2018-30645 Resolution •
RESOLUTION NO. 2018-30645
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE AND THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION TO ENACT STRICTER
RESTRICTIONS ON THE FISHING AND HARVESTING OF
SHARK AND ALLIGATOR SPECIES AND, IF APPLICABLE, TO
ENFORCE EXISTING RESTRICTIONS ON THE SALE OF
SHARK AND ALLIGATOR SPECIES THAT ARE ILLEGAL TO
HARVEST OR SELL.
WHEREAS, the City of Miami Beach (the "City") has been advised that certain retail
stores, including souvenir stores, are engaged in the sale of souvenir items containing or
consisting of dead shark and alligator specimens; and
WHEREAS, the City has also been advised that some of these souvenir items containing
dead shark specimens are labeled with the name "Miami Beach"; and
WHEREAS, the Mayor and City Commission hereby determine that the sale of such
products, especially those products labeled with the name of the City, is injurious to the Miami
Beach brand; and
WHEREAS, Article IV, Section 9 of the Florida Constitution provides that the Fish and
Wildlife Conservation Commission (the "FWC") "shall exercise the regulatory and executive
powers of the state with respect to wild animal life and fresh water aquatic life, and shall also
exercise regulatory and executive powers of the state with respect to marine life, except that all
license fees for taking wild animal life, fresh water aquatic life, and marine life and penalties for
violating regulations of the commission shall be prescribed by general law"; and
WHEREAS, Section 379.2412, Florida Statutes, provides that"[t]he power to regulate the
taking or possession of saltwater fish . . . is expressly reserved to the state"; and
WHEREAS, Rule 68-1.005 of the Florida Administrative Code recognizes that"[t]he power
to regulate the taking or possession of marine life, as assigned to the Fish and Wildlife
Conservation Commission by Article IV, Section 9 of the Florida Constitution, is expressly
reserved to the Commission"; and
WHEREAS, pursuant to such authority, the FWC has adopted rules establishing bag,
possession, and size limits, and restricting methods of taking wildlife, freshwater fish, and
saltwater fish, as well as prohibitions on the harvest, possession, landing, purchase, sale, or
exchange of certain enumerated species; and
WHEREAS, the FWC has not imposed any size restrictions on the harvesting of smooth
dogfish, a species of shark believed to be used in certain souvenir items containing dead shark
specimens; and
WHEREAS, the adoption of size restrictions on the harvesting of smooth dogfish would
help prevent the sale of such souvenir items; and
WHEREAS, additionally, pursuant to Article IV, Section 9 of the Florida Constitution, the
FWC has adopted regulations on the taking, possession, and sale of reptiles, including American
alligators; and
WHEREAS, to the extent that existing restrictions apply to shark and alligator species
used for souvenir items, the Mayor and City Commission hereby urge the FWC, and any other
appropriate law enforcement agency, to investigate the sale of the subject souvenir items in the
City of Miami Beach; and
WHEREAS, to the extent that existing restrictions are not applicable, the Mayor and City
Commission hereby urge the Florida Legislature and the FWC to enact appropriate restrictions
on the fishing and harvesting of shark and alligator species, in order to prevent the sale of souvenir
items containing or consisting of such animal species.
NOW, THEREFORE, BE IT. DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urge the Florida Legislature and the Florida Fish and Wildlife Conservation
Commission to enact stricter restrictions on the fishing and harvesting of shark and alligator
species and, if applicable, to enforce existing restrictions on the sale of shark and alligator species
that are illegal to harvest or sell.
PASSED and ADOPTED this a day of leCPIM.bP , 2018.
ATTEST:
11.11.y. tx !an Gelber
Rafael E. ranado Mayor
City Clerk
(Sponsored by Commissioner Mark Samuelian)
(Co-sponsored by Vice-Mayor Michael Gongora)
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F:\ATTO\KALN\RESOLUTIONS\Urge Legislature and FWC to enact and enforce restrictions on shark alligator species.docx
Agenda Item C 7 Ad
Date ,2-12-18
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
To: Mayor Dan Gelber Date: December 12, 2018
Members of the City Commission
cc: Jimmy L. Morales, City Manager
Rafael E. Granado, City Cie
From: Raul J. Aguila, City Attornfi `
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE
AND THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
TO ENACT STRICTER RESTRICTIONS ON THE FISHING AND
HARVESTING OF SHARK AND ALLIGATOR SPECIES AND, IF
APPLICABLE, TO ENFORCE EXISTING RESTRICTIONS ON THE SALE
OF SHARK AND ALLIGATOR SPECIES THAT ARE ILLEGAL TO
HARVEST OR SELL.
Pursuant to the request of Commissioner Mark Samuelian, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the December 12, 2018
Commission meeting.
Vice-Mayor Michael Gongora is a co-sponsor for this item.