CHAPTER 122

FORMERLY

SENATE SUBSTITUTE NO. 2

TO

SENATE BILL NO. 127

AN ACT TO AMEND CHAPTER 28 OF TITLE 7 OF THE DELAWARE CODE RELATING TO TRAWLINES FOR COMMERCIAL CONCH POTS.

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

Section 1. Amend §2801, Title 7, Delaware Code, by adding thereto new subsections (c), (d) and (e) to read as follows:

"(c) 'Delaware's Internal waters' means all of those tidal waters under the jurisdiction of the State, except the Atlantic Ocean, as separated from the Delaware Bay by a straight line drawn between Cape May Point, New Jersey and Cape Henlopen Point, Delaware.

(d) 'Delaware's territorial sea' means all of those tidal waters in the Atlantic Ocean separated from the Delaware Bay under the jurisdiction of the State, the outer boundary of which is a line 3 nautical miles coterminous with the shoreline of the State.

(e) `Trawline' means a long line, anchored on each end, to which more than one conch pot is attached by short lines."

Section 2. Amend §2807(a), Title 7, Delaware Code, by striking the first four sentences in said subsection and substituting in lieu thereof the following:

"(a) In Delaware's internal waters, it shall be unlawful for any commercial conch pot licensee to catch, take or harvest conchs with any conch pot or attempt to catch, take or harvest conchs with any conch pot unless each conch pot is attached to a floating buoy. In Delaware's territorial sea, conch pots may be attached to a trawline up to 1,200 feet long, provided each end of the trawline is attached to a buoy. The buoys for commercial conch pots and trawlincs shall be a specific color combination as assigned to each commercial conch pot licensee by the Department. Any person who has a valid commercial crab pot license shall be assigned the same color code for the person's commercial conch pot buoys as assigned to the person's commercial crab pots. An additional buoy shall be attached at the farthest position from the conch pot or trawline which shall be colored one-half white and one-half black."

Approved June 30, 1997