HB 431 — AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE USE AND REGULATION OF LIVE BAIT IN TIDAL AND NONTIDAL WATERS OF THE STATE.

SpiegelmanPhillips HOUSE& OFSen. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Hansen TOReps. HOUSE BILL NO.

431Morrison, AMENDParker HouseSelby, BillCarson, No.Spiegelman, Harris, Heffernan, Lambert;

431Sen. by inserting on line 28 after word “State” and before the “.” the following:

“,Huxtable forHOUSE theOF purposeREPRESENTATIVES of152nd controllingGENERAL invasiveASSEMBLY speciesHOUSE orBILL pathogens”.NO.

FURTHER431 AN ACT TO AMEND HouseTITLE Bill7 No.OF THE DELAWARE CODE RELATING TO THE USE AND REGULATION OF LIVE BAIT IN TIDAL AND NONTIDAL WATERS OF THE STATE.

431BE byIT insertingENACTED onBY lineTHE 32GENERAL afterASSEMBLY theOF wordTHE “country”STATE andOF beforeDELAWARE: the “.” the following:

“,Section for1. the purpose of controlling invasive species or pathogens”.

FURTHERAmend AMEND§ House903, BillTitle No.7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

431§ by903. inserting after line 58 and before line 59 the following:

“(e)Department Any action taken pursuant to this section shall be undertaken for the purpose of controllingNatural invasiveResources speciesand orEnvironmental pathogens.”.Control;

SYNOPSISauthority; This amendment restricts the Department's scope under this bill to the purpose of controlling invasive species and pathogens.

HRpermits; :

RTAregulations. :

AFJ(e) PageThe 1Department, in accordance with the procedures under subchapters I and II of 1the Released:Administrative Procedures Act (Chapter 101 of Title 29), has the authority to promulgate regulations, which shall have the force and effect of law, to enhance the conservation and management of coastal finfisheries, including the biological and socioeconomic aspects of coastal finfisheries.

06/18/2024Any 12:06regulation PMpertaining 0801520289to fishing for food fish shall require a statement addressing whether or not said regulation will have a significant impact upon the conservation of the fishery in question.

Except where otherwise provided in this section, such regulations shall be consistent with this chapter, and may only include, and encompass, the following areas:

(1) a.

Add legal fishing equipment or methods to fish for bait fish in addition to the provisions of § 908 of this title.

b.

Closed and/or open areas to fish for bait fish according to the provisions of § 909 of this title.

c.

Add legal fishing equipment or methods to fish for food fish in addition to § 910 of this title.

d.

Restrict fishing within areas designated as striped bass spawning areas according to § 930 of this title;

provided that any restriction on fishing is consistent with fishing restrictions imposed by other states adjoining designated striped bass spawning areas located in Delaware.

e.

Closed or open areas within Rehoboth Bay and its tributaries, Indian River and Indian River Bay and their tributaries, Little Assawoman Bay and its tributaries, Big Assawoman Bay and its tributaries, Nanticoke River and its tributaries and all tributaries entering the Delaware River and Delaware Bay to fishing with gill nets for food fish.

HD :

MS :

DS Page 1 of 3 Released:

06/06/2024 06:47 AM f.

Restrict the mesh size of recreational drift gill nets that may be fished for American shad in the Delaware River.

g.

Regulate and/or restrict the type of fishing gear or methods which may be used within the geographical boundaries of permitted artificial reef sites within the Delaware Bay and within Delaware’s territorial sea (defined as 0 to 3 miles seaward of Delaware’s ocean coastline).

h.

Regulate and/or restrict which species of live bait, including bait fish, as defined in § 906 of this title, may be harvested, imported, transported, sold, or used as bait to fish in the tidal waters of this State.

(k) The Department shall have the authority to issue permits, licenses, and applications for the harvesting, importing, transporting, sale, or use of live bait for fishing in tidal waters of the State.

(l) The Department may, by regulation, prohibit the importation or sale of any live bait species originating from another state or country.

Section 2.