Brevard county life guard stopped me from fishing today.

Slug-O

Now this was interesting to say the least. At 13:30 I went down to the CB pier like I have every day to fish except the last two due to weather. I had my rod and cart and prepared to fish under the pier for snook. A young man in lifeguard uniform came down and said that there was no fishing allowed. I asked him to tell me the city, county, state regulation/code that says I'm not allowed to fish on a public beach. All he could say was "it's for the good of the people"???
Now being a person of law and not mob rule I asked him to get his supervisor. After awhile two males on a cart showed up. I explained that my plans of fishing under the pier and they asked why I don't fish on the pier. Obviously not fishermen.... I again asked for the fishing regs and they knew none but again said no fishing.
Now doesnt Florida statue 379.104 protects the rights of hunters, trappers and fishermen from being hurrased. This F.S.has been used against companies and the city of Jax FL. The same goes for those that represent city, state, and county.
There was zero people swimming on the north side of the pier and the surfers were at and beyond the end of the pier.
I took photos of the people involved working for the county and the area I wanted to fish.I also tried to locate an FWC officer but none could be found.


One of many snook I have caught in the first breaker seen in the first photo..

The Cat's Eye

The problem with crap like this is that if you just ignored them they would just call in a LEO and he would probably back up their claim. If you ignored the cop he then could arrest you for "failure to obey a police order" if there is no ordinance against fishing on the beach in that area. This is how these jerks operate. To beat this type of crap you would probably have to hire an attorney and petition the local commission or courts to get a ruling. This could also backfire, since the local governing commission could then pass an ordinance making it illegal to fish on the entire beach. Personally, I would push it until a LEO showed up just to see what he would say.

Years ago I knew a group of commercial fisherman who commonly motored up to the Haulover pier in Dade County, just before sunrise, to throw their cast nets for pilchards. These boats only stayed long enough to make a few throws. The pier had signs posted that boats could not come any closer than 150 yd's to the pier. The fisherman on the pier felt that the signs gave them the right to throw sinkers and bottles down on the commercial fisherman. One day a commercial fisherman swam to the beach (after anchoring his boat) when his young daughter was nearly hit in the head by a bottle throw from the pier; when he go up on the pier he beat the crap out of the offender. But then he was attacked by a large group of other fisherman and had to jump off the pier for his life. This incident and others prompted a group of commercial fisherman to get together and take the whole thing to court. They had video of the fisherman throwing bottles and heavy sinkers down on them and this obviously helped their case. The judge ruled in their favor and the illegal signs had to come down on the pier, since these signs were not backed up by any ordinance. The conflict between the fisherman on the pier and commercial fisherman stopped; and now the commercial fisherman could legally come right up to the pier to catch their live bait. (I often joined them).

CountryBumpkin

I found this info by google searching on Cocoa Beach City ordinances regarding beach fishing.

Sec. 5-33.3. - Ocean surf fishing.permanent link to this piece of content

The police or lifeguards may prohibit surf fishing in the ocean in close proximity to swimmers, where this causes a threat to the safety of nearby swimmers.

(Ord. No. 953, § 2, 2-7-1991; Ord. No. 1120, § 1, 8-15-1996)

Sounds like it is pretty much up to the individual city employee you encounter to rule at his/her discretion.:banghead

I would still file a complaint with the Mayor's office if I were you. Especially since you are visiting. Tell them you will spend your money next trip somewhere more fisherman friendly:wink

Hopittyhop

Dam sucks to hear them harassing you. That is a nice snook though, what did u catch it on?

sk018

The Cat's Eye wrote: »

The problem with crap like this is that if you just ignored them they would just call in a LEO and he would probably back up their claim. If you ignored the cop he then could arrest you for "failure to obey a police order" if there is no ordinance against fishing on the beach in that area. This is how these jerks operate. To beat this type of crap you would probably have to hire an attorney and petition the local commission or courts to get a ruling. This could also backfire, since the local governing commission could then pass an ordinance making it illegal to fish on the entire beach. Personally, I would push it until a LEO showed up just to see what he would say.

Years ago I knew a group of commercial fisherman who commonly motored up to the Haulover pier in Dade County, just before sunrise, to throw their cast nets for pilchards. These boats only stayed long enough to make a few throws. The pier had signs posted that boats could not come any closer than 150 yd's to the pier. The fisherman on the pier felt that the signs gave them the right to throw sinkers and bottles down on the commercial fisherman. One day a commercial fisherman swam to the beach (after anchoring his boat) when his young daughter was nearly hit in the head by a bottle throw from the pier; when he go up on the pier he beat the crap out of the offender. But then he was attacked by a large group of other fisherman and had to jump off the pier for his life. This incident and others prompted a group of commercial fisherman to get together and take the whole thing to court. They had video of the fisherman throwing bottles and heavy sinkers down on them and this obviously helped their case. The judge ruled in their favor and the illegal signs had to come down on the pier, since these signs were not backed up by any ordinance. The conflict between the fisherman on the pier and commercial fisherman stopped; and now the commercial fisherman could legally come right up to the pier to catch their live bait. (I often joined them).

No offense but if I were fishing from a pier I would not take kindly to someone throwing a cast net right where I am fishing. but obviously doesnt make throwing sinkers ok
Sounds like your buddy shouldnt have gone to the pier to start a fight he wasnt prepared to finish.

Indian Riverkeeper

Slug-O wrote: »

Now this was interesting to say the least. At 13:30 I went down to the CB pier like I have every day to fish except the last two due to weather. I had my rod and cart and prepared to fish under the pier for snook. A young man in lifeguard uniform came down and said that there was no fishing allowed. I asked him to tell me the city, county, state regulation/code that says I'm not allowed to fish on a public beach. All he could say was "it's for the good of the people"???
Now being a person of law and not mob rule I asked him to get his supervisor. After awhile two males on a cart showed up. I explained that my plans of fishing under the pier and they asked why I don't fish on the pier. Obviously not fishermen.... I again asked for the fishing regs and they knew none but again said no fishing.
Now doesnt Florida statue 379.104 protects the rights of hunters, trappers and fishermen from being hurrased. This F.S.has been used against companies and the city of Jax FL. The same goes for those that represent city, state, and county.
There was zero people swimming on the north side of the pier and the surfers were at and beyond the end of the pier.
I took photos of the people involved working for the county and the area I wanted to fish.I also tried to locate an FWC officer but none could be found.


One of many snook I have caught in the first breaker seen in the first photo..

Does that fish have lesions?

Gary S. Colecchio

Slug-O wrote: »

Now doesnt Florida statue 379.104 protects the rights of hunters, trappers and fishermen from being hurrased. This F.S.has been used against companies and the city of Jax FL. The same goes for those that represent city, state, and county. of many

No. Nice fish.

mandaferret

Indian Riverkeeper wrote: »

Does that fish have lesions?

Looks more like some grass stuck to it.

ANUMBER1

sk018 wrote: »

No offense but if I were fishing from a pier I would not take kindly to someone throwing a cast net right where I am fishing. but obviously doesnt make throwing sinkers ok
Sounds like your buddy shouldnt have gone to the pier to start a fight he wasnt prepared to finish.

Sounds like he did ok until jumped by a cowardly mob.

Slug-O

Indian Riverkeeper wrote: »

Does that fish have lesions?

no that's sand you see on it. as for the cuts and scars....well I think this fish has lives under the pier for some period of time as the cuts on it looked to come from rubbing up against the pilings.

renriq02

i wonder if the PIER called the lifeguard over ..... they're losing business when someone is fishing using their pier....but not paying. Fisherman probably see you and probalby think that they could fish from the beach and no need to pay either

Frisbee

I lifeguarded for brevard up till 1999. The rule was that we would not allow surfers or fishermen in the swimming area. A swimming area was defined as 100 yds of either side of where a lifeguard set a tower. We used to use flags in an attempt to help communicate where fishing and surfing could be done. All we ever did was take up 200 every couple of miles unless it was a massive tourist beach, which had multiple stands.
If their is a lifeguard posted at the pier then it is in all likelihood off limits while a Lifeguard is present.

The only other reasoning is that when a structure or an activity is identified as dangerous the area is closed.

Only thing I can tell ya to do is come in before 10 or after 4:30. That tower might be fulltime/Full Season, but it could be a week-end tower so the rest of the week could be open to you.
The reason we no longer mark the boundary with flags is because the cute little surfers would steal them.

saltybum

I would think a lifeguard using his head would reason that a tourist swimming in waves under the pier would be more in danger of smashing their face into a barnacle covered piling than being in danger from a fisherman.

Concerning that red mark on the snooks face? It got bonked by a beer bottle.

Finfinder

why are you fishing under the pier when everyone else fishes from it

nice fish

Maverick1

Gary S. Colecchio wrote: »

No. Nice fish.

It's actually 379.105, although 104 introduces the topic:

379.105 Harassment of hunters, trappers, or fishers.—
(1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
(2) Any person who violates this section commits a Level Two violation under s. 379.401.
History.—s. 2, ch. 90-170; s. 27, ch. 2006-304; s. 9, ch. 2008-247.
Note.—Former s. 372.705.

Gary S. Colecchio

Maverick1 wrote: »

It's actually 379.105, although 104 introduces the topic:

379.105 Harassment of hunters, trappers, or fishers.—
(1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
(2) Any person who violates this section commits a Level Two violation under s. 379.401.
History.—s. 2, ch. 90-170; s. 27, ch. 2006-304; s. 9, ch. 2008-247.
Note.—Former s. 372.705.

The answer is still no.

Maverick1

Originally Posted by Slug-O
Now doesnt Florida statue 379.104 protects the rights of hunters, trappers and fishermen from being hurrased.
Obviously the answer is "Yes"

Gary S. Colecchio

Obviously the answer is no. Local ordinance can subordinate state law by prohibiting access and fishing itself.