CHAPTER 214

FORMERLY

HOUSE BILL NO. 262

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9 OF TITLE 7 OF THE DELAWARE CODE RELATING TO FOOD FISH DEALER REPORTING.

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 §906, Title 7 of the Delaware Code, by adding thereto a new paragraph to read as follows:

"(68) 'Food fish dealer' shall mean:

a. any person licensed under §§2902, 2903, 2904, 2905 or 2908 of Title 30 who receives food fish from a commercial finfisherman;

b. any commercial finfisherman who trades, barters and/or sells food fish to any person licensed under §2906 of Title 30; or

c. any commercial finfisherman who trades, barters and/or sells food fish to any person whose principle place of business is located outside this State."

Section 2. Amend Chapter 9, Title 7 of the Delaware Code, by adding thereto a new section to read as follows:

"§940. Food fish dealer permits.

(a) If a fishery management plan, approved by the Secretary of the U.S. Department of Commerce or Atlantic States Marine Fisheries Commission, requires the commercial landings of a food fish species to be managed with a quota, said food fish species, if landed in this State by a commercial finfisherman, shall not be purchased, sold, traded and/or bartered by a food fish dealer without a food fish dealer permit. The Department shall not charge a fee for a food fish dealer permit.

(b) All food fish dealer permit holders shall maintain log books, supplied by the Department, for those food fish species that have management plans which require commercial landings to be monitored for purposes of a quota. Food fish dealer permit holders shall forward copies of their log book entries to the Department as prescribed by the Department. The log books shall record the following:

(1) The commercial food fishing license number of the commercial finfisherman who landed the food fish; and

(0) the number and/or weight, by species, of food fish purchased, traded and/or bartered from each commercial finfisherman.

(c) The Department may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section."

Section 3. This Act shall become effective 120 days after the date of enactment.

Approved July 21, 1997