CHAPTER 28

FORMERLY

SENATE BILL NO. 75

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO COMMERCIAL SHELLFISHING.

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

Section 1. Amend Chapter 19 of Title 7 of the Delaware Code by adding a new section to read as follows:

§ 1915. Disabled licensees

In the event a person with a commercial shellfishing license is disabled and unable to perform the physical requirements necessary to harvest, transport and/or market shellfish for which he or she is licensed to harvest, said person may be issued a written permit by the Department authorizing a member of said person’s immediate family, as defined in of § 1918(c) of this Chapter to assist said person or perform in place of said person the harvesting, transporting and marketing of the shellfish for a period or periods not exceeding a total of 24 months. The duration and nature of the disability shall be specified in writing by a medical physician licensed to practice in the State of Delaware. The 24 months may be continuous or fragmented. For purposes of this section, the term ‘disabled’ shall mean a person, certified in writing by a licensed medical physician in Delaware, to be temporarily unable to perform the substantial and material duties associated with the harvesting, transporting or marketing of the shellfish in question based upon medical evidence.”.

Section 2. Amend § 931(g), Title 7, Delaware Code by redesignating it as § 923(h), Title 7, Delaware Code.

Approved May 03, 2001