Title 7 — Conservation

§ 1901. Definitions. The following definitions shall apply to Chapters 19 through 28 inclusive of this title: (1) “Bivalve shellfish” means any species of shellfish having 2 shells connected by a hinge. (2) “Commercial purpose” means a person’s intent to sell shellfisheries to an…

§ 1902. Duties of Department; powers; making and enforcing regulations. (a) The Department shall have control and direction of the shellfish industry and of the protection of shellfish resources throughout this State. The Department may adopt, promulgate, amend and repeal regulat…

§ 1903. Filing of regulations. A copy of the regulations adopted pursuant to this chapter and any amendments thereto shall be filed in the office of the Secretary of State. The regulations of the Department shall be published by the Department in convenient form and distributed t…

§ 1904. Unlawful taking of shellfish. (a) It shall be unlawful to take any shellfish from any waters or shellfish grounds of this State unless specifically authorized by statute or regulation. (b) Except on leased shellfish aquaculture sites, it is unlawful to take or attempt to …

§ 1905. Leases. (a) Authorized lease of shellfish grounds. — The Department is hereby authorized to lease, in the name of the State, tracts or parcels of shellfish grounds to be used for protecting, planting and harvesting shellfish beneath the waters of this State, subject to th…

§ 1906. Size and advertising of shellfish grounds; application for lease. (a) Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays, no new shellfish grounds shall be leased to any person in tracts consisting of less than 50 or more than 100 acres. All new …

§ 1907. Fees for lease. (a) Except in the case of shellfish aquaculture in Delaware’s Inland Bays, the Department shall charge $0.90 per acre annually for shellfish grounds leased pursuant to this chapter to a resident of the State. (b) Except in the case of shellfish aquaculture…

§ 1908. Term of leases. (a) Except in the case of Delaware’s Inland Bays, all shellfish leases shall begin on January 1 and end December 31 of the same year. In no case shall a shellfish lease be transferred or subleased, except to a person eligible according to this chapter. (b)…

§ 1909. Actions subsequent to granting of lease. (a) Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays, upon approval of the application, the successful applicant will, within 30 days after location of the corners by the Department, mark all corners of …

§ 1910. Monthly report; failure to submit. Except in the case of shellfish aquaculture in Delaware’s Inland Bays, any person issued a commercial shellfishing license or permit by the Department shall file monthly reports of his or her catch by area, effort, species, and weight or…

§ 1911. Removal of shellfish; presumptions. (a) It shall be unlawful for any person to take, carry away or remove shellfish or equipment from shellfish grounds leased, pursuant to this chapter, to a person other than himself or herself. If convicted, said person shall be guilty o…

§ 1912. Penalties. (a) Any person who violates any of the provisions of Chapters 19, 21, 23, 24, 25 and 28 of this title, except §§ 1910, 1911, 2306, 2506, 2509 of this title, or any rules or regulations adopted pursuant thereto except those adopted under the auspices of Chapter …

§ 1913. Inspection and seizure. (a) Any employee, authorized by the Department, at a reasonable time may board any boat, inspect equipment, materials or shellfish, or lands associated with or used in the taking or cultivation of shellfish. (b) The Department may seize any shellfi…

§ 1914. Disposition of evidence. In the event that any shellfish are seized as evidence as a result of an investigation or an arrest for any violation of the statutes or regulations governing shellfish in the State, said shellfish shall be disposed of as deemed appropriate by the…

§ 1915. Licensees with disabilities. In the event a person with a commercial shellfishing license is disabled and unable to perform the physical requirements necessary to harvest, transport and/or market shellfish for which he or she is licensed to harvest, said person may be iss…

§ 1916. Expiration of licenses and permits. All licenses and permits issued pursuant to Chapters 21 through 28 of this title shall automatically expire on December 31 of each calendar year.7 Del. C. 1953, § 1906; 51 Del. Laws, c. 151, § 1; 57 Del. Laws, c. 739, § 89; 60 Del. Laws…

§ 1917. Reciprocity for commercial nonresident licenses. (a) This section applies to this title. (b) When by or pursuant to the laws of any other state, should any other state impose any tax, other fee or restrictions on nonresidents for the privilege of commercial shellfishing o…

§ 1918. Limited entry and transfer of commercial crabbing licenses. (a) Notwithstanding the provisions of § 2303 of this title, the Department shall not issue any commercial crab pot or trotline license to any new licensee after March 13, 1990, and shall not issue crab pot or tro…

§ 1919. Prohibition against the selling of both licenses and the privilege of being designated a designee; penalties [Repealed]. Repealed by 73 Del. Laws, c. 29, § 6, effective May 3, 2001.

§ 1920. Apprenticeships. An individual at least 15 years of age may enter into an agreement with an active commercial fisher licensed by the Department to serve as a commercial fishing apprentice to said commercial fisher. This agreement shall be in writing on a form provided by …