to restrict fishing on the beach

Post by Poseidon10/31 »

Dragon wrote:
crashmister wrote: It's already a state law that you can't fish a guarded beach while Life Guards are on duty.
Can you provide the statute that says that? Please?
Hmmm. Individual city/towns have their own code of ordinance that will dictate whether or not fishing is permitted. These are the people that would be issuing the tickets if you are in violation. For example in Miami it states that fishing is not allowed in the restricted swim areas and gives the exact location of each and how far they extend from each lifeguard tower.

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Dragon
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Re: Hallandale to restrict fishing on the beach

Post by Dragon »

Poseidon10/31 wrote:
Dragon wrote:
crashmister wrote: It's already a state law that you can't fish a guarded beach while Life Guards are on duty.
Can you provide the statute that says that? Please?
Hmmm. Individual city/towns have their own code of ordinance that will dictate whether or not fishing is permitted. These are the people that would be issuing the tickets if you are in violation. For example in Miami it states that fishing is not allowed in the restricted swim areas and gives the exact location of each and how far they extend from each lifeguard tower.
Yes, but the city cannot overrule state laws. Only if the state law is silent, can they make a local law to do what they please. From my research on this BBS, the law says I can fish anywhere below the high tide line with my license. What authority does the city have to make their owns laws in spite of what the state says? anyone?...
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Poseidon10/31
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Re: Hallandale to restrict fishing on the beach

Post by Poseidon10/31 »

I agree, if you are willing to spend the money to hire a lawyer to fight a ticket or change the legislation then please do. The FL statutes do have this to say:

The 2012 Florida Statutes


Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 379
FISH AND WILDLIFE CONSERVATION

379.2412 State preemption of power to regulate.—The power to regulate the taking or possession of saltwater fish, as defined in s. 379.101, is expressly reserved to the state. This section does not prohibit a local government from prohibiting, for reasons of protecting the public health, safety, or welfare, saltwater fishing from real property owned by that local government.
History.—s. 1, ch. 73-208; s. 1, ch. 89-273; s. 66, ch. 2008-247.
Note.—Former s. 370.102.

If the local government says fishing the beach is a safety hazard to swimmers then it appears it would be a legitimate restriction based on this article. Don't get me wrong, I think it's BS...

crashmister
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Re: Hallandale to restrict fishing on the beach

Post by crashmister »

That's actually the exact statute they use. The threat is "perceived" not proven. I agree it's BS, but the state is cool with it as long as they still let people fish after hours.
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Dragon
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Re: Hallandale to restrict fishing on the beach

Post by Dragon »

Poseidon10/31 wrote:I agree, if you are willing to spend the money to hire a lawyer to fight a ticket or change the legislation then please do. The FL statutes do have this to say:

The 2012 Florida Statutes


Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 379
FISH AND WILDLIFE CONSERVATION

379.2412 State preemption of power to regulate.—The power to regulate the taking or possession of saltwater fish, as defined in s. 379.101, is expressly reserved to the state. This section does not prohibit a local government from prohibiting, for reasons of protecting the public health, safety, or welfare, saltwater fishing from real property owned by that local government.
History.—s. 1, ch. 73-208; s. 1, ch. 89-273; s. 66, ch. 2008-247.
Note.—Former s. 370.102.

If the local government says fishing the beach is a safety hazard to swimmers then it appears it would be a legitimate restriction based on this article. Don't get me wrong, I think it's BS...
I agree with you, and I personally don't need any lawyer to uphold my rights! My contention now is that the state owns the land below the high tide line, so the city has no authority from that point onward. I believe that swimmers are a hazard to fishermen and our health (peeing in the water, etc.) so why not the same equal treatment? Also, we have the license (permission by the state to fish their property), swimmers do not...

I plan on being at that meeting and strenuously voicing my opinion. I hope others will be. If not, no complaining about city officials taking away our rights!
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crashmister
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Re: Hallandale to restrict fishing on the beach

Post by crashmister »

Well, it all comes down to a municipal lease. Ocean front municipalities can lease the beach rights from the state. They can then create a public beach that they can regulate. The states lease language limits the municipality to authority during hours of operation only. State still owns the property so constitutionally speaking, it's legal. Really no different from you or I building a dock on waterfront property like a river. First we have to lease the bottom land from the state or we can't sink pilings.
I've been fighting this stuff for 5 years next month. What they can't do is say no fishing. They can however say no fishing between these hours.
Reason for this, is more tourists swim than fish. Simple as that.
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Dragon
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Re: Hallandale to restrict fishing on the beach

Post by Dragon »

I figured that it had to do with leases, etc... Thanks!
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Poseidon10/31
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Re: Hallandale to restrict fishing on the beach

Post by Poseidon10/31 »

On Miami Beach the snook bite usually died by 9am anyways, so it was no big deal when the lifeguards booted me off...

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Dragon
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Re: Hallandale to restrict fishing on the beach

Post by Dragon »

Poseidon10/31 wrote:On Miami Beach the snook bite usually died by 9am anyways, so it was no big deal when the lifeguards booted me off...
They wanted the girls all to themselves!!!! :auto: :nilly: :pirat: :oops: :mrgreen:
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