CHAPTER 587

AN ACT TO AMEND SECTION 2303 AND SECTION 2304, CHAPTER 23, TITLE 7, DELAWARE CODE, RELATING TO THE SALE, POSSESSION OR USE OF HARD SHELL, SOFT SHELL AND PEELER CRABS TAKEN FROM CERTAIN WATERS OF THIS STATE.

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

Section 1. Section 2303, Chapter 23, Title 7, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section to read as follows:

§ 2303. Limitation on sale, possession or use of hard shell crabs taken from certain waters

(a) No person at any time shall catch or take for commercial purposes any hard shell crabs from any waters of the rivers and bays of this State and the tributaries thereof nor sell, offer for sale or buy any hard shell crabs taken from said waters, except the Delaware River, the Delaware Bay and the waters commonly known as Big Assawoman Bay. The use of more than two (2) crab pots by any individuals or his agents shall constitute prima facie evidence of commercial intent.

(b) No person shall at any time have in his possession more than one bushel of hard shell crabs, other than peeler crabs, measuring less than five inches across the shell from tip to tip of spike taken from said waters. This subsection shall also apply to the Delaware River, Delaware Bay and the waters commonly known as Big Assawoman Bay.

Section 2. Section 2304, Chapter 23, Title 7, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section to read as follows:

§ 2304. Limitation on sale, possession or use of soft shell crabs and peeler crabs taken from certain waters

(a) No person at any time shall catch or take for commercial purposes any soft shell or peeler crabs from any of the waters of the rivers and bays of this State and the tributaries thereof nor take any soft shell crabs or peeler crabs from said waters for commercial purposes except the Delaware River, the Delaware Bay and the waters commonly known as Big Assawoman Bay. The use of more than two (2) crab pots by any individual or his agents shall constitute prima facie evidence of commercial intent.

(b) No person shall take, possess, sell, offer for sale or buy any soft shell crab measuring less than three and one-half inches across the shell from tip to tip of spike, or any peeler crab measuring less than three inches across the shell from tip to tip of spike. This provision shall apply to all the waters of this State.

Approved June 22, 1970.