(a) There is created an Advisory Council on Tidal Finfisheries to advise the Director on all matters relating to tidal finfisheries management.

(b) The Council shall have 7 members, all of whom shall be appointed by the Governor. Council members shall consist of the following:

(1) Two members who are residents of New Castle County.

(2) Two members who are residents of Kent County.

(3) Two members who are residents of Sussex County.

(4) One member who is a resident of this state to serve as Chair.

(c) In addition to the residency requirements of subsection (b) of this section, council members shall meet the following criteria:

(1) Three council members shall represent recreational finfishing interests, such as the bait and tackle industry, fishing from shore, fishing from a privately owned vessel, or the charter or head boat industry. None of the members representing the recreational finfishing interests shall be a licensed commercial food fisher.

(2) Three council members shall represent commercial finfishing interests, such as the wholesale of seafood, fishing with fixed fishing equipment, and fishing with drifting or hauling fishing equipment.

(3) The Council Chair shall be knowledgeable about finfishing, but impartial to recreational and commercial fishing interests.

(d) No council member shall be employed by the Department.

(e) Appointments to Council shall be for terms of up to 4 years to ensure that no more than 2 members’ terms shall expire in any year.

(f) A majority of members appointed to Council shall constitute a quorum to conduct official business.

(g) The Council shall meet and conduct official business after the Chair 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.

(h) 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.

(i) The Council shall submit a report to the Delaware General Assembly prior to January 1 of each calendar year and said report shall consist of the following:

(1) Council’s recommended revisions, additions, or deletions to this chapter, if any.

(2) A summary of Council’s activities of the previous year.

(j) A council member may be removed at any time for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.

(1) A member who is absent from 3 consecutive Council meetings without good cause or who attends less than 50% of Council meetings in a calendar year shall be deemed in neglect of duty.

(2) Any member who is deemed in neglect of duty shall be considered to have resigned.

64 Del. Laws, c. 251, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 99, § 1.