Title 7 — Conservation

§ 2107. Oyster Recovery Fund. (a) There is hereby established an Oyster Recovery Fund which shall be funded from the following sources: (1) Fee received by the Department for oyster harvesting licenses; (2) Revenue received by the Department for oyster harvest fees; and (3) Fees …

§ 2108. Importation of oysters prohibited. It shall be unlawful for a person to bring oysters from outside the State to be placed in the waters of the State without the prior written permission of the Department.73 Del. Laws, c. 132, § 1; 70 Del. Laws, c. 186, § 1;

§ 2109. Oyster harvesting from private leased beds. (a) Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays, it shall be unlawful for any person to harvest oysters from leased shellfish grounds unless said person notifies the Department of said harvest at…

§ 2301. Minimum size. It shall be unlawful for any person to take from any waters within the jurisdiction of the State or have in his or her possession at any time any hard-shell blue crab measuring less than 5 inches from tip to tip, nor any soft-shell blue crab measuring less t…

§ 2302. Female blue crabs bearing eggs. It shall be unlawful for any person to take or have in his or her possession or offer for sale at any time any female blue crab bearing eggs visible thereon (sponge crabs), or any female blue crab from which the egg pouch or bunion has been…

§ 2303. Commercial crab pot or trotline license. (a) It shall be unlawful for any person to catch or land crabs for commercial purposes in this State unless said person has applied for and secured from the Department and has in said person’s possession a valid commercial crab pot…

§ 2304. Area permitted for commercial crabbing. It shall be unlawful for any commercial crabber to catch or take, or attempt to catch or take, for commercial purposes any hard-shell, soft-shell or peeler crabs from any waters of the rivers and bays of this State and the tributari…

§ 2305. Seasons; limits. (a) No person shall catch and take or attempt to catch and take crabs in any of the waters under the jurisdiction of this State with any commercial crab pot or trotline between December 1 of each year and the last day of February immediately following. (b…

§ 2306. Marking of commercial crab pots, trotlines, and vessels; penalties. (a) The buoys of all crab pots and trotlines placed for commercial purposes shall be colored a specific color combination as assigned to each commercial crab pot and trotline licensee. The crabbing vessel…

§ 2307. Crab dredger’s license; fees. It shall be unlawful for any person to dredge for blue crabs in this State unless said person has applied for and secured from the Department and has in his or her possession a valid crab dredger’s license. The fee for a resident crab dredger…

§ 2308. Area where dredging permitted; method of taking; crabs taken by oysterers or clammers. (a) Dredging for blue crabs is permitted only on unleased shellfish grounds in Delaware Bay. Under no circumstances shall any person operate a dredge for the purpose of taking crabs ove…

§ 2309. Unloading locations. It shall be unlawful for any person to unload blue crabs taken from the waters or shellfish grounds within the jurisdiction of the State at any port or unloading facilities located outside the geographic boundaries of the State.60 Del. Laws, c. 513, §…

§ 2310. Noncommercial crabbing; daily limits. (a) Noncommercial crabbing is permitted in any of the waters under the jurisdiction of the State unless otherwise posted by the Department. (b) It is unlawful for any person actively engaged in noncommercial crabbing to sell any crabs…

§ 2311. Crab pot and trotline attendance; abandonment; confiscation; forfeiture. (a) (1) It shall be unlawful for any person who places, uses or sets a crab pot in the tidal waters of this State to fail to tend and remove crabs from said crab pot at least once every 72 hours. (2)…

§ 2312. Vessels used by commercial crab dredgers in Delaware waters. (a) It shall be unlawful for a crab dredge licensee to dredge crabs from the waters of this State from any vessel other than 1 vessel owned and operated by said crab dredge licensee. The vessel shall be listed o…

§ 2401. Minimum size. It shall be unlawful for any person to possess hard clams taken from the waters under the jurisdiction of the State which measure less than 11/2 inches. Any commercial measure of hard clams shall not contain more than 5% clams that are less than 11/2 inches.…

§ 2402. Commercial clam tong/rake license. It shall be unlawful for any person to tong or to rake clams for commercial purposes in this State unless said person has applied for and secured from the Department and has in his or her possession a valid clam tong/rake license. The fe…

§ 2403. Area permitted; method of taking under clam tong/rake license. (a) It shall be unlawful to take clams from any leased shellfish grounds or contaminated area, as determined by the Department, in Delaware Bay, Indian River and Bay, Rehoboth Bay, Little and Big Assawoman Bay…

§ 2404. Commercial dredge clam license. It shall be unlawful for any person to dredge for hard clams in this State unless said person has applied for, secured from the Department and has in his or her possession a valid clam dredger’s license. The fee for a resident clam dredger’…

§ 2405. Commercial dredge clam license — Area permitted; method of taking under commercial dredge clam license. (a) It shall be unlawful to dredge for hard clams with a commercial dredge clam license on leased shellfish grounds, except that a person may dredge hard clams from his…

§ 2406. Seasons; limits. Except in the case of clams reared on shellfish aquaculture lease sites on Delaware’s Inland Bays, the Department will establish by regulation the seasons for the taking of clams and/or limit the number of clams which may be harvested commercially by any …

§ 2407. Unloading locations. It shall be unlawful for any person to unload hard clams taken from the waters or shellfish grounds within the jurisdiction of the State at any port or unloading facilities located outside the geographic boundaries of the State.60 Del. Laws, c. 513, §…

§ 2408. Noncommercial clamming permit. (a) It shall be unlawful for any person to harvest, in any 1 day, hard clams for noncommercial purposes in excess of the daily recreational clam limit unless said person has applied for and received from the Department, and has in his or her…

§ 2409. Recreational clamming. The Department will establish, by regulation, the seasons for the taking of clams and/or limit the number of clams which may be taken for recreational purposes.60 Del. Laws, c. 513, § 2; 76 Del. Laws, c. 71, § 13;

§ 2501. Size limit. It shall be unlawful for any person to take from any waters within the jurisdiction of the State or have in that person’s possession at any time any American lobster with a minimum carapace length measuring less than 31/4 inches between January 1, 1989 and Dec…

§ 2502. Female lobsters bearing eggs. It shall be unlawful for a person to take, offer for sale or have in his or her possession at any time any female lobster bearing eggs visible thereon (berried lobsters) or any female lobster from which the eggs have been removed.7 Del. C. 19…

§ 2503. Landing of dismembered lobsters. It shall be unlawful for any person, firm or corporation to bring to shore in Delaware or have in possession on the waters of this State any dismembered lobsters, detached tails or claws, picked or cooked lobster meat.60 Del. Laws, c. 513,…

§ 2504. Commercial lobster pot license. (a) It shall be unlawful for any person to catch or land lobsters for commercial purposes in this State unless said person has applied for, secured from the Department and has in his or her possession a valid commercial lobster pot license.…

§ 2505. Area permitted; method of taking. (a) Potting for lobsters is permitted in any waters under the jurisdiction of the State. (b) It shall be unlawful to take or attempt to take lobsters for commercial purposes by any method other than a lobster pot. The number of and design…

§ 2506. Marking of commercial lobster pots and vessels. The buoys of all lobster pots placed for commercial purposes shall be marked with the color code and number that is assigned to each commercial lobster pot licensee. All buoys must be of a positive flotation material. The lo…

§ 2507. Seasons; limits. The Department will establish by regulation the seasons for the taking of lobsters and will determine the number of lobster pots which may be set by any 1 licensee. If, in its discretion, the Department determines from biological evidence that emergency r…

§ 2508. Noncommercial lobstering. (a) A lobster pot placed by a person for noncommercial purposes shall be marked with a buoy painted white and have black lettering, and be marked with the initials “N.C.” followed by a dash and then followed by the owner’s initials (i.e., John Sm…

§ 2509. Unloading locations. It shall be unlawful for any person to unload lobsters taken from the waters or shellfish grounds within the jurisdiction of the State at any port or unloading facilities located outside the geographic boundaries of the State. Any person violating thi…

§ 2601. Commercial surf clam license. It shall be unlawful for any person to harvest surf clams in this State unless said person has applied for and secured from the Department of Natural Resources and Environmental Control and has in his or her possession a valid surf clam harve…

§ 2602. Seasons. The Department will establish by regulation the seasons for the harvesting of surf clams.64 Del. Laws, c. 243, § 2;

§ 2603. Minimum size. It shall be unlawful for any person to possess surf clams taken from the waters under the jurisdiction of the State which measure less than the size limit designated by the Department.64 Del. Laws, c. 243, § 2;

§ 2604. Permitted harvesting areas. (a) It shall be unlawful to harvest surf clams in any waters designated as contaminated by the Department. (b) The Department may open and close harvesting areas by regulation. If, in its discretion, the Department determines from biological ev…

§ 2605. Penalty. Any person who violates this chapter shall be fined not less than $100 nor more than $1,000 for a first offense. For each subsequent conviction, a person shall be guilty of a class C environmental violation for the first offense. For each subsequent conviction, a…

§ 2701. Authority of the Department. (a) The Department shall establish and administer a program for the conservation and management of horseshoe crabs. Such program shall include the promulgation of regulations for: (1) Administration of a permitting system and issuance of permi…

§ 2702. Scientific collecting permit. The Department may issue a scientific collecting permit to a person to permit the collecting of horseshoe crabs solely for scientific, medical or educational purposes. There shall be no fee for this collecting permit. The person shall apply t…

§ 2703. Dredging. Unless otherwise authorized by the Department, it shall be unlawful for any person to use dredges to take horseshoe crabs in this State unless said person has a valid horseshoe crab dredge permit issued annually by the Department. The fee for a resident horsesho…

§ 2704. Collecting permits for other than scientific purposes. (a) A commercial collecting permit shall be required of any individual 16 years of age or older, (including a property owner), collecting horseshoe crabs, except for personal, noncommercial uses. The collection fee to…

§ 2705. Penalties. (a) Any person who is convicted 2 times in the same calendar year for violations of this chapter or any regulation promulgated by the Department pursuant thereto shall be subject to the following provisions: (1) If the person holds a valid permit at the time of…

§ 2801. Definitions. (a) “Bullrake” means any rake with a width of more than 14 inches measured perpendicular to the tines or any rake with a handle of more than 7 feet. (b) “Conch pot” means any pot, basket, box, cage, container or other similar catching device that has at least…

§ 2802. Commercial conch pot license; fees; exemptions. (a) It shall be unlawful for any person to catch, take or harvest conchs while fishing more than 2 conch pots in the waters of this State unless said person has in possession a valid commercial conch pot license. (b) It shal…

§ 2803. Commercial conch dredge license; fees; exceptions. (a) It shall be unlawful for any person, while operating a vessel equipped with a dredge or a vessel with a bullrake on board, to possess more than 15 bushels of conchs unless said person has in possession a valid commerc…

§ 2804. Minimum size. It shall be unlawful for any person to possess any conch which measures less than a minimum possession size limit specified in regulations promulgated by the Department. The Department is authorized to promulgate regulations to establish the minimum possessi…

§ 2805. Areas closed for commercial conch potting or dredging. It shall be unlawful for any person to operate a dredge for the purpose of catching, taking or harvesting conchs over leased shellfish grounds, natural oyster beds or other areas declared closed to dredging for conchs…

§ 2806. Seasons closed for commercial conch potting or dredging. The Department is authorized to promulgate regulations that close seasons to either dredging or potting for conchs.69 Del. Laws, c. 284, § 4;

§ 2807. Marking of conch pots. (a) In Delaware’s internal waters, it shall be unlawful for any commercial conch pot licensee to catch, take or harvest conchs with any conch pot or attempt to catch, take or harvest conchs with any conch pot unless each conch pot is attached to a f…