CHAPTER 265

FISHING IN DELAWARE RIVER AND BAY

AN ACT TO AMEND CHAPTER 9, TITLE 7, DELAWARE CODE, ENTITLED "FISHING IN DELAWARE RIVER AND DELAWARE BAY."

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein):

Section 1. § 917, Title 7, Delaware Code, is amended to read as follows:

§ 917. Taking of food fish from Delaware Bay by non-residents or aliens; violations and penalty

No non-resident of the State of Delaware, nor any alien, shall at any time take or attempt to take edible or food fish of any kind by means of any net of any character or any device or contrivance whatsoever, except with rod, hook and line or hand line, from the waters of the Delaware Bay within the jurisdiction of the State of Delaware.

The possession of such prohibited net or device by any non-resident or alien on or near such waters shall create a presumption of violation of this section.

For the purposes of this section all unnaturalized foreign-born residents of this State shall be classed as non-residents of this State, and any person, not an alien, who has resided not less than twelve months within this State, shall be deemed to be a resident of this State.

Whoever violates any of the provisions of this section, shall be fined not less than $100.00 nor more than $500.00, and costs, and shall forfeit all nets, boats and other appliances used or possessed. If any person fails to pay any fine and costs imposed under the provisions of this section such person shall be imprisoned not more than 90 days or until such fine and costs are paid.

Section 2. § 1116, Title 7, Delaware Code, is amended to read as follows:

§ 1116. Taking of food fish from certain waters with nets by non-residents or aliens; violations and penalty

No non-resident of the State of Delaware, nor any alien, shall at any time take or attempt to take edible or food fish of any kind by means of any net of any character from the waters of Indian River Bay, Indian River, Assawoman Bay or Rehoboth Bay or any tributaries of such waters within the jurisdiction of the State of Delaware.

For the purposes of this section all unnaturalized foreign-born residents of this State shall be classed as non-residents of this State, and any person not an alien who has resided not less than twelve months within this State, shall be deemed to be a resident of this State.

Whoever violates any of the provisions of this section, shall be fined not less than $100.00 nor more than $500.00, and costs, and shall forfeit all nets, boats and other appliances used or possessed. If any person fails to pay any fine and costs imposed under the provisions of this section such person shall be imprisoned not more than 90 days or until such fine and costs are paid.

Approved July 22, 1957.