Bill Text: DE SB208 | 2013-2014 | 147th General Assembly | Draft


Bill Title: An Act To Amend Title 7 Of The Delaware Code Relating To The Advisory Council On Tidal Finfisheries.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-06-26 - Laid On Table in Senate [SB208 Detail]

Download: Delaware-2013-SB208-Draft.html


SPONSOR:

Sen. Venables & Rep. Heffernan

 

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 208

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE ADVISORY COUNCIL ON TIDAL FINFISHERIES.


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


Section 1. Amend Chapter 9, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 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;

The advisory Council on Tidal Finfisheries shall consist of 7 members who shall be appointed by the Governor for a term of up to 4 years in order to allow that no more than 2 members' terms shall expire in any year. Council membership shall consist of the following:

(1) 6 members which shall include 2 residents from each New Castle, Kent and Sussex Counties;

(2) 1 Chair who shall be a resident of the state of Delaware.

In addition to the County requirements, the 7 members shall include;

(3) 3 recreational finfisherman which may include, but not be limited to, the bait and tackle industry, fishing from shore, fishing from a privately owned vessel or the charter or head boat industry;

(4) 3 commercial finfisherman which may include but not be limited to, the wholesale of seafood, fishing with fixed fishing equipment and fishing with drifting or hauling equipment

(5) 1 Chair who shall be knowledgeable in the area of finfishing, but impartial to the areas of recreational or commercial finfishing;

(6) No member of the Council may be employed by the Department.


SYNOPSIS

This bill changes the method of populating the Advisory Council on Tidal Finfisheries from gubernatorial nomination with Senate confirmation to gubernatorial appointment.

Author: Senator Venables

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