CHAPTER 197 - RELATIVE TO LICENSE FEES FOR BOATS CARRYING FISHING PARTIES FOR HIRE AND ESTABLISHING OFFICE OF BOAT INSPECTOR.

AN ACT TO AMEND CHAPTER 74 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO FISH, OYSTERS AND GAME, BY CHANGING THE LICENSE FEES FOR BOATS CARRYING FISHING PARTIES FOR HIRE, AND ESTABLISHING A BOAT INSPECTOR TO INSPECT SAID BOATS.

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

Section 1. That 2884. Sec. 83 of Article 1, Chapter 74 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out all of said section and inserting in lieu thereof the following:

2884. Sec. 83. Carrying Fishing Parties For Hire; Business License For Resident; License For Non-Resident Masters; Penalty For Violations; Boat Inspector; Duties and Compensation:—It shall be unlawful for any person, firm or corporation to engage in the business of carrying fishing parties or crabbing parties, for hire, in any boat or boats for the purpose of fishing or crabbing in the waters of the Delaware River, Delaware Bay, and that part of the Atlantic Ocean under the jurisdiction of the State of Delaware, or in any bays, lakes, rivers, ponds or other inland waters in the State of Delaware, without first obtaining an annual license for each boat used in said business from the State Tax Department of the State of Delaware, and shall pay the following license fees therefor, to-wit:

The sum of One Dollar for all boats propelled by oars or outboard motors.

The sum of Two Dollars for each power boat not in excess of eighteen feet.

The sum of Eight Dollars for boats over eighteen feet and not in excess of thirty-five feet in length.

The sum of Ten Dollars for boats above thirty-five feet in length, or for boats of fifteen tons and upwards gross tonnage.

The Boat Inspector as hereinafter provided for shall issue a certificate or license to power boats and tags to boats operated exclusively by oars, which certificates and tags shall be carried on the boat for which such certificate or tags are applicable at all times when said boat is in operation.

Such licenses shall expire on the thirty-first day of December of the year issued.

All funds arising from the sale of the aforesaid licenses and from fines imposed for any violations of the provisions of this section shall be deposited by the said State Tax Department into the General Fund of the State of Delaware.

Any person, firm or corporation violating any of the provisions of this Section, shall upon conviction thereof, be fined not less than Fifty Dollars nor more than Five Hundred Dollars and costs of prosecution. Provided, that, for the violation of any of the provisions of this Section by a non-resident of this State, the minimum fine shall be One Hundred Dollars. If any person shall fail to pay any fine or costs imposed under the provisions of this Section, such person shall be committed to the jail of the County where such conviction is had, for a period not exceeding ninety days, or until such fine and costs are paid. All prosecutions for violations of any of the provisions of this Section hall be in accordance with the provisions of Section 53 of this Chapter.

It shall be unlawful for any non-resident to act or serve as master of any boat or boats engaged in the business of carrying fishing parties, for hire, from the shores of this State for the purpose of fishing in the waters of the Delaware River and Bay, without first obtaining an annual license therefor from the State Tax Department of the State of Delaware. The fee for the license required under this Section shall be One Hundred Dollars, and such license shall expire on the thirty-first day of December of the year issued.

Any person violating the provisions of this Section shall upon conviction thereof forfeit and pay a fine of not less than Fifty Dollars nor more than Two Hundred Dollars, together with costs of prosectuion.* If any person fails to pay any fine or costs imposed under the provisions of this Section, such person shall be committed to the jail of the County where such conviction is had for a period not exceeding ninety days, or until such fine and costs are paid. All prosecutions for violations of any of the provisions of this Section shall be in accordance with the provisions of Section 53 of this Chapter, and of the next preceding paragraph.

*So enrolled.

The Governor of the State of Delaware shall appoint a Boat Inspector who shall hold office for four years next following his appointment, or until his successor is duly appointed and qualified. It shall be the duty of the Boat Inspector to inspect all boats of any type or size used for carrying fishing parties or crabbing parties for hire in the waters of the Delaware Bay, the Delaware River, and that part of the Atlantic Ocean under the jurisdiction of the State of Delaware, or in any bays, lakes, rivers, ponds or other inland waters within the State of Delaware. It shall also be the duty of the Boat Inspector to make regular inspection during the fishing season and to carefully check the condition of all boats used for carrying fishing parties for hire as aforesaid.

The Boat Inspector shall have the power to revoke the license of any boat found at any time to be unseaworthy, improperly equipped, or otherwise unsafe to be used for carrying persons for hire on the waters where such boat is used.

No person shall be appointed for Boat Inspector who does not have thorough knowledge of boats, boat construction and marine engines commonly used in fishing boats for hire.

Any Boat Inspector may be removed for just cause by the Governor at any time during the term of his appointment. The Inspector shall receive an annual compensation of One Thousand Dollars per annum to be paid monthly by the Treasurer of the State of Delaware from funds in the General Fund not otherwise appropriated. There is hereby appropriated annually from the Treasury of the State of Delaware to be paid out of the General Fund out of moneys not otherwise appropriated, the sum of Five Hundred Dollars, to be used by the said Boat Inspector as a contingent fund from which all expenses of the said Boat Inspector in the performance of his duties shall be paid.

Approved May 8, 1941.