CHAPTER 146

AN ACT TO AMEND CHAPTER 9, TITLE 7, DELAWARE CODE, PERMITTING THE USE OF SPEARGUNS AND SPEARS FOR FISHING IN THE DELAWARE RIVER AND BAY.

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

Section 1. Section 905, Chapter 9, Title 7, Delaware Code, is amended to read as follows:

§ 905. Game fish; catching devices; violation and penalty

No person shall catch or fish for any game fish in any part of the Delaware River and Bay lying between the States of New Jersey and Delaware with any device, method or means, except by use of the following devices, methods or means:

(a) Rods and lines or hand lines, commonly called dipsey or throw-lines, each having not more than three hooks; or with trolling lines with spoon or artificial bait, having not more than one burr of three single hooks attached. The number of rods and lines or the number of trolling-lines shall not exceed two of one or the other device named, and the lines shall be under the direct and immediate supervision of the person fishing therewith.

(b) Spearguns and spears, including any type of device used to propel or lance underwater.

Whoever violates any of the provisions of this section shall be fined Twenty Dollars ($20.00).

Section 2. Section 906, Chapter 9, Title 7, Delaware Code, is amended to read as follows:

§ 906. Fishing with net, hook or line, speargun and spear; regulation of nets

Any person may catch and take from the waters of the Delaware River or Bay, between high and low water mark, any fish of any character, except shell fish, with any net, hook and line, speargun and spear or other appliances. The meshes of any net shall not be less than two inches long stretched measure. Nothing in this section shall apply to nets used for catching eels.

Section 3. Section 908, Chapter 9, Title 7, Delaware Code, is amended by striking the period at the end of the first paragraph and inserting in lieu thereof the following:

", or a speargun and spear."

Section 4. Section 917, Chapter 9, Title 7, Delaware Code, is amended by inserting the words "or speargun and spear" after the comma following the words "hand line" where they appear in the first paragraph thereof.

Section 5. Section 933, Chapter 9, Title 7, Delaware Code, is amended by striking the period at the end of the third paragraph and inserting in lieu thereof the following:

"except by hook and line or speargun and spear."

Section 6. Chapter 9, Title 7, Delaware Code, is amended by adding thereto a new section to read as follows:

§ 918. Use of spearguns and spears

Wherever fishing is permitted by use of spearguns and spears under this chapter, said use shall be limited to areas of the Delaware Bay and Delaware River only as far north as Liston Point.

Approved June 17, 1969.