CHAPTER 193

FORMERLY

HOUSE BILL NO. 283

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 9, TITLE 7 OF THE DELAWARE CODE RELATING TO FINFISHING IN TIDAL WATERS; SALE, TRADE OR BARTER OF FOOD FISH; FOOD FISHING EQUIPMENT PERMITS, REQUIREMENTS AND RESTRICTIONS; AREAS RESTRICTED FOR USING CERTAIN FISHING EQUIPMENT; INTERFERING WITH FISHING EQUIPMENT; GILL NETS, USE OF ELECTRIC LIGHTS; AND JURISDICTION OVER VIOLATIONS AND FORFEITURE PROCEEDINGS.

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 §913, Title 7 of the Delaware Code by striking from subsection (a) the words and phrase "or use a drifting gill net".

Section 2. Further amend §913, Title 7 of the Delaware Code by striking from subsection (d) the words and phrase "(a) or (b)" and substituting in lieu thereof the words and phrase "(a), (b). (d) or (c)".

Section 3. Further amend §913. Title 7 of the Delaware Code by adding to subsection (e) the following sentence:

"Each foodfish purchased, traded for or bartered for shall constitute a separate violation."

Section 4. Further amend §9I3, Title 7 of the Delaware Code by renumbering existing subsections "(d)" and "(e)" "(f)" and "(g)", respectively, and by Inserting new subsections numbered "(d)" and "(e)" to read as follows:

"(d) No individual shall fish with a drifting gill net unless said individual has been issued a valid

commercial food fisherman's license and appropriate fishing equipment permits by the Department.

(e) No Individual who catches or takes any species of food fish from or out of the tidal waters of this State shall give or transfer said food fish without compensation to another individual for subsequent sale, trade, or barter unless the individual giving or transferring said !Codfish has been issued a valid commercial food fishing license by the Department."

Section 5. Amend 5915. Title 7 of the Delaware Code by striking from subsection (g) the words and phrase "more- than 18 inches in diameter" and substituting in lieu thereof the words and phrase "exceeding the dimensions prescribed by paragraph (bX5) of this section".

Section 6. Amend 5917. Title 7 of the Delaware Code by striking from subsection (I) the letter "(B)" following the numeral "16" and before the word "terminates".

Section 7. Amend 5918, Title 7 of the Delaware Code by striking the words and phrase "without reasonable cause. u" and substituting In lieu thereof the word ". except".

Section 8. Further amend 5918. Title 7 of the Delaware Code by striking the word "intentionally".

Section 9. Amend 5923, Title 7 of the Delaware Code by designating the second sentence of subsection (a) as a separate subsection numbered "(b)", and by renumbering existing subsections "(b)", "(c)". "(d)", and "(e)" as "(c)", "(d)". ler, and "Or respectively.

Section 10. Amend 5925, Title 7 of the Delaware Code by designating the second sentence of subsection (a) as a separate subsection numbered "(b)" and by renumbering existing subsection "(b)" as "(c)".

Section II. Amend 5927, Title 7 of the Delaware Code by inserting in subsection (c), following the word "violation" and before the next comma, the words and phrase "If the fair market value of the forfeited [Wish or other items exceeds $100".

Section 12. Further amend 5927, Title 7 of the Delaware Code by adding to subsection (e) a second sentence to read u follows:

"The Justices of Peace Courts shall have Jurisdiction or any violation in which the forfeiture sought is of finfIsh or other items of $100 or less in fair market value."

Section 13. Amend 5934, Title 7 of the Delaware Code by striking existing subsection (c) In Its entirety and substituting in lieu thereof the following:

"(c) Any authorized employee of the Department who has seized any finfish pursuant to this section may seek to have finfish forfeited. If the fair market value of the seized finfish exceeds $100. then the Superior Court shall have jurisdiction over the alleged violation, and any forfeiture of the finfish shall be in accordance with the appropriate rules of procedure of the Superior Court and the provisions of §935 of this Chapter. If the fair market value of the seized littlish is $100 or less, then the Justices of the Peace Courts shall have jurisdiction over the alleged violation, and any forfeiture of the finfish shall be in accordance with the appropriate rules of procedures of the Justices of the Peace Courts."

Section 14. Amend §936, Title 7 of the Delaware Code by striking from subsection (b)(3) the words and phrase "of said finfish or other items is sought" and substituting in lieu thereof the following:

"involves finfish or other items exceeding $100 in fair market value. The Justices of Peace Courts shall have jurisdiction of a violation in which forfeiture involves finfish or other items with a fair market value of $100 or less."

Approved July 19, 1985.