Target: 

Collier County Board of County Commissioners 

Florida Fish and Wildlife Conservation Commission 

 

Petition Statement:

We are calling for a full ban on nighttime shark fishing from all beaches on Marco Island.

This is not a request for partial regulation or designated zones. The risks to public safety, marine life, and the ecosystem demand a complete prohibition.

 

Why This Matters:

1. Increased Shark Activity at Peak Feeding Times 

Nighttime is a primary feeding period for many shark species. Actively attracting sharks to shore with bait during these hours artificially alters natural behavior, drawing them closer to beaches where people swim, fish, and walk.

 

2. Serious Harm to Shark Health 

Shark fishing from shore often results in significant physical trauma:

 

- Mouth and jaw injuries from large hooks can impair feeding ability 

- Extended fight times lead to extreme exhaustion and physiological stress 

- Beaching sharks for handling removes necessary water flow over gills, causing suffocation risk 

- Post-release mortality is common, even when sharks appear to swim away 

These are not minor impacts—they can lead to long-term suffering or death.

3. Disruption of Natural Ecosystems 

Using chum and large bait during nighttime feeding cycles disrupts predator-prey dynamics and conditions sharks to associate shorelines with food, increasing long-term ecological imbalance.

 

4. Public Safety Risks 

Heavy tackle, large hooks, and long lines placed in low-visibility conditions create hazards for anyone on the beach at night. Attracting apex predators into nearshore waters further elevates unnecessary risk.

 

Our Demand

 

We urge local and state authorities to enact:

- A complete ban on nighttime shark fishing from all Marco Island beaches (sunset to sunrise) 

- Clear enforcement measures and penalties to ensure compliance 

 

Marco Island’s beaches are shared spaces that should not be used for high-risk, high-impact activities that endanger both wildlife and the public. Nighttime shark fishing causes measurable harm and preventable risk. A full ban is the only responsible solution.

 

Sign the Petition to Protect Our Beaches and Marine Life

 

 

 

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Section 1. Title 

This ordinance shall be known as the “Marco Island Nighttime Shark Fishing Prohibition Ordinance.”

 

Section 2. Purpose and Intent 

The purpose of this ordinance is to protect public safety, preserve marine ecosystems, and prevent harm to shark species by prohibiting nighttime shark fishing activities on public beaches within Marco Island.

 

Section 3. Definitions 

For the purposes of this ordinance:

 

- “Shark fishing” means the targeted fishing, hooking, capture, or attempted capture of any species of shark using gear, bait, or techniques intended to attract or catch sharks. 

- “Nighttime hours” means the period from official sunset to official sunrise. 

- “Public beach” means any shoreline, sand area, or coastal access point open to the public within the jurisdiction of Marco Island.

 

Section 4. Prohibited Activities 

It shall be unlawful for any person to:

 

- Engage in shark fishing from any public beach during nighttime hours; 

- Deploy bait, chum, or fishing gear intended to attract sharks from shore during nighttime hours; 

- Land, beach, or attempt to secure a shark on any public beach during nighttime hours.

 

Section 5. Enforcement 

This ordinance shall be enforced by authorized local law enforcement officers and in coordination with the Florida Fish and Wildlife Conservation Commission.

 

Section 6. Penalties 

Any person found in violation of this ordinance shall be subject to:

 

- Fines as established by local code; 

- Potential confiscation of fishing equipment used in violation; 

- Additional penalties as permitted under applicable Florida law.

 

Section 7. Severability 

If any provision of this ordinance is held invalid, such invalidity shall not affect the remaining provisions.

 

Section 8. Effective Date 

This ordinance shall take effect immediately upon adoption.

 

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This petition and proposed ordinance are consistent with the regulatory framework and conservation priorities of the Florida Fish and Wildlife Conservation Commission, including:

 

- Emphasis on responsible fishing practices and species protection 

- Recognition of post-release mortality and handling stress in large marine species 

- Focus on public safety and conflict reduction in shared waterways 

- Support for science-based management of shark populations

 

The requested prohibition reflects a precautionary, conservation-focused approach consistent with statewide fisheries management principles.

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Supporting Florida Statutes and Regulatory Authority

 

The proposed prohibition on nighttime shark fishing on Marco Island is supported by existing Florida constitutional and statutory authority, including:

 

1. Florida Constitution – Article IV, Section 9 

Grants the Florida Fish and Wildlife Conservation Commission the exclusive authority to regulate the conservation of marine life and enforce rules related to fishing practices, including the protection of shark species and public safety.

 

2. Florida Statutes § 379.106 – Marine Fisheries; Powers of the Commission 

Authorizes the Commission to regulate saltwater fishing activities, including methods of take, gear restrictions, and seasonal or time-based prohibitions necessary for conservation and safety.

 

3. Florida Statutes § 379.2426 – Marine Animals; Regulation and Protection 

Provides authority for the protection and management of marine species, including measures to prevent unnecessary harm, injury, or mortality resulting from fishing practices.

 

4. Florida Statutes § 327.60 – Local Government Regulation of Vessels 

While primarily addressing vessels, this statute affirms that local governments may enact ordinances to protect public safety and welfare in coastal areas, provided such ordinances do not conflict with state law—supporting local action where risks to the public are present.

 

5. Florida Statutes § 125.01 – County Government Powers 

Grants counties broad authority to enact ordinances necessary to protect the health, safety, and welfare of residents and visitors, including regulation of activities occurring on public beaches.

 

6. Florida Administrative Code Rule 68B-44 – Sharks and Rays 

Establishes regulations governing the harvest, handling, and conservation of shark species, including prohibited species, gear restrictions, and requirements designed to reduce injury and post-release mortality. The documented impacts of shore-based shark fishing—particularly at night—are directly relevant to these protections.

 

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Conclusion of Legal Basis

 

These authorities collectively establish that both state and local entities have the legal framework necessary to:

 

- Regulate or prohibit specific fishing practices 

- Protect marine wildlife from unnecessary harm 

- Address public safety risks on shared shorelines 

The requested nighttime prohibition is a narrowly tailored, enforceable measure that aligns with existing Florida law and conservation policy.