I am writing regarding the recent passage of Ordinance 405 by the town of Manalapan on May 12 and the growing trend of municipalities attempting to regulate shark fishing and other fishing activity, despite Florida’s longstanding state preemption over saltwater fisheries management.
This ordinance raises serious concerns not only for anglers, but for anyone concerned about constitutional limits on local government authority and the expansion of municipal power into areas already regulated by the state of Florida and the Florida Fish and Wildlife Conservation Commission.
FWC already maintains statewide regulations governing shore-based shark fishing, shark permits and education, handling and release requirements, gear restrictions, and beach chumming prohibitions.
Yet municipalities are increasingly attempting to bypass state authority by framing fishing restrictions under vague terms such as “hazardous fishing practices, public safety and shark-attracting activity.”
The issue is no longer simply about fishing. It is about whether local governments can indirectly regulate lawful, state-managed activities through broad and subjective language that may create constitutional, enforceability and preemption concerns.
This concern is not hypothetical. A similar proposal in Marco Island reportedly failed after substantial public opposition and concerns raised regarding legality and enforceability.
Meanwhile, Miami Beach’s recently adopted shark-fishing ordinance generated widespread controversy and legal scrutiny before ultimately being repealed amid growing concerns regarding municipal authority, state preemption, and the legality of local governments regulating fishing activity already governed by FWC.
The public deserves transparency regarding how these ordinances are being drafted, whether municipalities are coordinating regionally, what guidance FWC has provided, and whether local governments are advancing legally questionable ordinances despite acknowledged concerns.
Many anglers support responsible fishing practices, conservation, swimmer safety and proper enforcement of existing laws. However, creating a patchwork of local fishing restrictions across Florida risks confusion, selective enforcement and unnecessary conflict between municipalities and state authority.
I believe this issue deserves continued public scrutiny and further reporting, particularly regarding communications among municipalities, FWC’s position on local authority, and the statewide implications of these ordinances.
— Christopher Dilecce
Melbourne
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