CHAPTER 251

PROVIDING FOR PROTECTION OF OYSTER BEDS

AN ACT TO CORRECT AN ERROR IN THE DELAWARE CODE OF 1953 BY AMENDING TITLE 7, DELAWARE CODE OF 1953 TO PROVIDE FOR THE PROTECTION OF OYSTER BEDS IN THE BROADKILN RIVER AND THE MISPILLION RIVER.

WHEREAS, Section 2951, Revised Code of Delaware, 1935, was omitted from the Delaware Code of 1953 by error, and

WHEREAS, it was not the intention of the General Assembly that such section be repealed, NOW, THEREFORE,

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

Section 1. Subchapter III, Chapter 33, Title 7, Delaware Code of 1953, is amended by adding the following new section:

§ 2348. Watchboats for Broadkiln and Mispillion Rivers; wardens in charge; appointment and salary; penalty for violation

(a) For the purpose of protecting the oyster beds in the Broadkiln River and the Mispillion River, and those who have planted, or may hereafter plant, oysters therein, the Collector of the Oyster Revenue shall keep and maintain upon each of the Rivers a suitable watchboat, upon each of which shall be placed a Warden and any other persons necessary, in his judgment, to enforce the laws relating to oysters.

(b) The Wardens and other employees on the watchboats shall be appointed by the Governor, to serve at his pleasure. The Warden employed on the watchboat patrolling the Broadkiln River shall be a resident of the Tenth representative District in Sussex County. The warden employed on the watchboat patrolling the Mispillion River shall be a resident of Cedar Creek Hundred in Sussex County. The Wardens and other employees shall be paid a salary commensurate with their duties by the State Treasurer upon proper voucher signed by the Collector of the Oyster Revenue.

(c) The watchboats shall be employed at all times in the protection of the natural oyster beds in the Rivers and any other oyster plantations and shall cruise at all times, when the weather will allow, over the oyster beds and plantations for their protection and for the purpose of enforcing the laws of this State.

(d) Whoever violates the provisions of this section shall be fined Fifteen Dollars ($15.00) for the first offense and Fifty Dollars ($50.00) for each additional offense. Upon a third conviction, in addition to the penalty above provided, it shall be the duty of the Collector of Oyster Revenue upon proper certification of the same to revoke the license of the convicted person for a period of one year.

Approved July 1, 1953.