Controversy : A Shark Tank in the Backyard

Mark Nalley has sharks in his backyard and the City of Orange says it may have to go fishing for them, a possible expedition instigated by a fearful but anonymous neighbor.

Nalley, 30, built an $80,000, 20,000-gallon saltwater aquarium last year to house eight sharks and 250 tropical fish. Before building the 30-by-20-foot tank, Nalley notified the city and pointed out that keeping sharks is allowed under the city code.

“Mr. Nalley was very up front about it. He wanted to make sure he was complying with the law before he built his pool,” City Atty. Furman Roberts conceded.

And there was no problem with the seven-foot deep tank until a neighbor complained earlier this year, Roberts said.

The city has a 16-year-old ordinance that bans “wild animals” within the city limits. Wild animals are classified as “any animal, reptile, fowl or fish which is not tame or gentle as found in nature or disposition or which is known to be vicious.” But the only fish listed as wild are piranha and walking catfish.

“We just forgot about sharks,” Roberts said.

The city is required to respond to all complaints, and so Nalley’s sharks are on the City Council’s Aug. 11 agenda.

“It is unfortunate,” said Nalley, owner of a local firm that makes physical fitness equipment. “But the only press that sharks get is bad press, and you can blame ‘Jaws’ for that. You don’t realize how beautiful these sharks are until you get into the water with them.”

His sharks include four black tips from the Philippines and Hawaii, one white tip from Hawaii and two leopards and one lemon, which are found in Southern California waters. They range in length from six inches to about three feet.

Nalley’s outdoor aquarium is set into a slope and surrounded by white boulders. His yard is surrounded by a wooden fence.

According to Assistant City Atty. Gene Minshew, council members can classify sharks as wild animals and force Nalley to get rid of his; let Nalley keep his sharks; accept assurances from Nalley that necessary safeguards have been taken to prevent children from falling into the pool; or instruct the city attorney to proceed against Nalley on grounds that the sharks represent a public nuisance.

Orange City Councilman Fred Barrera said he knows very little about sharks. “Sharks scare you. I understand that some sharks are safe and some are not. I feel that we ought to get some expert’s advice on it. If they are identified as a friendly species, the council may look at it favorably.”

Councilman Don Smith agreed: “If they can prove through a marine biologist that they are not dangerous, maybe we should just let it go.”

Roberts did not identify the neighbor who lodged the complaint, but several other neighbors said the sharks posed no threat to them.

“Personally, I like it--I enjoy fish,” said Robert Swenson, who lives across the street from Nalley. “To me, they’re not a threat at all. They can do with their property whatever they want.”