SilverOrange
Junior Member
What is the name of your state (only U.S. law)? Florida
I have a complicated question, so I am going to outline a scenario that I can see happening.
I go fishing at the beach. I get up early, 4am, I get there at 5am, when it is still dark. There is nobody on the beach, it is just now the crack of dawn (which means the beach is open, some beaches close at sundown.) I choose a relatively low traffic area of the beach. I set up my sun canopy, lug some coolers over for bait/refreshments, set out some chairs. I usually fish with my wife and her family. I cast my rods out into the water, and start hanging out on the sand, under the high water line, mind you (1. Reference) A couple of hours pass, I get some fish, maybe small maybe not, not fishing for anything in particular. Then a person who absolutely hates fisherman and anybody that eats meat sees me. They call the police on me, because what I am doing although legal is absolutely wrong! The officer or beach patrol officer that arrives also despises fisherman, maybe because he has had a bad experience with them leaving trash, dead fish, etc, on the beach. I don't do that, I always make sure it is exactly it was when I got there. The officer tells me and my family to leave. What do I do?
There is one regulation that protects me, and also I am on state lands, since I am under the high water land.
"379.105 Harassment of hunters, trappers, or fishers.
(1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
(2) Any person who violates this section commits a Level Two violation under s. 379.401."
What can I say to the officer to tell him, I am here legally, without getting arrested for not listening to him? I have had an encounter eerily close to this in the past, and police seem to think that their word is law. I am 21, married, college graduate, I am not some bum fishing on the beach. The officer can claim I am disturbing the peace, how do I prove that I am not? Do I need to video tape every single second of me being on the beach, because I will if that is what it takes. It really makes me mad people can discriminate against fisherman like this. I am relaxing, enjoying a nice day, doing absolutely nothing wrong, and because one person doesn't agree with what I am doing I can get kicked off of public land? I asked the Florida Wildlife Commission, and they said
"Mr. Name: FWC regulations do not prohibit shark fishing from the beach anywhere in Florida. At least two counties (Volusia and Walton) currently have ordinances that prohibit shark fishing and chumming from the beach and other municipalities are being pressured to establish restrictions. Shark fishing from the beach, while legal in almost all places, is viewed negatively by many and there are lots of people out there that would like to see shark fishing and chumming from the beach prohibited. I do not share their views, but I do suggest that shark anglers do what they can to avoid making this a big issue. In other words, dont run shark lines out when swimmers are present. If this means finding a secluded beach or fishing at night, I think that is a good choice."
when I asked them about me shark fishing from the beach. I participate in a program ran by NOAA called the Apex Predator Program where I tag and release sharks. I don't only fish for sharks, if I get one I get one. I would rather get a tarpon to be honest.
So, what can I do? I am going to print off every single one off the laws I can find supporting me, have them laminated, along with FWC's response to my question. Is there any more I can do? I really don't like this situation, being totally legal and yet still being discriminated against.
(1. Reference) 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.
I have a complicated question, so I am going to outline a scenario that I can see happening.
I go fishing at the beach. I get up early, 4am, I get there at 5am, when it is still dark. There is nobody on the beach, it is just now the crack of dawn (which means the beach is open, some beaches close at sundown.) I choose a relatively low traffic area of the beach. I set up my sun canopy, lug some coolers over for bait/refreshments, set out some chairs. I usually fish with my wife and her family. I cast my rods out into the water, and start hanging out on the sand, under the high water line, mind you (1. Reference) A couple of hours pass, I get some fish, maybe small maybe not, not fishing for anything in particular. Then a person who absolutely hates fisherman and anybody that eats meat sees me. They call the police on me, because what I am doing although legal is absolutely wrong! The officer or beach patrol officer that arrives also despises fisherman, maybe because he has had a bad experience with them leaving trash, dead fish, etc, on the beach. I don't do that, I always make sure it is exactly it was when I got there. The officer tells me and my family to leave. What do I do?
There is one regulation that protects me, and also I am on state lands, since I am under the high water land.
"379.105 Harassment of hunters, trappers, or fishers.
(1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
(2) Any person who violates this section commits a Level Two violation under s. 379.401."
What can I say to the officer to tell him, I am here legally, without getting arrested for not listening to him? I have had an encounter eerily close to this in the past, and police seem to think that their word is law. I am 21, married, college graduate, I am not some bum fishing on the beach. The officer can claim I am disturbing the peace, how do I prove that I am not? Do I need to video tape every single second of me being on the beach, because I will if that is what it takes. It really makes me mad people can discriminate against fisherman like this. I am relaxing, enjoying a nice day, doing absolutely nothing wrong, and because one person doesn't agree with what I am doing I can get kicked off of public land? I asked the Florida Wildlife Commission, and they said
"Mr. Name: FWC regulations do not prohibit shark fishing from the beach anywhere in Florida. At least two counties (Volusia and Walton) currently have ordinances that prohibit shark fishing and chumming from the beach and other municipalities are being pressured to establish restrictions. Shark fishing from the beach, while legal in almost all places, is viewed negatively by many and there are lots of people out there that would like to see shark fishing and chumming from the beach prohibited. I do not share their views, but I do suggest that shark anglers do what they can to avoid making this a big issue. In other words, dont run shark lines out when swimmers are present. If this means finding a secluded beach or fishing at night, I think that is a good choice."
when I asked them about me shark fishing from the beach. I participate in a program ran by NOAA called the Apex Predator Program where I tag and release sharks. I don't only fish for sharks, if I get one I get one. I would rather get a tarpon to be honest.
So, what can I do? I am going to print off every single one off the laws I can find supporting me, have them laminated, along with FWC's response to my question. Is there any more I can do? I really don't like this situation, being totally legal and yet still being discriminated against.
(1. Reference) 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.
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