Definitions of surf fishing for sharks???

Have read on this forum that it is illegal to fish for sharks on any beach in Gulf Shores or Orange Beach. Here is the question I have. What is defined as shark fishing. If I have my 2 6000's spinning reels out say with a whiting head or cut ladyfish with a #5 circle hook. And mr enforcer of the law walks up. Is that defined as shark fishing and I get ticketed, or is it just his judgement to make that call wether I'm legal or illegal. Just want to stay within the rules while I'm down. Would hate to have a hefty fine to pay when I got back home. And just say I hook a shark with that set up and he sees me bring it to the beach and release it or a ,how can I put this nicely, a non educated vacationer calls the law and reports it, and it is the vacationers word against mine and he checks my set up and bait. Who's favor would that fall under. Mine or a fine. Just trying to stay legal and respect the state of Alabama and not allow a simple misunderstanding shed negative light on fishing for the locals.

As far as I know it's only illegal to beach one inside the state park. The law states you can't chum anywhere near shore ( I forget the specific distance) and something to the effect of you can't create a dangerous situation to other people around you. That being said if you are on a crowded beach shark fishing you're asking for trouble. Just go at night or to Ft Morgan. Or better yet to Ft Morgan at night and nobody will bother you.

Der's ghosts at nite in der!

It is indeed specifically illegal to land a shark from the pier or beach in the Alabama Gulf state park...
http://www.alapark.com/sites/alapark...lesandregs.pdf

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(f) It shall be unlawful to fish for sharks or use any type of shark fishing gear on any Gulf State Park Public Beach or on the Gulf State Park Saltwater Fishing Pier. It shall be unlawful to land or to attempt to land any shark on any line originally cast from said State Park Pier or Beach.

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"any Gulf State Park Public Beach" would (I assume) include beside the main park around the GSPPier and Pavilion, the parks at Romar, Cotton Bayou and Alabama Point West or East.

But it seems that regulation is erroneously extended to include Gulf Shores and Orange Beach because of the vagaries of the state statute concerning shark fishing adopted about 10 years ago...
http://www.alabamaadministrativecode...con_/220-3.pdf

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220-3-.77 Shark Fishing.(1) It shall be unlawful within three hundred feet ofthe shoreline, or on a public pier, or on a private pier where anunsafe condition is created, on or in the waters of Alabama underthe jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42, to fish for or target sharks of any species bythose methods commonly known as “chumming” or “bloodbaiting”.(a) For purposes of this regulation, “chumming” shallbe defined as the throwing of bait or fish parts into the waterto attract fish(b) For purposes of this regulation, “bloodbaiting”shall be defined as the use of blood, chemical or syntheticattractants, fish parts, chicken parts or other animal parts toattract fish or sharks.(2) It shall be unlawful, on or adjacent to the watersof Alabama under the jurisdiction of the Marine ResourcesDivision as provided by Rule 220-2-.42, for any person to surffish for sharks, bow fish for sharks or fish for or target sharksby any other means from any pier or beach in such a manner thatpresents an unsafe condition to any beach goers, sun bathers,swimmers, or any other person.Author: M. Barnett LawleyStatutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8,9-2-12.History: New Rule: Filed July 25, 2008; effectiveAugust 29, 2008.PENALTY: As provided by law.

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That fine (listed @ http://judicial.alabama.gov/library/...ja20_appxb.pdf) is:

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220-3-.77 Blood baiting for sharks $50

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The key to enforcement seems to be the phrase:

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...in such a manner that presents an unsafe condition to any beach goers, sun bathers,swimmers, or any other person.

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That is pretty broad.

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Originally Posted by Surfman75935

Have read on this forum that it is illegal to fish for sharks on any beach in Gulf Shores or Orange Beach. Here is the question I have. What is defined as shark fishing. If I have my 2 6000's spinning reels out say with a whiting head or cut ladyfish with a #5 circle hook. And mr enforcer of the law walks up. Is that defined as shark fishing and I get ticketed, or is it just his judgement to make that call wether I'm legal or illegal. Just want to stay within the rules while I'm down. Would hate to have a hefty fine to pay when I got back home. And just say I hook a shark with that set up and he sees me bring it to the beach and release it or a ,how can I put this nicely, a non educated vacationer calls the law and reports it, and it is the vacationers word against mine and he checks my set up and bait. Who's favor would that fall under. Mine or a fine. Just trying to stay legal and respect the state of Alabama and not allow a simple misunderstanding shed negative light on fishing for the locals.

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It would seem IF you are fishing with a 6 foot steel leader you are shark fishing (i.e. "targeting sharks").
But a 3 or 4 foot heavy monofilament leader is another matter (Me? NO SIR, I'm fishing for bull reds ;-)
IF you are practicing C&R or CPR, mono and circle hooks would facilitate release of any "incidental" shark hookups.
IMHO the gear an angler is using would go a long way to sway any 'shark police' what your intent was.

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Originally Posted by Drownin' Bait

As far as I know it's only illegal to beach one inside the state park. The law states you can't chum anywhere near shore ( I forget the specific distance) and something to the effect of you can't create a dangerous situation to other people around you. That being said if you are on a crowded beach shark fishing you're asking for trouble. Just go at night or to Ft Morgan. Or better yet to Ft Morgan at night and nobody will bother you.

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Actually, even FISHING on a crowded beach can cause an issue.
Read some of the misinformed 'anti-fishing' comments generated recently from this photo...
https://www.facebook.com/photo.php?f...type=3&theater

http://www.gulfshorespierfishing.com...tid=6084&stc=1

And lastly, the beach at Fort Morgan (park) is closed at night now :-(
Trying to fish Fort Morgan Point at night could garner a hefty FEDERAL fine!
It is OK during the day and might be OK at the 'no name road' just east of the park entrance, or from one of the public beach access locations farther east on the peninsula though.

I wish I was a well protected by the law as well as these blasted sharks are!

So, pretty much it's a gamble to use cut bait on a beach. I don't want to target sharks, could care less bout hooking one. But a bull red would be nice. And in the photo pier shared the guys rig isn't even in the water. That's ridiculous.

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Originally Posted by Haywire

I wish I was as well protected by the law as well as these blasted sharks are!

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Actually you are doubly assured that under Amendment 597 of the Alabama State Constitution aka The Sportspersons Bill of Rights approved by about 80% of voters in 2014 (Amendment 5)...
AMENDMENT 597 RATIFIED :: Alabama Constitution :: Alabama Law :: US Law :: Justia

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The people have a right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to reasonable regulations, to promote wildlife conservation and management, and to preserve the future of hunting and fishing. Hunting by the public and fishing by the public shall be the preferred means of managing and controlling wildlife. This amendment shall not be construed to modify any provision of law relating to eminent domain, trespass, or property rights."(b) This amendment shall be known as the "Sportsperson's Bill of Rights.""[5]

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The term

"subject to reasonable regulations"

seems fundamental in this discussion however.

As is the FACT of coastal shark recovery...
https://www.nefsc.noaa.gov/press_rel...cispot/ss1509/

The time has done come for the state of Alabama to relax its draconian regulations governing the harvest of these (too) numerous coastal species!

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Originally Posted by Surfman75935

So, pretty much it's a gamble to use cut bait on a beach. I don't want to target sharks, could care less bout hooking one. But a bull red would be nice. And in the photo pier shared the guys rig isn't even in the water. That's ridiculous.

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At times it may be a 'gamble', but unless you are throwing fish pieces out in the water (chumming) or targeting sharks with tackle heavy enough to subdue them then incidentally hooking one is usually not going to be an issue as you will either get bit off, tailed or the line stripped off.

The key to legally surf fishing is to do it during a time and in such a manner that it does NOT "present an unsafe condition to any beach goers, sun bathers,swimmers, or any other person."

And on the subject of non educated beach goers. We went down to Bolivar Pennesula last year for a week. Bolivar is 27 miles of public accessible beach. Our beach house was beach front so every morning I would get up early and fish and just leave my truck on the beach all day because we were on and off the beach. Everybody seemed to be fishing cause the bulls and speaks were everywhere in the surf. 3rd evening maybe 30 minutes before dark a car literally blocks me in they park so close to me. Mind you there 27 miles of beach. I have 2 lines out and in sand spikes and have a light rig I'm casting. The family gets out pops the trunk and throws fire wood out, gets coolers, chairs etc. aggravated was a understatement from me but I just kept fishing. Hook a red, lady runs over with a camera snaps a pic and goes back to there little party. I release red and grab another whiting head and run circle hook through it. And mind you there kids are all under my lines swimming the lady runs back over and ask why the "blank blank blank BLANK, would I use a bait like that with people swimming. Taken by surprise and my wife in the back ground telling me to be nice. I nicely told her what I was catching and that is was working. So with a few more vulgar words she tells me how stupid it is to attract sharks from the deep blue ocean to come and attack her kids and that as a parent I had failed because my kids were in the water. That I needed help and to be taught a lesson. So not so nicely I told her that there is 27 more miles of beach and where she could go. So come to find out they are from Ohio. Needless to say the next day, Mr. game warden was on the beach checking everyone. So I suppose she called in and said fisherman were gonna get people killed. But warden knew what was going on. I told him about the situation I had. He said I handled it better than most. Just wish people were more educated when they tried to ruin a good thing.

Thanks Pier. I plan on fishin sun up till the beach goers fill it up. And then after they are off the beach a little before dark and maybe a little at night. I'm just trying to get it right while I'm down.

Good advice and attitude Surfman!
I try to stay away from high density locations when targeting pompano or even casting plugs & jigs too.

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Originally Posted by Surfman75935

Thanks Pier. I plan on fishin sun up till the beach goers fill it up. And then after they are off the beach a little before dark and maybe a little at night. I'm just trying to get it right while I'm down.

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That's my approach too and so far has always worked fine for me in Alabama. There have been a few times where the bite starts cranking up at 9-10 when I'm about to pack it in, usually with fishing moving down the coast, so depending on time of year that starts overlapping with the sunbathers. The place I usually stay has a nice stretch of undeveloped beach between condos and houses down on the peninsula, so I usually head that way and have some distance anyhow, but if the bathers get close I usually just figure it's their turn so I head west a little and put some distance there.

It does piss me off a little since I'm the one who was up before dawn while they were still sleeping it off in the bed, but I'm there to enjoy myself, and, in the end, it ain't my beach.

However, if I'm hooking big reds or the pomps are swarming, all bets are off and they can kiss my ass til the fish quit biting.

Yea. Just ridiculous to have to give up and turn in if the fish are biting to sun bathers but like said not our beach. But the week I'm there I'll try to keep fisherman a good name.