(a) There is established the Council on Shell Fisheries.

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Terms Used In Delaware Code Title 29 Sec. 8007

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

(b) The Council on Shell Fisheries shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the control and direction of the shellfish industry and the protection, conservation and propagation of shellfish of 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. The Council may also study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Shell Fisheries shall be composed of 7 members who shall be appointed by the Governor. The Council shall be composed of the following members:

One person engaged in commercial lobstering or conching;

One person engaged in commercial crabbing;

One person engaged in commercial oystering;

One person engaged in commercial clamming;

One person knowledgeable in marine fisheries;

One person representing recreational shell fishing;

One person, the Chairperson, to serve at the pleasure of the Governor.

The terms of the members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 2 shall serve for a term of 3 years. Thereafter, all new appointees shall serve for a term of 3 years.

(d) At least 3, but no more than 4, of the members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 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 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. Additionally, at least 1 member of the Council shall be a resident of New Castle County, at least 1 member of the Council shall be a resident of Kent County and at least 1 member of the Council shall be a resident of Sussex County.

(e) 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.

(f) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.

29 Del. C. 1953, § ?8006; 57 Del. Laws, c. 302, § ?1; 57 Del. Laws, c. 739, § ?239; 59 Del. Laws, c. 238, § ?1; 67 Del. Laws, c. 289, § ?1; 70 Del. Laws, c. 186, § ?1; 73 Del. Laws, c. 294, §§ ?1, 2;