CHAPTER 138

RELATING TO FISH IN WATERS OTHER THAN DELAWARE RIVER AND BAY

AN ACT TO AMEND CHAPTER 11, TITLE 7, DELAWARE CODE OF 1953 RELATING TO FISH IN WATERS OTHER THAN DELAWARE RIVER AND DELAWARE BAYS PROHIBITED FISHING DEVICES AND SUBSTANCES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 1111, Chapter 11, Title 7, Delaware Code of 1953 is amended by adding at the end thereof a new paragraph to read as follows:

Nothing in this Section shall prohibit the Board of Game and Fish Commissioners and its authorized agents from employing fish suffocants, shockers and similar devices and materials for fish management and scientific purposes; provided written consent is obtained from owners of privately owned waters, or in the event such owners cannot be located, after a reasonable search, then only after notice thereof is published at least two times in a newspaper of general circulation in the County where the waters are located and a period of thirty (30) days has expired since the first publication of such notice, and not even then if the owners are located and object.

Approved June 18, 1953.