2014 Delaware Code
Title 7 - Conservation
CHAPTER 9. FINFISHING IN TIDAL WATERS
§ 904. Advisory Council on Tidal Finfisheries; establishment; organization; authority

There is hereby created an Advisory Council on Tidal Finfisheries. The Council shall consist of 7 members, all of whom shall be residents of the State. The Governor shall nominate and the majority of the Senate shall confirm all members of the Council. The following provisions are applicable to the Council:

(1) There shall be at all times no less than 2 members of the Council from each county of the State;

(2) Three members of the Council shall represent recreational finfishing interests to include, but not limited to, the bait and tackle industry, fishing from shore, fishing from a privately owned vessel or the charter or head boat industry; provided that any said member representing recreational fishing interests shall not be a licensed commercial food fisher. Three members of the Council shall represent commercial finfishing interests to include, but not limited to, the wholesale of seafood, fishing with fixed fishing equipment and fishing with drifting or hauling fishing equipment. The seventh member of Council shall be the designated Chairperson who shall be impartial to recreational or commercial fishing;

(3) No member of the Council shall be employed by the Department;

(4) The terms of the original members of the Council shall be as follows: the Chairperson shall serve for 2 years; 2 members shall serve for 3 years; and 2 members shall serve for 4 years; and 2 members shall serve for 5 years. Upon the expiration of the terms of the original members, the term of each member and the Chairperson serving thereafter shall be for 5 years. No member shall serve any subsequent term(s) within 1 year after the end of the member's previous term. The Governor shall nominate a new member to fill any vacancy that has been created by a Council member who has either resigned or died. Said person shall be confirmed by the majority of the Senate and shall serve for the remainder of the term of the member that either resigned or died. Said nominations to fill vacancies in the Council shall be made by the Governor within 60 days after said vacancy has been created;

(5) The number of members needed to be present at a Council meeting in order to have a quorum and conduct official business shall be no less than 4;

(6) The Council shall meet and conduct official business after the Chairperson gives notice to all members of any meeting to be held by the Council, and the Council shall meet no less than once during each quarter of the State's fiscal year;

(7) Members of the Council shall serve without compensation. Each member shall be entitled to reimbursement by the Department from the Finfisheries Development Fund for actual and necessary expenses incurred traveling to and from meetings of the Council;

(8) The Council shall submit a report to the Delaware General Assembly prior to January 1 of each calendar year starting in 1985, and said report shall consist of the Council's recommended revisions, additions, deletions or no changes to this chapter.

64 Del. Laws, c. 251, § 1; 70 Del. Laws, c. 186, § 1.;