CHAPTER 194

FORMERLY

SENATE BILL NO. 343

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 19 AND 23, TITLE 7, DELAWARE CODE, RELATING TO LICENSING COMMERCIAL CRABBERS, TAKING MATURE FEMALE CRABS, DEFINES CRAB POTS AND RESTRICTING NON-COMMERCIAL CRABBERS TO ONE BUSHEL A DAY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of the members elected to each House thereof concurring therein):

Section 1. Amend Chapter 19, Part II, Title 7, Delaware Code by adding a new section to read as follows:

"§1918. Limited Entry and Transfer of Commercial Crabbing Licenses.

Notwithstanding the provisions of §2303, Chapter 23, Part II of Title 7, the Department shall not issue any commercial crab pot license to any new licensee after March 13, 1990 and shall not issue crab pot licenses to any new licensee until the number of commercial crab pot licenses drops to B2 or below as of October 31 of any year. At that time, a lottery will be held by the Department to allow the number of commercial crab pot licenses to increase to 100.

Notwithstanding the provisions of §2307, Chapter 23, Part II of Title 7, the Department shall not issue any crab dredgers licenses to any new licensee after March 13, 1990 and shall not issue crab dredgers licenses to any new licensee until the number of crab dredgers licenses drops to 18 or below as of March 31 of any year. At that time, a lottery will be held by the Department to allow the number of crab dredgers licenses to increase to 21.

A commercial crab pot licensee or crab dredgers licensee may transfer his or her license at anytime, including posthumously, to a member of his or her immediate family. A member of the immediate family shall mean a father, mother, daughter, son, brother, sister or spouse. A commercial crab pot licensee also may transfer his or her license to his or her designee provided the designee has been listed as same on the license for at least two consecutive years. The transfer of the appropriate license shall be in writing".

Section 2. Amend §1901, Chapter 19, Part II, Title 7, Delaware Code by adding a new subsection to read as follows:

"(b) 'Crab Pot' - a cube shaped wire device that contains opening(s) toward the inside for the entrance and capture of crabs without the assistance of any manual exerted tension to any closing mechanism."

Section 3. Further Amend §1901, Chapter 19, Part II, Title 7, Del. C. by alphabetically redesignating subsections "b" through "t" as "c" through "u".

Section 4. Amend §1904, Chapter 19, Title 7, Delaware Code by striking the period (.) at the end of subsection (c) and inserting in lieu thereof the following:

",except a commercial crab pot licensee may take bluecrabs one hour before sunrise."

Section 5. Amend §2301, Chapter 23, Part II, Title 7, Delaware Code by adding two new sentences between the words from tip to tip." and "Any commercial measure" to read as follows:

"The minimum size of hard shell bluecrabs shall not apply to mature female bluecrabs that are identified by having a rounded or "U"-shaped apron. The apron is the abdomen which is the rear portion of the bluecrab that is folded underneath the body."

Section 6. Amend §2310, Chapter 23, Title 7, Part II, Delaware Code by adding a new subsection to read as follows:

"(e) It shall be unlawful for any person to take in any one (1) day more than one (1) bushel of bluecrabs unless otherwise authorized to do so by license or permit."

Approved April 10, 1990.