Evening journal., 1907-02-04
FISHING LAW


in the Delaware River and Bay be-
tween the state OF Delaware and the
State of Now Jersey.
Whereas, by virtue OF article ~ OF
the compact or agreement entitled a
Compact Between the state of New
Jersey and the State of Delaware. Re-
lating to the Boundary Controversy
Between said states" which was rati.
fled and confirmed by am act of tho
General Assembly OF the state of Della
ware approved March Goth. 1908. and
by am act Of the Legislature of the /
State OF New Jersey, approved March /
2ist 1905, the state OF Delaware by an /
act of the General Assembly thereof I
approved March 2Srd. 1905. appointed I
Alexander y. Cooper. William s. Hllles |
and Walter II. Hayes. commissioners /
on the part OF Delaware to confer with /
like commissioners appointed, or TO be /
appointed. by the Legislature OF tie |
state OF New Jersey, TO do and perform ]
al the duties, acts. matters and things
required and stipulated IA the said
compact or agreement, and
Whereas. by a similar act OF the
Legislature OF the State OF New Jersey
approved May nth, 1905. William j
Bradley. John Boyd Avis and James
strimple were appointed like commits
sioners ON the part of the State OF
New Jersey, 20 confer with the said
commissioners on the part of the state
of Delaware. and 20 do and perform
the duties aforesaid and
Whereas each or the said commits
sioncrs have been duly organized as
provided and required by law. and
Whereas the said commissioners of
the said respective States. in joint
meeting held for that purpose. have
agreed upon uniform hws TO regulate
the catching and taking Of fish in the
Delaware River and Bay between tho
said states, and have also ascertainel
the dividing line between the said Del
aware River and Delaware Bay. ana
have. upon each OF the shores OF the
said two States where said dividing
line extended intersects the same. pro-
vidod for the erection OF suitable
monument to mark said dividing line
in pursuance Of the duties imposed
upon them by law; therefore,
Enjoy Common Right.
BE it enacted by the Senate ana
House Of Representatives Of the State
Of Delaware in General Assembly met:
Section /. That the provisions OF this
act shall affect and apply only to the
catching and taking Of fish In the
waters of the Delaware River and Bay
lying between the states of Delaware
and New Jersey.
Section g. That the inhabitants Of
the States OF Delaware and New Jersey
shall have and enjoy a common right Of
fishery throughout. in and over the
waters Of said river between low water
marks on each side of said river be-
tween the said States, except so FAR as
either State may have heretofore
granted valid and subsisting private
rights OF fishery.
Section 3. That nothing herein con-
tained shall affect the territorial limits,
rights and jurisdiction Of either Of said
States OF. in or over the Delaware
River. or the ownership Of the sub
aqueous soil thereof. except as is ex-
pressly set forth in said compact be-
tween the said States; nor shall any
thing herein contained affect I'm any
wa the planting, catching or taking OF
oysters, clans. or other shell fish, or
interfere with the oyster industry, as
now or hereafter carried on under the
laws of either Of said states.
Section 4. That hereafter IL shall be
lawful for any person to catch and
take. from the waters aforesaid, fish OK
any character Except she'll fish with
any net, hook and line or other ap-
pliances. provided the meshes OF any
net shall not be less than two and one
half inches long stretched measure,
and except as hereinafter provided.
Section Q. That hereafter IL shall be
unlawful for any person TO catch ana
take. or attempt to catch and take,
shad from the waters aforesaid with a
seine or net OF any character, the
meshes Of which shall be less than
fve and one-quarter inches stretched
measure. 1t shall also he unlawful
for any person to catch and take. or
TO attempt to catch and take. any shad
from the said waters I'm any manner
whatsoever between the hours of
twelve o'clock noon Of every saturday
and twelve o'clock midnight Of the
Sunday next ensuing. and also betwee1
the fifth day Of June In each and every
year and the first day Of March thence
next ensuing It shall also be unlaw-
ful for any person at any time to set
place or use net Of any kind, except
a drifting net for the purpose Of
lcatchlng and taking shad within one
! half mile Of the mouth of the river
creek or stream emptying into the said
waters.
Hours For Fishing.
section 6. That hereafter It shall be
unlawful for any person to catch and
take. or to attempt to catch and take
carp from the waters aforesaid with a
seine or net of any character tho
meshes Of which shall be less than two
land one-half inches stretched measure
IL shall also be unlawful for any per-
son TO catch and take, or to attempi
to catch and take from the said waters
lany carp in any manner whatsoever
between the hours of twelve O'Clock
noon Of every Saturday and twelve
O'Clock midnight Of the Sunday next
ensuing. 1t shall also be unlawfuf fol
any person TO catch and take. or to at
tempt to catch and take. from the
waters aforesaid. any carp weighins
less than one pound and should any
such fish be caught, It shall be i'm
mediately returned to the waters un-
injured. II shall also be unlawful foi
any person to catch and take, or at
tempt to catch and take. any carp II
any manner whatever between the frs
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