Title 7, Conservation

§ 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…

§ 2808. Conch pot attendance; abandonment; confiscation; forfeiture. (a) It shall be unlawful for any person who places, uses or sets a conch pot in the tidal waters of this State to fail to tend and remove conchs from said conch pot at least once every 72 hours. (b) Failure to t…

§ 2901. Applicability. The provisions of this chapter shall apply to the fisheries covered by Chapters 9, 18, 19, 21, 23, 24, 25, 26, 27 and 28 of this title which are or become closed to new entrants.78 Del. Laws, c. 263, § 1; 80 Del. Laws, c. 196, § 6;

§ 2902. Transfers of permits and licenses. Any person who holds a valid permit or license issued by the Department for any of the fisheries referenced and subject to § 2901 of this title shall be entitled to assign or transfer such permit or license to an eligible person as defin…

§ 2903. Eligibility. In order to be eligible for the transfer of a permit or license under this chapter the assignee or transferee of the permit or license shall be any of the following: (1) An apprentice with at least 150 days of commercial fishing experience; (2) An alternate o…

§ 2904. Death, incapacity and disability. (a) In the event of the death of a permit or license holder covered by this chapter any permit or license of the decedent may be transferred as follows: (1) The decedent may by will or other written document designate the recipient of any…

§ 2905. Notification and transfer or assignment. (a) Any person holding a permit or license, or such persons authorized representative as provided herein, shall provide written notification to the Department of the intent to transfer or assign the permit or license, and provide s…

§ 2906. Savings. The provisions of this chapter shall be in addition to and not affect any other entitlements or allowances regarding the transfer or assignment of permits and licenses covered by this chapter.78 Del. Laws, c. 263, § 1;

§§ 3001-3008. Findings and policy; definitions; powers and duties; Community Forestry Council; duties of Forestry Administrator; development, distribution of comprehensive community forestry plan; approval; annual report on the status of Delaware Urban and Community Forestry Prog…

§ 3701. Purpose of chapter; limitations. (a) It is recognized and declared that: (1) The soil resources and fertility of the land of this State, the economic use thereof, and the prosperity of the farming population of this State are matters affected with a public interest; (2) T…

§ 3702. Definitions. For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning: (1) “Other states of the United States” includes Puerto Rico. (2) “Person” includes an individual, corp…

§ 3703. Designation of state agency. The University shall be the state agency of this State to carry out the policy and purposes of this chapter and to formulate and administer state plans pursuant to the terms of this chapter.41 Del. Laws, c. 175, § 4; 7 Del. C. 1953, § 3703;

§ 3704. Formulation and administration of state conservation plans. (a) The University shall formulate for each calendar year and submit to the Secretary of Agriculture of the United States for and in the name of this State, a state plan for carrying out the purposes of this chap…

§ 3705. Receipt and disbursement of funds. (a) The University may receive on behalf of this State all grants of money or other aid made available from any source to assist the State in carrying out the policy and purposes of this chapter. All such money or other aid together with…

§ 3706. Additional powers and duties of the University. (a) The University shall utilize such available services and assistance of other state agencies and of voluntary county and community committees and associations of agricultural producers as it determines to be necessary or …

§ 3707. Agricultural communities. (a) The University shall designate within each county of this State such geographic units, which shall be called “communities,” as it determines to be the most convenient for the administration of this chapter and of state plans adopted pursuant …

§ 3708. Organization of producers and committees. The University shall establish and define the duties: (1) Within each community, of a voluntary association of agricultural producers all of whose members shall be entitled to equal rights; (2) Of a community committee within each…

§ 3709. State Advisory Board; selection; qualifications; functions. (a) The University shall, by regulations, provide for the selection of 6 persons of legal age, resident in this State, who shall be selected from the standpoint of their qualification by actual farming experience…

§ 3710. Reports. The University shall compile or require to be made such reports as it determines to be necessary or proper in order to ascertain whether any plans provided for in this chapter are being carried out according to their terms. The University shall provide for compli…

§ 3801. Declared public and common nuisance. The existence of growth of giant reed grass (Phragmites australis) is declared to be a public and common nuisance.64 Del. Laws, c. 263, § 1;

§ 3802. Department of Natural Resources and Environmental Control; investigations; rules and regulations; programs of control; acceptance of grants. (a) The State Department of Natural Resources and Environmental Control may make such investigations, studies and determinations as…

§ 3803. Agreements relating to eradication. The State Department of Natural Resources and Environmental Control may enter into an agreement with any designated county in this State for the purpose of control and eradication of Phragmites australis within that county. When such ag…

§ 3901. Declaration of policy. It is the policy of the State to provide for the preservation of the productive power of Delaware land and the optimum development and use of certain surface water resources of the State by furthering the conservation, protection, development and ut…

§ 3902. Definitions. For the purpose of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning: (1) “Board of district supervisors” or “board” means the governing body of a soil and water conservation…

§ 3903. Conservation districts. The 3 soil and water conservation districts heretofore created under this chapter shall hereafter be known as the Kent Conservation District, the New Castle Conservation District and the Sussex Conservation District, respectively, and the said dist…

§ 3904. Advisor to Department. The Department may invite the Secretary of Agriculture of the United States of America to appoint 1 person to serve with the Department in an advisory capacity.7 Del. C. 1953, § 3904; 54 Del. Laws, c. 188, § 2; 57 Del. Laws, c. 739, § 168;

§ 3905. General powers and duties of Department. (a) The Department shall: (1) Formulate policies and general programs to be carried out by the Department and by soil and water conservation districts for the prevention of erosion, floodwater and sediment damages and for the conse…

§ 3906. Boards of district supervisors; composition; term. (a) There shall be a board of supervisors for each district, each board to consist of 4 elected supervisors, an optional supervisor who, in Kent County shall be a member of the Levy Court, in Sussex County shall be a memb…

§ 3907. Organization of board; quorum; expenses of district supervisors. The board of district supervisors annually shall designate by election 1 of its members to be its chairperson, and shall designate future chairpersons by the same means. A majority of the board shall constit…

§ 3908. Soil and water conservation district; governmental subdivision; powers. A soil and water conservation district organized under this chapter shall constitute a governmental subdivision of this State, and such district, and the board of supervisors thereof, shall have autho…

§ 3909. Cooperation. Any 2 or more soil and water conservation districts organized under this chapter may cooperate with one another or with the State or any agency or subdivision thereof in the exercise of all powers conferred upon such districts or any or all duties prescribed …