CHAPTER 374

FORMERLY

HOUSE BILL NO. 193

AS AMENDED BY HOUSE AMENDMENT NO. 3 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9, TITLE 7, DELAWARE CODE RELATING TO FINFISHING IN TIDAL WATERS.

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

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

"§939. Fishing Seasons; Exception.

Unless otherwise provided in this Chapter, regulation or permit issued by the Department, it shall be unlawful for any person to take, brought to shore from any type of water craft, or retain any Tautog, (Tautoga onitis) from the tidal waters of this State during the period beginning at 12:01 A.M. on April 1 through and including midnight on June 30 next ensuing except that an individual who free dives without the aid of an underwater mechanical breathing device may take by spear and retain not more than ten (10) Tautog per day during this period.

Each Tautog taken and retained in violation of the provisions in paragraph (a) of this Section shall constitute a separate violation."

Section 2. Amend Title 7 of the Delaware Code Section 938(a) by deleting the number "20" and replacing said number with the number "10".

Approved July 13, 1992.