CHAPTER 496

FORMERLY

HOUSE SUBSTITUTE NO. 1

TO

HOUSE BILL NO. 437

AN ACT TO AMEND CHAPTER 9, TITLE 7. DELAWARE CODE, RELATING TO COMMERCIAL FOOD FISHING LICENSE.

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 §914, Title 7, Delaware Code, by striking subsection (b) in its entirety.

Section 2. Amend §915(a), Title 7, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(a) A valid food fishing equipment permit issued by the Department is required before any individual shall: fish for food fish in the tidal waters of this State with the fishing equipment specified in subsection (b) of this Section; or sell, trade and/or barter food fish caught or taken with hook and line. Exceptions to the foregoing may be made as authorized by this Chapter or by scientific permit issued by the Director. The Department shall not charge a fee for a food fishing equipment permit for hook and line."

Section 3. Amend §915, Title 7, Delaware Code, by adding thereto new subsections (k), (1). (in) and (n) to read as follows:

"(k) The Department shall only issue food fishing equipment permits for hook and line to persons who make application for such permits in calendar year 1996, and who, prior to April 2, 1995, had been issued a commercial food fishing license. Food fishing equipment permits for hook and line shall be renewed annually thereafter, subject to the payment of license fees, and if not so renewed, such permits shall not thereafter be eligible for renewal. To qualify for the annual renewal, the permit holder shall have filed monthly reports as required by §914 (6) of this Title for the previous year that indicate at least 100 pounds of food fish were caught during a particular month and sold, traded and/or bartered to or by a person with a valid wholesaler, retailer or restaurant license issued in accordance with Chapter 29 of Title 30. Copies of receipts that are dated and signed by the permit holder and the person with the valid wholesaler, retailer or restaurant license shall be attached to the monthly report as certification of the sale, trade and/or bartering of the 100 pounds of food fish caught by the permit holder.

(l) Notwithstanding subsection (k) of this Section, when the total number of food fishing equipment permits for hook and line drops to 80 or below as of April 2 of any year. the Department shall schedule a lottery to take place prior to April 30 of that year to allow the total number of hook and line permit holders to increase to 100.

(m) It shall be unlawful for food fishing equipment other than hook and line and dip nets to be on board a vessel when a person is commercially fishing with hook and line from said vessel.

(n) A food fishing equipment permit for hook and line shall be deemed invalid when the holder thereof is on board a vessel with more than one other person who does not possess a food fishing equipment permit for hook and line."

Section 4. Within 30 days after the day this Act becomes law, the Department shall send a written notice to that effect to all persons at their last known address by the Department who, prior to April 2, 1995, had been issued a commercial food fishing license, to inform them of their eligibility for a food fishing equipment permit for hook and line.

Section 5. Notwithstanding the provisions of subsection §914(5) and subsection §915(e), the Department shall have 90 days after the day this Act becomes law to issue commercial food fishing licenses and food fishing equipment permits.

Approved July 11, 1996