CHAPTER 71

FORMERLY

HOUSE BILL NO. 107

AS AMENDED BY

HOUSE AMENDMENT NOS. 1,2 & 3

AN ACT TO AMEND TITLE 7 AND TITLE 29 OF THE DELAWARE CODE RELATING TO FISHING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend § 502 of Title 7 of the Delaware Code by striking subsection (a) and substituting in lieu thereof:

“(a) Residents and non-residents may fish if they are the operator of a vehicle with a surf fishing vehicle permit as long as the vehicle is located on a designated Delaware State park surf fishing beach without being licensed hereunder.”.

Section 2. Further Amend § 502 of Title 7 of the Delaware Code by striking subsection (b) and relettering the remaining subsections accordingly.

Section 3. Amend new § 502(d) of Title 7 of the Delaware Code by striking the word “minor” found between the words “Any” and “child” and by adding the phrase “or clam” between the words “crabs” and “from” and by inserting a new sentence at the end of said subsection to read as follows:

“Residents 16 and older but not over 65 years of age must purchase a fishing license to fish or take fish, crabs or clams.”.

Section 4. Amend § 504(a) of Title 7 of the Delaware Code by adding a new subsection (4) to read as follows:

“(4) $40 for a boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20 feet”.

Section 5. Amend § 504 of Title 7 of the Delaware Code by adding a new subsection (c) to read as follows:

“(c) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees:

(1) $150 for a Charter boat, as defined in § 906(69) of this Title, license; and

(2) $300 for a Head boat, as defined in § 906(70) of this Title, license.”.

Section 6. Amend § 506(a) of Title 7 of the Delaware Code by adding the phrase “, claming or crabbing” between the words “fishing” and “in”.

Section 7. Amend § 507 of Title 7 of the Delaware Code by striking subsection (a) and relettering the remaining subsections accordingly.

Section 8. Amend new § 507(d) of Title 7 of the Delaware Code by adding a new sentence at the end of said subsection to read as follows:

“Non-residents 16 years of age or older must purchase a non-resident fishing license to fish or take fish, crabs or clams.”.

Section 9. Amend § 508(a)(3) of Title 7 of the Delaware Code by striking the number “15” and substituting in lieu thereof the number “20”.

Section 10. Amend § 508(a)(4) of Title 7 of the Delaware Code by striking the number “5.20” and substituting in lieu thereof the number “12.50”.

Section 11. Amend § 508(a) of Title 7 of the Delaware Code by adding a new subsection (9) to read as follows:

“(9) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees:

a. $300 for a Charter boat, as defined in § 906(69) of this Title, license; and

b. $600 for a Head boat, as defined in § 906(70) of this Title, license.”.

Section 12. Further Amend § 508(a) of Title 7 of the Delaware Code by adding a new subsection (10) to read as follows:

“(10) $40 for a boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20 feet”.

Section 13. Amend § 2409 of Title 7 of the Delaware Code by deleting existing subsection (a) and redesignating existing subsection (b) as new subsection (a).

Section 13. Amend § 903(d) of Title 7 of the Delaware Code by deleting said subsection in its entirety.

Section 14. Amend Chapter 80 of Title 29 of the Delaware Code by adding a new § 8006A to read as follows:

Ҥ 8006A. Council on Recreational Fishing Funding.

(a) There is established the Council on Recreational Fishing Funding.

(b) The Council on Recreational Fishing Funding shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relative to funding of fishery-related projects as related to this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife.

(c) The Council on Recreational Fishing Funding shall be composed of seven (7) members who shall be appointed for three-year terms by the Governor.

(d) At least three (3), but no more than four (4), of the members of the Council shall be affiliated with one (1) of the major political parties and at least two (2), but no more than three (3), of the members of the Council shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one (1) major political party over the other major political party. Any person who declines to announce such person’s political affiliation shall also be eligible for appointment as a member of the Council.

(e) One (1) member of the House of Representatives (as designated by the Speaker of the House), one (1) member of the Senate (as designated by the President Pro Tempore) and one (1) member from the Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, shall serve as ex-officio members of the Council.

(f) The Department ex-officio member shall prepare minutes of each Council meeting. These minutes must be approved by a quorum of Council members in order to be official.

(g) All members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council from the fishing license account.

(h) The Council shall meet no less than once per year but no more than twice per year. The Council shall provide non-binding advice to the Department on fishery related construction priorities for the expenditure of funds generated from the sale of recreational fishing licenses in the coming year.”.

Approved June 30, 2007