HomeMy WebLinkAboutBIE - Shore-Based Shark Fishing Prohibited (1/14/2026)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www .miamibeachfl.gov
TO:
FROM:
MEETING DATE:
SUBJECT:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager
February 5,2026
BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,BY AMENDING CHAPTER 10,ENTITLED "ANIMALS,"BY CREATING SECTION
10-21,ENTITLED "SHORE-BASED SHARK FISHING PROHIBITED;DEFINITIONS;
PENAL TIES"TO PROVIDE DEFINITIONS,PROHIBITIONS AND PENAL TIES;AND
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes □No (If no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget
amendments,including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other
financial assistance accepted by the City;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or□The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land
development regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community
development districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
If none of the above exceptions apply,this Business Impact Estimate is hereby provided
in accordance with Section 166.041 (4 ),Florida Statutes.
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Business Impact Estimate
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1.A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance,as well as in the recitals to the
Ordinance itself.The Commission Memorandum and Ordinance are attached hereto.
2.The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private,for-profit businesses in the City of Miami Beach;that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur;that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible;and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
I 4.Additional comments:None.
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Ordinances - R5 AG
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:December 17, 2025 3:20 p.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 10, ENTITLED “ANIMALS,”
BY CREATING SECTION 10-21, ENTITLED “SHORE-BASED SHARK FISHING
PROHIBITED; DEFINITIONS; PENALTIES” TO PROVIDE DEFINITIONS,
PROHIBITIONS AND PENALTIES; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed ordinance, sponsored by Commissioner Laura Dominguez, is submitted for
consideration by the Mayor and City Commission.
Shore-based shark fishing requires the use of heavy fishing gear, long lengths of line, and large
hooks that, when deployed from crowded beaches or public piers, create entanglement and injury
hazards for swimmers, surfers, waders, and other shoreline/beach users. The practice of
deploying baited shark rigs into near-shore waters—often through wading or paddling offshore—
conflicts with normal recreational use of City beaches and increases the risk of human–shark
interactions in areas designated for bathing/swimming.
Additionally, sharks and all aquatic life are important to the biodiversity of the coastal waters in
the City and throughout the State of Florida. However, the City has observed incidents of
deceased sharks located along its shores and the shores of nearby municipalities, apparently
resulting from fishing, or the catching and mishandling of sharks, in nearby waters. These
incidents raise serious concerns regarding animal cruelty, marine ecosystem health, and the
negative visual and environmental impacts to the beaches in the City, which are the City’s most
valuable natural and tourism asset.
As such, the proposed Ordinance would prohibit shore-based shark fishing in order to reduce
potential conflicts, avoid dangerous conditions, and protect the public health, safety, and welfare
of residents and visitors who rely on City beaches and piers for safe recreation. Moreover, the
proposed Ordinance would prevent the intentional or negligent capture, injury, and/or killing of
sharks within or adjacent to City waters and protect endangered marine life and native species.
FISCAL IMPACT STATEMENT
None.
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Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Laura Dominguez
Co-sponsor(s)
Commissioner David Suarez
Condensed Title
3:20 p.m. 1st Rdg, Shore-Based Shark Fishing Prohibited. (Dominguez/Suarez) CA
Previous Action (For City Clerk Use Only)
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ORDINANCE NO.-----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,BY AMENDING CHAPTER 10,ENTITLED "ANIMALS,"
BY CREATING SECTION 10-21,ENTITLED "SHORE-BASED SHARK FISHING
PROHIBITED;DEFINITIONS;PENALTIES"TO PROVIDE DEFINITIONS,
PROHIBITIONS AND PENALTIES;AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,shore-based shark fishing requires the use of heavy fishing gear,long lengths
of line,and large hooks that,when deployed from crowded beaches or public piers,create
entanglement and injury hazards for swimmers,surfers,waders,and other shoreline users;and
WHEREAS,the practice of deploying baited shark rigs into near-shore waters-often
through wading or paddling offshore-conflicts with normal recreational use of City beaches and
increases the risk of human-shark interactions in areas designated for bathing;and
WHEREAS,sharks and all aquatic life are also important to the biodiversity of the coastal
waters in the City and in the State of Florida;and
WHEREAS,the City has observed incidents of deceased sharks located along its shores
and the shores of nearby municipalities,apparently resulting from fishing or the catching and
mishandling of sharks in nearby waters;and
WHEREAS,such incidents raise serious concerns regarding animal cruelty,marine
ecosystem health,and the negative visual and environmental impacts to the beaches in the City,
which are the City's most valuable natural and tourism asset;and
WHEREAS,it is in the best interest of the City to establish reasonable regulations regarding
fishing from the beach and shore,including any structure attached to the beach or shore;and
WHEREAS,the Mayor and City Commission desire to eliminate shark fishing from the
beaches or shores of the City irrespective of permits or licenses issued or obtained pursuant to 50
C.F.R.§635.4 or Chapter 68B-44 of the Florida Administrative Code;and
WHEREAS,the City Commission finds that prohibiting shore-based shark fishing is
necessary to reduce conflicts,avoid dangerous conditions,and protect the public health,safety,and
welfare of residents and visitors who rely on City beaches and piers for safe recreation;and
WHEREAS,the Mayor and City Commission also find it necessary and appropriate to
prevent the intentional or negligent capture,injury,or killing of sharks within or adjacent to City
waters and to protect endangered marine life and native species by adoption of this Ordinance.
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Section 10-21 of the City Code shall be created as follows,and as hereinafter
set forth below:
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CHAPTER 10 -ANIMALS
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Sec._10-21.Shore-based shark fishing prohibited;definitions;penalties.
(a)Definitions For purposes of this section,the following terms shall have the definitions
provided herein.
ill Shark shall have the same meaning as set forth in Florida Administrative Code section
68B-44_002(2)
(2)Shore-based shark fishing shall mean the targeting or harvesting of any species
of shark when fishing from the shore,wade fishing,or fishing from any structure
attached to the shore including,but not limited to,any bridge,pier,dock,or jetty.Fishing
from the shore,or any structure attached to the shore,by or with any of the following
gear or methods,shall constitute shore-based shark fishing irrespective of the species
targeted or harvested.
a.Fishing with a metal leader greater than four (4)feet in length .
b.Using a fighting belt,fighting harness.or similar device in conjunction with a fishing
rod to give the angler a mechanical advantage when reeling in a fish.
c.Deploying bait by any means other than casting from the shore or casting while wade
fishing,including,but not limited to,transporting or dropping the bait by or from a
vessel,surfboard,drone,or by swimming.
d.Deploying a baited hook for which the maximum distance measured between two
points inside the curve created by the hook exceeds 1.1 inches,when measured at
the widest dimension .
(b)Prohibitions.
ill Notwithstanding the possession of a permit or license issued pursuant to Florida
Administrative Code section 68-44.009(3)or 50 C.F.R.section 635.4,_no person shall
participate in shore-based shark fishing in the jurisdictional waters of the City.
(2)Any person who accidentally catches a shark in violation of this section 10-21 while
fishing from the shore shall immediately release such shark at the site of capture,
without unnecessary harm.Delaying the release of a shark for any period of time
longer than necessary to remove the hook or other fishing tackle is prohibited.If the
hook cannot be removed quickly,either the hook must be cut,or the leader must be cut
as close to the hook as possible,in order to remove as much fishing tackle as
practicable without delaying release of the shark.
(c)Penalties Any violation of this section shall be punished by imprisonment for a term not
exceeding 60 days or by a fine not exceeding $500.00,or by both such fine and
imprisonment,in accordance with section 1-14 of the City Code.
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SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3.SEVERABILITY.
If any section,sentence,clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4.CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
of the City of Miami Beach,Florida.The sections of this ordinance may be renumbered or re-lettered
to accomplish such intention,and the word "ordinance"may be changed to "section,""article,"or
other appropriate word.
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect the day of '2026.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
Underline denotes additions.
(Sponsored by Commissioner Laura Dominguez)
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APPROVED AS TO
FORM &LANGUAGE
XECUTION
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