Title 7 — Conservation

§ 1803. Use of funds derived from sale of commercial licenses. All funds derived from the issuances of commercial eel fishing licenses shall be deposited by the Department in the General Fund.61 Del. Laws, c. 256, § 1;

§ 1804. Reciprocity for commercial nonresident licenses. When by or pursuant to the laws or regulations of any other state, should any other state impose any tax, other fee or restrictions on nonresidents for the privilege of commercial eel fishing within its boundaries, which ta…

§ 1805. Commercial license number. (a) The Department shall assign a number to all commercial eel fishing licensees. (b) It shall be unlawful for a commercial eel fishing licensee to fish with commercial eel fishing gear without fixing his or her assigned number in 2 inch block n…

§ 1806. Prohibited fishing devices and substances. (a) It shall be unlawful for any person to make use of any net, trap, catching device, contrivance, explosive, chemical or substance whatsoever, except commercial eel fishing gear or noncommercial eel fishing gear as defined in §…

§ 1807. Illegal use or destruction of fishing gear. It shall be unlawful for any person to fish, lift, remove or wilfully damage or destroy any commercial or noncommercial eel fishing gear owned by another person, except that employees of the Department may inspect commercial eel…

§ 1808. Penalty. Any person who violates any of the provisions of this chapter shall be guilty of a class C environmental violation. Justices of the Peace Courts shall have jurisdiction over offenses under this chapter.61 Del. Laws, c. 256, § 1; 79 Del. Laws, c. 421, § 7;

§ 1809. Department of Natural Resources and Environmental Control; authority; regulations. (a) The Department of Natural Resources and Environmental Control shall administer and enforce the laws and regulations of this State relating to eel fishing. The Department shall have the …

§ 1810. Temporary limits [Effective until fulfillment of requirements in the introductory paragraph of this section]. The following limits prescribed by the Atlantic States Marine Fisheries Commission for eel on August 20, 2013, shall be in effect until the Department adopts regu…

§ 1811. . Quota management system implementation. If a fishery management plan approved by the Atlantic States Marine Fisheries Commission requires the implementation of a quota management system for commercial landings of eel, any regulations adopted by the Department of Natural…

§ 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 …

§ 2001. 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) “Certified dealer” shall mean anyone who is certified by the Department a…

§ 2002. Duties of Department; powers; making and enforcing regulations. (a) The Department is authorized to adopt, promulgate, amend and repeal regulations consistent with Titles 7 and 29 which shall be enforced by the Department for the following purposes: (1) To issue and admin…

§ 2003. 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 Registrar of Regulations. The regulations of the Department shall be published by the Department in convenient form and distrib…

§ 2004. Unlawful taking of shellfish on areas leased for aquaculture purposes. (a) It shall be unlawful for anyone to take any bivalve shellfish from any shellfish aquaculture grounds leased to another unless specifically authorized in writing by the holder of said lease. (b) It …

§ 2005. 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 in Delaware’s Inland Bays to be used for shellfish aquaculture beneath the waters of this State, subject to …

§ 2006. Size and advertising of shellfish grounds; application for lease. (a) No shellfish grounds shall be leased to any person or persons, partnerships or corporations in tracts consisting of less than 1 acre or more than 5 acres in Rehoboth and Indian River Bays combined. All …

§ 2007. Fees for lease. (a) The Department shall charge a 1-time fee of $300 for each shellfish aquaculture lease application received or each request for the transfer of an existing shellfish aquaculture lease. This fee is nonrefundable even if the application is eventually reje…

§ 2008. Term of leases. (a) Shellfish aquaculture leases shall be renewable annually for a term of 15 years from the date of issue. In the event that the original lessee does not pay their annual leased acreage fee by December 31 of each year, then these formerly leased grounds w…

§ 2009. Harvester licenses. (a) For an annual fee of $25 the Department shall issue and administer shellfish aquaculture harvester licenses to any qualifying individual desiring to work on leased shellfish aquaculture sites who is not the lease holder of the shellfish aquaculture…

§ 2010. Reports; failure to submit. (a) Shellfish aquaculture lessees shall file reports on the number of shellfish planted on any leased areas in a manner and frequency as specified by Department regulation, but shall include as a minimum the number of bivalve shellfish planted …

§ 2011. Unlawful removal of shellfish or tampering with shellfish aquaculture equipment; presumptions, illegal harvesting gear. (a) It shall be unlawful for any person to intentionally tamper with, damage, take, carry away or remove shellfish or shellfish equipment from shellfish…

§ 2012. Penalties. (a) Any person convicted of violating any of the provisions of this chapter or regulations promulgated pursuant thereto shall have committed a class B misdemeanor subject to a fine of from $250 to $1,000 for the first offense and $1,000 for each offense thereaf…

§ 2013. Inspection and seizure. (a) Any employee, authorized by the Department, may board any boat, and inspect equipment, materials or shellfish, or leased subaqueous lands associated with or used in the taking or culture of shellfish for aquaculture purposes. (b) The Department…

§ 2014. Expiration of licenses and permits. All shellfish harvester licenses for a given year shall expire on December 31 each year.79 Del. Laws, c. 178, § 3;

§ 2015. Reciprocity for nonresident leases and licenses. 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 shellfish aquaculture or leasing of shellfish aquaculture …

§ 2101. Oyster harvesting license. Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays pursuant to Chapter 20 of this title, it shall be unlawful for a person to harvest oysters from the natural oyster beds or from leased shellfish grounds in the State un…

§ 2102. Natural oyster beds. (a) It shall be unlawful for a person to harvest oysters from the natural oyster beds at any time except as specifically authorized by the Department. (b) The Department shall determine on an annual basis the amount of oysters available for harvest fr…

§ 2103. Eligibility to harvest oyster for direct sale. (a) It shall be unlawful for a person to harvest oysters from the natural oyster beds for direct sale unless said person meets 1 of the following criteria: (1) Held at least 2 specific commercial shellfish licenses on Septemb…

§ 2104. Oyster harvesting methods. (a) It shall be unlawful for a person to use any hydraulic dredge or mechanical device employing a vacuum or suction for the harvesting of oysters from any natural oyster bed without the prior written permission of the Department. (b) It shall b…

§ 2105. Oyster harvest fees and tags. Except where otherwise noted, nothing in this section shall apply to oyster aquaculture products harvested from leased sites on Delaware’s Inland Bays: (1) An annual oyster harvest fee of $1.25 per bushel of oysters harvested from the State’s…

§ 2106. Authority. (a) The Department is authorized to adopt shellfish regulations to establish the dates for annual open seasons to harvest oysters from the State’s natural oyster beds. (b) The Department is authorized to adopt shellfish regulations to establish the areas where …