CHAPTER 69

FORMERLY

SENATE BILL NO. 81

AN ACT AUTHORIZING AND DIRECTING THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO ISSUE A COMMERCIAL GILL NET FOODFISHING PERMIT TO WALTER WISOWATY, SR. OF DELAWARE CITY, DELAWARE WHO IS PRESENTLY PROHIBITED FROM OBTAINING A PERMIT UNDER DELAWARE FINFISHING STATUTES.

WHEREAS, Mr. Walter Wisowaty, Sr., of P.O. Box 5, Delaware City, Delaware, being 76 years old and engaged in commercial gill net fishing for over 50 years prior to the enactment of the Delaware Finfishing Statutes in 1984 that require a person to have a commercial Gill Net Foodfishing Permit to fish a drifting gill net; and

WHEREAS, Mr. Wisowaty qualified in 1984 for a commercial gill net fishing permit according to the provisions of §915, Chapter 9, Title 7, of the Delaware Code; and

WHEREAS, Mr. Wisowaty applied for a commercial gill net foodfishing permit in 1984 but withdrew his application under the presumption he could fish his drifting gill nets under his son's permit, provided his son gave him written permission; and

WHEREAS, Mr. Wisowaty did fish drifting gill nets with written authority from his son during 1984, 1985 and 1986; and

WHEREAS, because of numerous complaints about persons fishing gill nets without a commercial gill net foodfishing permit, the Advisory Council on Tidal Finfisheries requested the Department of Natural Resources and Environmental Control (DNREC) to request an Attorney General's Opinion on July 7, 1986 on the question To what extent may an individual permitted to fish with gill nets and/or licensed to sell his catch, designate in writing, another to fish his nets and/or sell his catch?"; and

WHEREAS, Attorney General's Opinion (86-1020) issued on October 14, 1986 stated that a permittee may legally, by prior and express written authority, allow another person to take and/or remove any finfish from that permittee's commercial foodfishing equipment, or to remove that equipment itself, but that is all."; and

WHEREAS, as a follow-up legal advisory issued on December 4, 1986, on the interpretation of Attorney General's Opinion 86-1020 confirmed that a person cannot set a drifting gill net under written authority from a commercial gill net permittee; and

WHEREAS, the son of Mr. Walter Wisowaty, Sr., asked the DNREC in May of 1987, if he could temporarily transfer his commercial gill net foodfishing permit to his father; and

WHEREAS, on August 10, 1987, the Deputy Attorney General advised that permit holders not be allowed to temporarily transfer their permits to their parents since such a transfer is not authorized by Statute; and

WHEREAS, the Department of Natural Resources and Environmental Control (DNREC) is not authorized to issue any new commercial gill net foodfishing permits until the number issued annually falls below 30; and

WHEREAS, the number of commercial gill net foodfishing permits renewed in 1988 was 135; and

WHEREAS, the Department of Natural Resources and Environmental Control (DNREC) has no objection to issuing Mr. Wisowaty a commercial gill net foodfishing permit if authorized by appropriate legislation.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. The Department of Natural Resources and Environmental Control is hereby authorized and directed to issue a commercial gill net foodfishing permit to Mr. Walter Wisowaty, Sr., of P.O. Box 5, Delaware City, DE, notwithstanding the provisions of §915(f), Chapter 9, Title 7, Delaware Code.

Approved July 6, 1989