CHAPTER 362

FORMERLY

HOUSE BILL NO. 268

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9 OF TITLE 7 OF THE DELAWARE CODE RELATING TO HEADBOATS AND CHARTER BOATS.

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, Delaware Code, by adding thereto two new paragraphs to read as follows:

“(69) ‘Charter boat’ shall mean any vessel-for-hire engaged in recreational fishing that is hired on a per trip basis.

(70) ‘Headboat’ shall mean any vessel-for-hire engaged in recreational fishing that is hired on a per person basis.”

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

“941. Headboat/charter boat fishing permits; reporting requirements.

(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 landings of a finfish species by headboats and charter boats to be monitored, said finfish species, if caught on a headboat or charter boat, shall not be landed in this State unless the owner or operator of said boat has been issued a headboat/charter boat fishing permit. The Department shall not charge a fee for the headboat/charter boat fishing permit.

(b) All headboat/charter boat fishing permit holders shall maintain a logbook, supplied by the Department, for those finfish species that have management plans which require landings to be monitored. Headboat/charter boat fishing permit holders shall forward copies of their logbook entries to the Department as prescribed by the Department. The logbooks shall contain, but not be limited to:

(1) The headboat/charter boat fishing permit number; and

(2) The number and/or weight, by species, of finfish landed on each date.

(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 upon signing by the Governor.

Approved June 30,2000