Delaware General Assembly

CHAPTER 130

FORMERLY

SENATE BILL NO. 93

AS AMENDED BY

SENATE AMENDMENT NO. 1

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

Section 1. Amend Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 903A Striped Bass Quotas and Tags.

(a) If a commercial fisherman holds both a valid commercial hook and line and a commercial gill net permit, such fisherman may catch the combined gill net and hook and line quota for striped bass using gill net, hook and line, or both.

(b) If a commercial fisherman holds a valid commercial hook and line permit and not a gill net permit, such fisherman may accept the transfer of another commercial fisherman’s hook and line or gill net quota for striped bass. Such fisherman may only catch the combined quota using hook and line.

(c) If a commercial fisherman holds a valid gill net permit and not a hook and line permit, such fisherman may accept the transfer of another commercial fisherman’s hook and line or gill net quota for striped bass. Such fisherman may only catch the combined quota using gill net.

(d) A commercial fisherman with a hook and line and/or a gill net permit may use gill net tags during hook and line activities and hook and line tags during gill net activities.

(e) For purposes of this section, the use of transferred quotas or permits in accordance with chapter 29 of this title is permitted.

Section 2. Amend §915, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(j) The Department shall only issue food fishing equipment permits for hook and line to persons who make application for such permits in calendar year 1996, and who, prior to April 2, 1995, had been issued a commercial food fishing license. Food fishing equipment permits for hook and line shall be renewed annually thereafter, subject to the payment of license fees, and if not so renewed, such permits shall not thereafter be eligible for renewal. To qualify for the annual renewal, the permit holder shall have filed monthly reports as required by § 914(6) of this title for the previous year. that indicate at least 100 pounds of food fish were caught during a particular month and sold, traded and/or bartered to or by a person with a valid wholesaler, retailer or restaurant license issued in accordance with Chapter 29 of Title 30. Copies of receipts that are dated and signed by the permit holder and the person with the valid wholesaler, retailer or restaurant license shall be attached to the monthly report as certification of the sale, trade and/or bartering of the 100 pounds of food fish caught by the permit holder.