Title 7 — Conservation

§ 926. Extracting oil or making fertilizer from food and game fish; penalty. (a) No person shall have in his or her possession and/or bring into this State any finfish, other than menhaden, legally taken in this State or other waters, for the purpose of extracting oil therefrom, …

§ 927. Fishing with trawl nets, purse seines, run around gill nets; penalty; exceptions. (a) No person shall fish with or use in the tidal waters of this State any type of trawl net that is operated in any manner by wind or sail power, motor power, hydraulics, pulleys, by being p…

§ 928. Interstate transfer of finfish. (a) No person who catches food fish outside the jurisdictional boundaries of the State shall land and/or transfer said food fish from said person’s vessel to a shore or any facility located in the State for the purpose of transporting, selli…

§ 928A. Trade in shark fins; penalty. (a) For the purpose of this section: (1) “Shark” shall mean any species of the subclass Elasmbranchii, exclusive of the Spiny dogfish (Squalus acanthias) and Smooth dogfish (Mustelus canis); and (2) “Shark fin” shall mean the raw, dried or ot…

§ 929. Size limits on finfish; exceptions [Subject to the provisions of 64 Del. Laws, c. 251, § 4]. (a) Unless otherwise provided in this chapter or by regulation promulgated by the Department or permit issued by the Division subsequent to April 27, 1984, no person shall possess …

§ 930. Striped bass spawning areas. (a) For purposes of this chapter or any regulation promulgated by the Department or permit issued by the Division, striped bass spawning areas in the State shall mean the Nanticoke River and its tributaries and the Chesapeake and Delaware Canal…

§ 931. Theft and attempted theft of fishing equipment or finfish from fishing equipment. (a) No person shall take and/or remove any finfish from any fishing equipment that is owned by another person without having received written authority to take and/or remove said finfish. (b)…

§ 932. Removal and inspection of fishing equipment by authorized personnel; confiscation and sale of illegally used equipment. (a) Any authorized employee of the Department may inspect any fishing equipment placed in the tidal waters of this State. (b) Any authorized employee of …

§ 933. Search of persons, boats, vessels and commercial facilities. Any authorized employee of the Department, after determining there is probable cause that there has been a violation of this chapter or any regulation promulgated by the Department or any permit issued by the Div…

§ 934. Seizure and forfeiture of finfish. (a) Any authorized employee of the Department who has probable cause to believe that there is a violation of this chapter or any regulation promulgated by the Department or permit issued by the Division may seize the following items under…

§ 935. Sale of seized finfish. (a) Except as otherwise provided in this chapter, in view of the perishable nature of fish, any employee of the Department authorized to enforce this chapter or any regulation promulgated by the Department or permit issued by the Division who seizes…

§ 936. Enforcement; penalties; seizure and forfeiture of illegally used property; injunctions; false statements. (a) The Secretary, the Department and persons authorized by the Secretary shall enforce this chapter and any regulation promulgated by the Department or any permit iss…

§ 937. Suspension or refusal to issue commercial finfishing license. If a commercial fisher during a 1-year period has committed 3 or more violations of any provision of this chapter or any regulation promulgated by the Department or permit issued by the Division and is convicted…

§ 938. Creel limits on finfish; exceptions. (a) Unless otherwise provided in this chapter, or by regulations promulgated by the Department, or permit issued by the Division, a fisher shall not have in possession at or between the place caught and the fisher’s personal abode or te…

§ 939. Fishing seasons; exception. (a) Notwithstanding § 938 of this title, it shall be unlawful for any person to possess or retain more than 3 tautog (Tautoga onitis) during the period beginning at 12:01 a.m. on April 1 through and including midnight on June 30 next ensuing exc…

§ 940. Food fish dealer permits. (a) If a fishery management plan approved by the Secretary of the U.S. Department of Commerce or Atlantic States Marine Fisheries Commission requires the commercial landings of a food fish species to be managed with a quota, said food fish species…

§ 941. Headboat/charter boat fishing permits; reporting requirements. (a) If a fishery management plan approved by the Secretary of the U.S. Department of Commerce or Atlantic States Marine Fisheries Commission requires the landings of a finfish species by headboats and charter b…

§ 942. Control of invasive finfish species, including for use as bait [For application of this section, see 84 Del. Laws, c. 528, § 4]. (a) Definitions. — (1) “Invasive finfish species” means a non-native finfish species, including the eggs thereof or other biological material, c…

§ 943. Tagging striped bass. The affixing of a tag on a striped bass by a commercial fisherman shall be required before landing or putting on shore.80 Del. Laws, c. 165, § 1;

§§ 944-957.

§ 1301. Arrest of violators without warrant by license holders. Every person holding a license for hunting or fishing, as prescribed by law, may arrest, without warrant, violators of this part.26 Del. Laws, c. 162, § 10; Code 1915, § 2367; Code 1935, § 2813; 7 Del. C. 1953, § 130…

§ 1302. Arrest of violators without warrant by freeholder, leaseholder or employee. Any freeholder or leaseholder or member of his or her family or any person in his or her employ may arrest, without warrant, any person who, upon the freehold or leasehold, commits any violation o…

§ 1303. Confiscation and disposition of game and fish unlawfully taken. The Department shall confiscate all game and fish unlawfully taken or had in possession, and dispose of the same by destroying it or distributing it among charitable institutions.26 Del. Laws, c. 162, § 13; C…

§ 1304. Environmental misdemeanors, environmental violations, sentences and fines. (a) Violations of Chapters 1, 5, 6, 7, 9, 18, 19, 21, 23, 24, 25, 26, 27, and 28 and of subchapter I of Chapter 11 of this title or Department orders, rules or regulations promulgated to implement …

§ 1305. Violations by corporations; service; collection of fines. Where a corporation is accused of violating this part, the warrant of arrest may be read to the president, secretary, or manager in this State, or to any general or local agent thereof in any county where the actio…

§ 1306. Failure of officer or Fish and Wildlife Agent to do duty; penalty. Whoever, being an official, officer or Fish and Wildlife Agent, fails to perform any act, duty or obligation enjoined upon the person by this part, shall be guilty of a class D environmental violation.26 D…

§ 1307. Report to Department. Any court or officer of any court, before whom any prosecution, under this part, is commenced or shall go on appeal, and within 20 days after trial or dismissal thereof, shall report in writing the result thereof and the amount of fine or forfeiture …

§ 1308. Affidavit, complaint or indictment charging several offenses; proof. Two or more offenses may be charged in the same affidavit, complaint or indictment. Proof as to a part of a bird, animal or fish shall be sufficient to sustain a charge to the whole of it. The violation …

§ 1309. Jurisdiction of justices of peace; appeal; bond. (a) The justices of the peace in this State shall have jurisdiction of all offenses under this part, unless another court is given exclusive jurisdiction. (b) Any person charged before a justice of the peace with a violatio…

§ 1310. Illegal possession of Atlantic sailfish, blue marlin, white marlin and striped marlin; penalties. (a) No person shall sell, possess for sale, offer for sale, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transpor…

§ 1311. Fines payable by mail. (a) Applicability. — Any duly constituted law-enforcement officer of the Department of Natural Resources and Environmental Control or peace officer in this State, who charges any person with any of the offenses which are violations of laws or regula…

§ 1312. Wildlife Theft Prevention Special Fund. (a) There is hereby established by this section a Wildlife Theft Prevention Special Fund which shall consist of: (1) Moneys received from fines imposed for violations of Chapters 1, 5, 6 and 7 of this title; (2) Moneys received from…

§ 1313. Peace officers ex officio Fish and Wildlife Agents. All constables and police officers, and all other peace officers of this State, shall be ex officio Fish and Wildlife Agents.70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, § 107; 78 Del. Laws, c. 266, § 12;

§ 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…

§§ 1709-1729. [Reserved.]

§§ 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.…