CHAPTER 216

FORMERLY

SENATE BILL NO, 204

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO SHELLFISH LICENSES.

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 §1918(c), Title 7 of the Delaware Code by inserting after the word

"years" and before the symbol "." the following: "and such license has not previously been transferred to a designee on or after the effective date of this act."

Section 2. Amend §1918, Title 7 of the Delaware Code by inserting as new

subsection §1918(d) the following:

"(d) Notwithstanding subsection (c), no license shall be transferred to any person under 16 years of age."

Section 3. the following: Amend Title 7 of the Delaware Code by inserting as a new section §1919

"§1919. Prohibition against the selling of both licenses and the privilege of being designated a designee; penalties.

No person shall buy, offer to buy, sell, offer to sell, barter, trade or otherwise transfer for value a license or the privilege of being designated a designee or attempt to buy, sell, barter, trade or otherwise transfer for value a license or the privilege of being designated a designee. Any person found in violation of this section shall, in addition to the penalties otherwise provided for in this Chapter, be subject to a fine of double the amount that he or she paid or offered to pay for a license or the privilege of being designated a designee or that he or she sold or offered to sell the license or privilege of being designated a designee for and, in the case of a licensee- found in violation of this section, his or her license shall be subject to immediate and permanent revocation by the Department."

Section 4. Amend §2303, Title 7 of the Delaware Code by inserting as new

subsection (d) the following:

"(d) A commercial crab pot license may designate no more than two persons on said licensee's commercial crab pot license as his or her designees. A commercial crab pot licensee's designees are authorized, whether in the presence of the licensee or not, to place, use, set or tend said licensee's crab pots while operating the vessel owned by the licensee that is listed on said licensee's commercial crab pot license."

Section 5. Amend §2303, Title 7 of the Delaware Code by inserting as new

subsection (e) the following:

"(t) Notwithstanding subsection (a), the number of commercial crab pot licensees that may list the same vessel on their commercial crab pot license shall not exceed three (3) and the total number of crab pots that three licensees may be licensed to place, use, set or tend from the same vessel shall not exceed 500 pots."

Section 6, If any provision of this Act or the application thereof to any person or

circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 7.Section 5 of this Act shall be effective May 1, 1996; the remainder of the

Act shall be effective upon enactment.

Approved July 12, 1995