CHAPTER 396

RELATING TO CATCHING OF OYSTERS

AN ACT TO AMEND TITLE 7, DELAWARE CODE OF 1953, RELATING TO "CONSERVATION" BY LIMITING THE AMOUNT OF OYSTERS TAKEN FROM TRIBUTARIES OF DELAWARE BAY AND REQUIRING THE USE OF A BOARD FOR CULLING.

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

Section 1. § 2304, Title 7, Delaware Code of 1953, is amended by striking out all of § 2304 and substituting the following:

§ 2304. Oysters taken from tributaries of Delaware Bay; culling, method; legal size; violation and penalty; jurisdiction

Plant and seed oysters caught in any river, creek or pond (excepting Broadkill River or its tributaries) tributary to the Delaware Bay, shall be culled on a board and those not useable shall be thrown back and shells returned at the place where they are caught. Each person shall be permitted to catch or take twenty-five (25) bushels per day but no more from said rivers, creeks or ponds (excepting Broadkill River or its tributaries).

Any person entitled to catch or take oysters under the provisions of Part 2 of this Title, relating to Broadkill River and its tributaries, is prohibited from taking oysters from Broadkill River or its tributaries, less than three inches in length.

Whoever violates the provisions of this section shall be fined twenty-five dollars ($25.00) for each violation, to be paid to the Collector, to be by him accounted for as a part of the Oyster Revenue of the State.

Approved July 15, 1953.