CHAPTER 152

OYSTERS

CATCHING AND TAKING OYSTERS FROM BROADKILL RIVER AND ITS TRIBUTARIES REGULATED

AN ACT REGULATING THE CATCHING AND TAKING OF OYSTERS FROM BROADKILL RIVER AND ITS TRIBUTARIES BY REGULATING THE SIZE AND AMOUNT OF OYSTERS TAKEN, AND FIXING A TAX ON THE AMOUNT CAUGHT.

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

Section 1. From and after the passage and approval of this Act, it shall be unlawful to catch or take any oysters by dredges, tongs or otherwise from Broadkill River or its tributaries which are less than two and one-half inches (21/2") in length. All oysters caught or taken from said river or its tributaries, shall be culled in the stream of water of at least two (2) feet deep at mean low water.

Section 2. No boat shall take or catch more than twenty-five (25) bushel of oysters from said Broadkill River or its tributaries in any one day provided that there shall be an allowance of twenty percent (20%) of the total catch made for waste.

Section 3. Any person or persons who shall catch or take any oysters from said Broadkill River or its tributaries, shall pay to the collector of Oyster Revenue the sum of two cents ($.02) per bushel, and if the said oysters are sold, then an additional tax of three cents ($.03) per bushel should be paid by the purchaser to whom the oysters are sold.

Section 4. It shall be unlawful to take or catch any oysters commonly known as plants from the said Broadkill River or its tributaries.

Section 5. No oysters shall be taken or caught from the said Broadkill River or its tributaries, except during the period from October 1, to the following March 31, both dates inclusive.

Section 6. Any person or persons convicted of violating any provisions of this Act shall, upon conviction thereof, be fined not less than twenty-five dollars ($25.00), nor more than fifty dollars ($50.00), or imprisoned not less than five (5) days, nor more than twenty (20) days, or be both fined and imprisoned at the discretion of the court.

Approved March 10, 1943.