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Saturday, August 25, 2001

Sharks keep surf off limits

By MARK I. JOHNSON | News-Journal Staff Writer

NEW SMYRNA BEACH — There will be no surfing or swimming near the south side of Ponce de Leon Inlet this weekend because of concerns about sharks patrolling the shoreline.

The moratorium was extended and the span of beach it covers expanded Friday after county officials spotted large schools of the potentially dangerous predators between the Beachway Avenue beach approach and the south jetty.

Beach Patrol Capt. Rob Horster said early-morning helicopter surveys pinpointed two large concentrations of sharks, one of which had between 30 and 50 individuals. That sighting prompted the officers to expand the prohibited area from a half- mile to a full mile down the beach. It had previously stretched from the jetty to the Inlet Condominium.

The continuing moratorium on swimming and surfing comes in the wake of seven surfers being bit by sharks in that region since last Saturday. An eighth bite, reported in Wilbur-by-the-Sea on Sunday, is the only incident reported recently outside the zone south of the inlet.

The closed area is a popular surfing location, which could create conflicts as wave riders try to catch the swells. Horster said surfers traditionally ignore warnings of sharks in the water, but no action has been taken against them. That may not be the case this weekend, he said, because extra officers will be patrolling the moratorium zone. Officials have said violators could be subject to arrest if they ignore orders to leave the water.

Horster said county ordinances give the Beach Patrol authority to close any portion of the beach or water if it feels there is a safety hazard. A violation of the regulation is considered a misdemeanor.

Volusia County officials contacted Friday stressed that the decision to keep the water there off- limits was made by the Beach Patrol and not county government.

County Risk Management Manger Frank Catapano and County Attorney Dan Eckert said they were not consulted nor should they have been.

"It was a decision from the field," said Eckert. "We don't have any superior knowledge of sharks in the area. The people surfing there are probably more knowledgeable about sharks than we are."

Catapano added that even if there is a problem, the county cannot be held accountable for a shark attack.

"It is a natural thing," he said. "The county can't control that."

The courts have agreed in the past.

In 1981, an Illinois man sued the county after he lost a leg to a shark bite, saying lifeguards failed to provide adequate protection from the creatures. However, the jury found the county was not negligent.

Horster's counterpart, Capt. Dave Williams, said he does not anticipate any problems this weekend.

He said with all the media coverage, the public realizes the reasoning behind the closure and will respect it because it "increases the chance of everyone being safe and not getting bit."

"We have been trying to educate the people," Williams said. "And we are expecting them to cooperate with us."

Not everyone is as optimistic.

Beach concessionaire Jim Kirkendoll predicted a "lot of upset surfers" if Beach Patrol officers prevent them from entering the water.

"They are going to have a riot on their hands," he said.

Kirkendoll isn't thrilled with the closure, either. He said since the swimming and surfing moratorium was put in place Thursday, his business has suffered.

"Yesterday all I made all day was $30," he said Friday. "That is just enough to break even."

The closure also was not good news for Flagler Avenue surf shops.

Aubrey Jarvis, assistant manager for Quiet Flight, said she anticipates a drop in business.

"Most of the people who come over from Orlando come to surf and swim," she said. "It will hurt."

But New Smyrna Beach hotel and condominium managers said they haven't seen a drop in reservations because of the shark bites.

A group that could be out in force over the weekend, according to Williams, may be anglers.

In recent days, he said there have been a growing number of them along the shore, some of whom have been targeting sharks in violation of county ordinances. The county prohibits fishing for sharks within 600 feet of shore as well as baiting or chumming for them. He said officers have had to warn those individuals to pack up their rods or face citations.

While the inlet area is closed to water activities, Beach Patrol officers stressed that still leaves several miles of sand and water available for beach lovers.

However, they said, if sharks are spotted in those waters, they also will be closed at least for a short time to give the creatures time to leave.

Staff Writer Derek Catron contributed to this report.

HICI Special Report — Sharks: Dangerous? Endangered?

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