CHAPTER 205 - OYSTERS

AN ACT RELATIVE TO THE TAKING OF OYSTERS FROM THE RIVERS AND CREEKS TRIBUTARY TO THE DELAWARE RIVER AND BAY.

Be it enacted by the Senate and House of Representatives of the State of Delaware In General Assembly met:

Section 1. That from and after the approval of this Act, it shall be lawful for any bona fide resident of the State of Delaware to catch and take oysters by means of tongs, not in excess of fifteen (15) bushels for each day from any of the rivers and creeks tributary to the Delaware River and Bay. Said oysters shall be removed only during the months of April and May of each year, all other months of the calendar year shall be termed as a closed season on said rivers and creeks. Said oysters may be removed through the mouth of said creeks; provided that not more than 55 of the gross load shall consist of shells.

All oysters so removed shall be transplanted in areas approved by the State Board of Health for transplanting purposes and shall remain for such time as shall be approved by the State Board of Health.

Section 2. Said tongers shall pay to the oyster revenue collector a fee of Five Dollars ($5.00) per man each year for said privilege. All money derived from the sale of said licenses shall be used to defray the expenses of patroling said creeks and rivers.

Section 3. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be compelled to pay a fine of Fifteen Dollars ($15.00) for the first offense and Fifty Dollars ($50.00) for every additional offense. Upon a third conviction, in addition to the penalty above provided, it shall be the duty of the Collector of Oyster Revenue upon proper certification of the same to revoke the license of the convicted person for a period of one year from the date of said third conviction.

Section 4. All Acts or parts of Acts inconsistent with this Act are hereby repealed.

Approved April 18, 1935.