STUART — Martin County commissioners have put the brakes on a proposed ordinance that would change county regulations governing saltwater fishing, including where and when shark fishing could take place on public beaches.
The proposed ordinance would repeal portions of the county code that regulate saltwater fishing because state law gives the Florida Fish and Wildlife Conservation Commission authority over saltwater fishing and the taking and possession of marine life.
Under the proposed changes, shark fishing would be prohibited on public beaches during hours when lifeguards are on duty and from fishing docks when boats are being launched or removed from the water. However, shark fishing would be allowed on public beaches during unguarded hours.
That provision prompted strong opposition from residents who said allowing shark fishing during unguarded hours could increase the use of chum and drones to attract sharks near beaches frequented by swimmers, surfers and families.
After hearing from residents, a marine biologist and county attorneys, commissioners voted unanimously to table the ordinance Aug. 5 and directed staff to further study the use of drones in shark fishing and consider whether additional local restrictions can be included.
What would change?
Assistant County Attorney Joseph Baron said the primary purpose of the amendment is to bring the county code into compliance with state law.
“Florida statutes reserves the authority to regulate saltwater fishing,” Baron said. “The statute does, however, recognize an exception, allowing local governments to prohibit salt-water fishing on property owned by the county when necessary to protect the public health, safety and welfare.”
The proposed amendment would repeal county provisions governing saltwater fishing that are preempted by state law.
Senior Assistant County Attorney Melissa Pietrzyk explained that state law does not leave the county without any authority over activities occurring on local beaches.
“There is a state statute that has essentially preempted the powers from the county to regulate saltwater fishing and that includes shark fishing,” she said. “Preemption meaning the state says, “County, you can’t control this anymore. The state has to control it.”
Pietrzyk said state regulations prohibit chumming from a beach. Chumming generally involves putting blood, bait or other substances into the water to attract fish or sharks.
“If a member of the public sees somebody chumming — throwing blood bait — they should be calling FWC so that person can get cited [and] potentially arrested,” she said.
County Attorney Elysse Elder suggested that the ordinance could be rewritten to preserve more of the county’s existing language while specifically referencing restrictions already contained in state law.
“The ordinance presented today does eliminate our regulation of shark fishing,” Elder said. “If the board wants, we can rework the ordinance to reference state law.”
Why residents are concerned
Several residents raised concerns about shark fishing during the meeting’s initial public comment period, even though the item was scheduled for later on the agenda.
Stuart resident Douglas Adler led the opposition, arguing that eliminating portions of the county’s existing restrictions could create safety concerns at popular beaches.
“According to this proposed amendment, we’re going to be striking out some laws and some rules, which really in my opinion are crucial to the safety of the public,” he said.
Adler said the county currently prohibits shark fishing within 1,000 yards of a full-service public beach with a bathroom, shower and lifeguard, citing Stuart Beach, Jensen Beach and Bathtub Beach as examples.
He also described an incident in late 2024 when he became caught in a shark-fishing line while surfing at Santa Lucia Beach.
“I was caught in a shark fishing line that wrapped around my ankle [and] tore through my wetsuit,” he said. “It was one of the scariest moments of my life.”
Adler said the fishermen had used drones to take bait several hundred yards offshore while remaining on the beach near the dunes.
“If we’re going to be amending these rules, there should be some amendment regarding shark fishing using drones, which has become a huge problem on our beaches,” he said.
Robert Wolf, a beach user, swimmer and surfer, also urged commissioners to maintain local restrictions.
He said he has seen shark fishermen travel from South Florida to Martin County beaches, catch sharks and post photographs and locations on social media.
“If the tourists find out these guys are coming to Jensen and Stuart and Hobe Sound Beach to shark fish and posting these pictures online, that’s not good for our local community, plus it’s not safe,” he said.
Hutchinson Island resident Dottie Lancy described a similar situation near her home, saying shark fishermen had used multiple fishing poles, cameras and a drone to chum and attract sharks from the beach.
The next morning, she said, a family with two young children set up umbrellas and entered the water in the same area without knowing what had occurred there the previous day.
“State rules concerning this do not prevent local government from passing laws of their own restrictions in the interest of public safety,” Lancy said.
Scientific concerns
Marine biologist Justin Grubich, an avid fisherman and surfer who has researched shark behavior, also spoke in favor of maintaining stronger local restrictions.
“I think keeping that language you have now is probably the prudent and best option,” he said.
Grubich said chumming adds bait and blood to the water and can attract sharks to specific areas.
“There’s accumulated scientific evidence that you can create problem sharks, like problem bears,” he said. “If you have blood-baiting or chumming going on in public beaches, you could get sharks used to coming to that area and eventually you’re going to have a wildlife interaction and that would be a tragedy.”
He said recreational fishermen have ample opportunity to fish away from public beaches under existing rules.
Commissioners seek more options
After additional discussion and public comment, commissioners decided they were not ready to approve the ordinance as written.
Staff was directed to further examine the use of drones in shark fishing and whether the county can retain or add restrictions at other public beaches while remaining within the limits of state law.
The commission voted unanimously to table the ordinance and send it back to county legal staff for further review and possible revisions.