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Home My WebLink AboutOrdinance 2026-4800ORDINANCE NO. 2026-4800 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 6813-44 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: CHAPTER 10 —ANIMALS Sec. 10-21. Shore -based shark fishing prohibited; definitions; penalties. (a) Definitions. For purposes of this section, the following terms shall have the definition provided herein. Shark shall have the same meaning as set forth in Florida Administrative Code section 68B-44.002(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. Fishinq 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. Prohibitions. t1 Notwithstanding the possession of a permit or license issued pursuant to Florida Administrative Code section 68B-44.009(3) or 50 C.F.R. section 635.4, no person shall participate in shore -based shark fishing in the 1urisdictional waters of the City. 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 fishina 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. 2 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 ATTEST: FEB 0 9 2026 Rafael E. Granado, City Clerk Underline denotes additions. 5 day of F� �j rtAq r , 2026. Steven Meiner, Mayor (Sponsored by Commissioner Laura Dominguez) Co -Sponsored by Commissioner David Suarez Co -Sponsored by Commissioner Tanya K. Bhatt Co -Sponsored by Commissioner Alex J. Fernandez Co -Sponsored by Commissioner Joseph Magazine Co -Sponsored by Mayor Steven Meiner Co -Sponsored by Commissioner Monica Matteo-Salinas APPROVED AS TO FORM & LANGUAGE XECUTION )Zls--)wz�c- City Attorney' 3 Ordinances - R5 M MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J Dopico DATE: February 5, 2026 10:15 a m. Second 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. 966 of 2180 FISCAL IMPACT STATEMENT None. Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 1/14/2026 See BIE at: https://www.miamibeachfi.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? No Is this item related to a G.O. Bond Proiect? 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 Commissioner Tanya K. Bhatt Commissioner Alex Fernandez Commissioner Joseph Magazine Mayor Steven Meiner Commissioner Monica Matteo-Salinas Condensed Title 967 of 2180 10:15 a.m. 2nd Rdg, Shore -Based Shark Fishing Prohibited. (LD/DS/TB/AF/JM/SM/MMS) CA Previous Action (For City Clerk Use Only) First Reading Public Hearing on 12/17/2025 - R5 AG 968 of 2180