CHAPTER 436

FORMERLY

HOUSE BILL NO. 657

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE REPORTING REQUIREMENTS FOR HOLDERS OF COMMERCIAL SHELLFISHING LICENSES AND PERMITS.

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

Section I. Amend § 1910, Title 7, Delaware Code, by striking the Title and substituting in lieu thereof the following:

"§ 1910. Monthly report; failure to submit.".

Section 2. Amend § 1910(a), Title 7, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(a) Any person issued a commercial shellfishing license or permit by the Department shall file monthly reports of his or her catch by area, effort, species, and weight or number on forms provided by the Department. A commercial shellfishing license or permit holder who does not file said monthly report by 4:30 p.m. of the last working day of the month following the month for which the report is due may for the first failure to file be given a warning, for the second failure to file may have his or her commercial shellfishing license or permit suspended by the Secretary for a period of up to 30 days or until such time as the report is filed, whichever occurs sooner, and for a third or subsequent failure to file may have his or her commercial shellfishing license or permit revoked by the Secretary until such time when all reporting requirements are fulfilled in a manner acceptable to the Secretary."

Section 3. Amend § 1910, Title 7, Delaware Code, by striking subsection (b) in its entirety and designating subsection (a) as the entire section.

Section 4. This Act shall become effective on January 1, 1999.

Approved July 14, 1998