CHAPTER 271

FISH, OYSTERS AND GAME

OYSTERS

AN ACT TO AMEND CHAPTER 151 OF VOLUME 44, LAWS OF DELAWARE, 1943, AS AMENDED, BY FIXING A MINIMUM SIZE FOR OYSTERS CAUGHT FROM THE WATERS OF BROADKILN RIVER, SUSSEX COUNTY AND STATE OF DELAWARE, BY PROVIDING TAXES TO BE LEVIED UPON ALL OYSTERS CAUGHT FROM THE WATERS OF SAID RIVER, BY PROVIDING THAT A PORTION OF THE TAX MONIES DERIVED FROM OYSTERS SHALL BE HELD IN TRUST TO BE USED FOR RE-STOCKING SAID RIVER, BY PROVIDING THAT ALL PERSONS CATCHING EITHER OYSTERS OR CLAMS SHALL REQUIRE LICENSES, AND BY MAKING IT UNLAWFUL TO LEASE OYSTER GROUNDS ANYWHERE EXCEPT IN CERTAIN NAMED WATERS.

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

Section 1. That Chapter 151, Vol. 44, Laws of Delaware, 1943, as amended, be, and the same is hereby, further amended by adding a new section to be known as Sec. 12B, as follows:

"Sec. 12B. On or after the passage of this Act, it shall be unlawful for any person or persons to take or catch for market, or to buy or sell, any oysters less than three inches in length from the waters of Broadkill River, Sussex County, Delaware.

Section 2. That Chapter 151, Vol. 44, Laws of Delaware, 1943, as amended, be, and the same is hereby further amended by adding two sentences at the end of the first sentence of Section 7, as follows:

"Provided, that, on and after the passage of this Act, the State of Delaware, through the Collector of Oyster Revenue, shall collect a tax of fifteen (15) cents per bushel on all oysters taken from the waters of Broadkiln River, Sussex County, State of Delaware, of which sum the person, firm or corporation catching the oysters shall pay ten (10) cents, and the buyer of the oysters shall pay five (5) cents; and in the event any person catches the said oysters and does not sell them within the State of Delaware, he shall pay the entire tax of fifteen (15) cents.

All fees or charges under the provisions of this Act shall be remitted to the State Treasurer, who shall place monies so collected in the General Fund of the State of Delaware, subject to withdrawal in accordance with the provisions hereof."

Section 3. That Chapter 151, Vol. 44, Laws of Delaware, 1943, as amended, be, and the same is hereby, further amended by adding a new section thereto to be known as Sec. 12D, as follows:

"Sec. 12D. On and after the passage of this Act, three-fourths of the oyster taxes collected from the removal of oysters from Broadkiln River, above provided for, shall be labelled and used as a trust fund to be used for the purpose of re-stocking the oyster beds of said Broadkiln River. When the said money shall have been spent for oysters as herein provided for a period of five (5) years, thereafter only one-half of that amount shall be spent for re-stocking."

Section 4. That Chapter 151, Vol. 44, Laws of Delaware, 1943, as amended, be, and the same is hereby further amended by adding a new section thereto to be known as Sec. 12F, as follows:

"Sec. 12F. No lease of any oyster bottom can be issued except in Delaware Bay, Indian River Bay, or Rehoboth Bay. No creeks, rivers, canals or waters other than the three bodies of water above named shall be subject to lease by any public body or agency for oyster purposes."

Approved June 15, 1949.