Title 7, Conservation

§ 1501. Governor to enter into Compact; provisions thereof. The Governor of this State shall execute a Compact on behalf of this State with any 1 or more of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Maryland, Virginia, Nor…

§ 1502. Atlantic States Marine Fisheries Commissioners; qualifications; term of office; vacancies; removal. (a) In pursuance of Article III of the Compact authorized in § 1501 of this title, there shall be 3 members (hereinafter called Commissioners) of the Atlantic State Marine …

§ 1503. Powers of Commission and Commissioners; duties of other state officials. The Commission and the Commissioners thereof shall have all the powers provided for in the Compact and all the powers necessary or incidental to the carrying out of the Compact in every particular. A…

§ 1504. Powers of Commission supplementary to powers vested by laws of other compacting states. Any powers granted to the Commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said Commission by other laws of th…

§ 1505. Receipts and disbursements of Commission; annual report; examination of accounts. (a) The Commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the General Assembly of the State on or before December 10 in each year…

§ 1701. Field trials; permit. Field trials with dogs may not be held in this State without first securing a permit from the Department. The Department may grant permits to bona fide field trial clubs or associations to hold field trials in this State under such rules and regulati…

§ 1702. Dogs on state coastal beaches. Whoever, being the owner, possessor, harborer or custodian of any dog, allows such dog to be upon the designated swimming or sunbathing area of a state coastal beach strand at any time between May 1 and September 30, inclusive, of any year, …

§ 1703. License for special dog training area; requirements. Upon application of any club or organization having 20 or more members who are citizens of this State, or upon application of 20 or more citizens of this State, and the payment of an annual registration fee of $10, the …

§ 1704. Stocking area; training therein; hunting and trapping. The licensees shall, from time to time, during each year stock each such area with 25 pieces of game per 100 acres at their own expense, under supervision of the Department, unless the Department determines that the a…

§ 1705. Marking of boundary lines; posting of notice; penalty. (a) The boundary lines of the special dog training area shall be plainly and conspicuously posted prior to September 1 of each year with legible notices, at least 10 inches by 12 inches in size, placed not more than 1…

§ 1706. Injuring or destroying fence, wire or poster; penalty. No person shall wilfully, negligently or maliciously cut, remove, cover up, deface or otherwise mutilate, injure or destroy any special dog training area boundary fence, wire or poster placed in accordance with this s…

§ 1707. Training of dogs; unlawful to carry firearm or projectile weapon; penalty. (a) The owner or custodian of any bird, rabbit, raccoon or fox dog, may train and break the same, at any time of the year, daylight or night, except during the months of March, April, May, June, Ju…

§ 1708. Penalties. (a) Whoever violates this chapter, unless otherwise specifically provided, shall be fined not less than $50 or more than $100 for each offense. For each subsequent offense, the person shall be fined not less than $100 or more than $250. All fines imposed follow…

§§ 1730-1740. Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; request for hearing; exceptions; hearing procedures; appeal; finding to declare a dog dangerous; duties of owner; finding to declare a dog potentially dangerous; duties of…

§ 1801. Definitions. (a) [Repealed.] (b) “Commercially fish” shall mean for any person to attempt to take, take, catch, kill or reduce to possession any eel for the purpose of selling, trading or exchanging for money, materials or services with another or to set or fish any comme…

§ 1802. Commercial license requirements; restrictions. (a) It shall be unlawful for any person to initially sell or offer for sale 25 or more eels per day unless the person selling or offering such eels for sale has a valid commercial eel fishing license issued by the Department.…

§ 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…