Title 7, Conservation

§ 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 …

§ 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…