CHAPTER 418

FORMERLY

HOUSE BILL NO. 413

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO CREATE SECTION 919 OF THE DELAWARE CODE, TITLE 7, ENTITLED "MENHADEN FISHING".

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

Section 1. Amend Subchapter 1, Chapter 9, Title 7, Delaware Code, by adding thereto a new Section 919 to read as follows:

§919. Menhaden fishing

(a) Menhaden fishing will not be permitted in any state waters on any Saturday, Sunday or holiday between the Friday before Memorial Day and the Sunday following Labor Day.

(b) Menhaden fishing will not be permitted within one-half mile of any heavily populated beach or fishing pier.

(c) All pump outlets, except normal engine cooling water, must be discharged through the bottom of the vessel.

(d) Approved anti-foaming agents must be applied to all fish pump discharge waters to dissipate foam when fishing within three miles of the shore in the Atlantic Ocean, and in all bays, rivers, sounds and inlets.

(e) All menhaden vessels must be equipped with refuse and garbage cans, and all such cans must be emptied at the plant when the vessel docks. Garbage, refuse or litter shall not be thrown overboard at any time.

(f) Dead fish shall not be released at any time. Should there be more fish in the net than can be handled, the captain shall immediately call another vessel to take the excess fish.

(g) At the end of each set, the fish which the pump will not transfer to the vessels hold, must be loaded aboard manually. No loose fish are to be thrown overboard at any time.

() Any captain found guilty of violating any of the provisions so set forth above shall be fined five-hundred dollars ($500.00) for the first offense and two-thousand five hundred dollars ($2,500.00) for each offense thereafter.

(a) Every vessel over 65 feet in length shall obtain a license before fishing for menhaden in the territorial waters of this State. The fee for such license shall be $100 and shall be payable to the Department or its duly authorized agent. Whoever violates the provisions of this section shall be fined Five hundred dollars ($500) for the first offense and Two thousand five hundred dollars ($2,500) for each offense thereafter. Violation of this section is a misdemeanor.

Approved July 2, 1974.