CHAPTER 141

FISH, OYSTERS AND GAME

ROCKFISH

AN ACT TO AMEND CHAPTER 74 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, WITH REFERENCE TO THE TAKING, POSSESSION AND SALE OF ROCKFISH.

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

Section 1. That Chapter 74 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by adding immediately after 3041. Sec. 240. of said Chapter a new section to be designated as 3041A. Sec. 240A. as follows:

3041A. Sec. 240A. TAKING AND POSSESSION OF ROCKFISH; SALE OR TRANSPORTATION OF ROCKFISH; PENALTIES:--No person, firm or corporation shall take, catch, kill or have in possession at any time any striped bass measuring less than 12 inches in length, measured from the tip of snout to fork of tail.

No person, firm or corporation shall sell, possess for sale or offer for sale, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport or cause to be transported, carry or cause to be carried by any means whatever for the purpose of sale, or barter, the carcass or any portion thereof of any rockfish or striped bass less than 12 inches in length, measured from tip of snout to fork of tail; provided, however, that this act shall not apply to striped bass or rockfish, packed and in transportation in unbroken packages and coming from any other state or country, but such packages shall be clearly marked by stencil, tag, or otherwise, showing the true origin of the shipment and its destination beyond the limits of the State of Delaware.

Any person, firm or corporation violating the provisions of Paragraphs 1 and 2 of this section shall be liable to a fine of ten dollars ($10.00) for each fish so unlawfully taken, caught, killed, possessed or sold, and upon failure to pay the penalty so imposed, be committed to the jail of the county in which the conviction was secured, for a period not exceeding thirty (30) days or until the costs and fine are paid.

Approved May 23, 1949.