CHAPTER 243

FORMERLY

HOUSE BILL NO. 301

AN ACT TO AMEND PART 11, TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF THE EAST LINE FOR SHELLFISH MANAGEMENT AND RELATING TO SURF CLAMS BY ESTABLISHING A LICENSE TO HARVEST SURF CLAMS AND AUTHORIZING THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS GOVERNING THE HARVEST OF SURF CLAMS.

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. Amend Subparagraph (5), Section 1901, Chapter 19, Part II, Title 7, of the Delaware Code, by striking the words "to Elbow Cross Light" and by substituting in lieu thereof the words "house (Delaware State Plan Coordinates: N431, 537.3600, E504, 396.9600)".

Section 2. Amend Part II. Title 7 of the Delaware Code, by adding a new Chapter 26, which shall read as follows:

"CHAPTER 26. SURF CLAIMS (SPISULA SOLIDISSIMA)

§2601. Commercial Surf Claim License

It shall be unlawful for any person to harvest surf clams in this State unless said person has applied for and secured from the Department and has in his possession a valid surf clam harvesters license. The fee for a resident surf claim harvesters license shall be fifty dollars ($50.00) for residents and five hundred dollars ($500.00) for non-residents.

§2602. Seasons

The Department will establish by regulation the seasons for the harvesting of surf clams.

§2603. Minimum Size

It shall be unlawful for any person to possess surf clams taken from the waters under the Jurisdiction of the State of Delaware which measures less than the size limit designated by the Department.

§2604. Area Permitted

(a) It shall be unlawful to harvest surf clams in any waters designated as contaminated by the Department of Health and Social Services.

(b) The Department may open and close harvesting areas by regulation. If. in its discretion, the Department determines from biological evidence that emergency restrictions are necessary to protect clams or other shellfish resources of the State of Delaware, they may do so with advance notice as it deems necessary.

§2605. Penalty

Any person who violates this Chapter shall be fined not less than $100.00 nor more than $1,000.00 for a first offense. For reach subsequent convictions, a person shall be fined not less than $500.00 nor more than $2,000.00."

Approved March 29, 1984,