Title 23, Navigation and Waters

§ 104. Complaint and hearing procedures. (a) Complaints pertaining to the subject matter of this chapter shall be filed and processed in accordance with § 8735 of Title 29. (b) The Board shall conduct hearings in accordance with Chapter 101 of Title 29.16 Del. Laws, c. 449, § 1; …

§ 105. Appeals from Board’s decisions. Where the pilot is in disagreement with the action of the Board, the pilot may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the pilot. Upon such …

§ 106. Expenses of Board; renewal license fee. To provide a fund for the payment of necessary expenses of the Board in the performance of its duties, each pilot licensed by this chapter shall, upon every renewal of the pilot’s license, pay to the Division of Professional Regulati…

§ 111. License requirements; examinations; fee. Any person desiring to engage in the occupation of a pilot in the Bay and Delaware River shall apply in person to the Board of Pilot Commissioners for a license to entitle that person to follow that occupation. At least 4 members of…

§ 112. Classes of licenses. Six classes of licenses shall be granted: (1) First class, to persons capable of piloting ships or vessels of any practical draft of water. (2) Second class, to persons capable of piloting ships or vessels drawing 45 feet of water or under. (3) Third c…

§ 113. Qualifications for licenses; limitation on numbers of pilots; maximum age of licensees; neglect of duties. (a) No license of the first, second, third, fourth, fifth or sixth class shall be granted to any person unless that person has heretofore held or does now hold such l…

§ 114. Apprenticeship program. (a) According to the needs and dictates of commerce and the interests of public safety, the Board shall from time to time solicit applications for and make appointments of apprentice pilots. No person shall be appointed to be an apprentice who does …

§ 115. Term of license; renewal. Each license shall be renewed annually, in such a manner as is determined by the Division of Professional Regulation, and upon payment of the appropriate fee determined by the Secretary of State, and submission of a renewal form provided by the Di…

§ 117. Piloting without license; penalty. (a) Whoever exercises the profession of pilot in the Bay or River Delaware, the navigable tributaries thereof, including the C & D Canal, or upon any other waters designated as pilotage waters by the Board, without a current license grant…

§ 118. Grounds for discipline. (a) Pilots regulated under this chapter shall be subject to disciplinary action if after a hearing the Board finds: (1) Illegal, incompetent or negligent conduct in the performance of piloting; (2) Excessive use or abuse of drugs (including alcohol,…

§ 119. Fees. Within the limits provided, the amount to be charged for each fee imposed under this chapter and to be collected by the Board, shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board.64 Del. Laws, c. 360, § 12;

§ 120. Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 118 of this title applies to a pilot regulated by this chapter: (1) Issue a letter of reprimand; (…

§ 121. Receipt of pilots by vessels; penalties for refusal; jurisdiction. (a) Except vessels of less than 100 gross tons, every foreign vessel and every vessel engaged in foreign commerce or trade entering, departing or underway upon the Delaware Bay or River, the navigable tribu…

§ 122. Exception as to receipt of pilots by certain coastal vessels. No vessel employed in and licensed for the coasting trade shall be obliged to receive a pilot or be subjected to the payment of pilotage in case of refusal to receive such pilot, except ships or vessels bound to…

§ 123. Acceptance by inward bound vessel of pilot first offering. The pilot who first offers services to any inward bound ship or vessel shall be entitled to take charge thereof, if the pilot’s license authorizes the pilot to pilot ships or vessels of such draught of water. Such …

§ 126. Outward bound vessel to discharge pilot; penalty. Every master or commander of a ship or vessel outward bound shall remain 6 hours after arrival at the Capes to give to the pilot on board such ship or vessel an opportunity to be taken out. If the master or commander of suc…

§ 130. Definitions. As used in this chapter: (1) “Deep draft vessel” shall mean any vessel which by virtue of its draft is limited in its ability to navigate such that its navigation will be of extraordinary duration or will occasion its pilot extraordinary care or trouble. (2) “…

§ 131. Pilotage rates. (a) For services rendered on and after January 1, 1990, the rates of pilotage for conducting a vessel from the Capes of the Delaware to a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and D…

§ 132. Compensation of pilot carried to sea. If it happens that any pilot having a boat attending the pilot is carried to sea in any ship or vessel, contrary to the pilot’s inclinations, by stress of weather or other unavoidable accident, the master, owner or consignee of such sh…

§ 133. Compensation of pilot carried to other port. When any inward bound ship or vessel having a pilot on board is prevented by the ice or by any other cause from proceeding to any port on the Bay or River Delaware, and is compelled to proceed to some other port or place not in …

§ 134. Compensation for extraordinary piloting services. Any vessel which has suffered any casualty limiting the capabilities of its steering, propulsion or navigational equipment or which is otherwise limited by its speed, draft or other factor in its ability to navigate such th…

§ 135. Ships detained to discharge pilot; compensation. When any ship or vessel having a pilot on board is detained by order of the master, owner or consignee of such vessel by quarantine or by ice and conducted by such pilot to a place of safety, the master of any such ship or v…

§ 136. Compensation for detention. Any pilot retained as pilot on a vessel inward bound to the Delaware Breakwater shall be allowed detention money at the rate of $100 for every 24 hours or any portion thereof that the pilot may have been retained, after the expiration of 24 hour…

§ 137. Legal fee limits; penalty. No licensed pilot shall demand, ask or receive, for any pilotage of any vessel or for any other services for which compensation is fixed by law, a greater sum than is authorized by this chapter. The Board of Pilot Commissioners, whenever it has b…

§ 138. Pilotage for outbound deep draft vessels. Outbound deep draft vessels shall be assigned 2 pilots for the outbound passage, and the vessel’s pilotage rate for such passage shall be doubled to account for the use of the 2 pilots.69 Del. Laws, c. 20, § 26;

§ 1101. Casting ballast in tideway; penalty. Whoever casts into the tideway of the Delaware Bay or River, above Bombay Hook Island or within 1/2 mile of the mouth of any navigable stream between the Island and the Delaware Breakwater or within 3 miles of the breakwater, any balla…

§ 1102. Sweeping for anchors, cables or buoys near breakwater; penalty. Whoever sweeps for or takes possession of anchors, cables or buoys within 1 mile of the Delaware Breakwater or ice breaker, unless it be the person who has lost such anchor, cable or buoy, or the person’s age…

§ 1103. Regulation of anchorage. Vessels anchoring in any river or creek shall do so out of the channel and as near the shore as they can with safety, and, when necessary, shall moor parallel with the channel, so as to leave a free passage, or they shall be held liable, as for gr…

§ 1104. Obstructions interfering with use of shore or harbor. Whoever causes any obstruction to be erected or placed or remain upon the shore of any navigable river in this State so as to interfere with the public use of the river shore or harbor of any city or town situated upon…

§ 1105. Mistreatment of buoy, beacon and daymark; notice; penalty; disposition of fine. Whoever moors any vessel or vessels of any kind or name whatsoever or any raft or any part of a raft to any buoy, beacon or daymark placed in the waters of Delaware by the authority of the Com…

§ 1106. Anchoring on range line of range lights; penalty. No vessel shall anchor on the range line of any range lights established by the Commandant of the United States Coast Guard in this State. The master of any vessel so anchoring shall be fined not more than $50.16 Del. Laws…

§ 1107. Lien on vessel causing damage. The cost of repairing or replacing any buoy, beacon or daymark which has been misplaced, damaged or destroyed by any vessel or raft whatsoever, having been made fast to any such buoy, beacon or daymark, shall, when the same has been legally …

§ 1108. Obstructions of navigation in St. Jones’ River; penalties. Whenever any obstruction to the navigation of the St. Jones’ River occurs, by reason of dirt or other material falling or being washed into the River, in consequence of any wharf thereon being out of proper repair…

§ 1109. Anchoring regulations in St. Jones’ River. No captain or commander of any vessel, boat, barge or scow shall moor, anchor or make fast in any manner to the west side of the St. Jones’ River, commonly known as the Murderkill side, within 1/2 mile of the mouth of the River. …

§ 1110. Obstruction of navigation in Murderkill River and Spring Creek. Whoever fills up or designedly or intentionally injures or obstructs any canal already cut between the waters of Murderkill River and Spring Creek, or either of the streams and the branches of the other, or i…

§ 1111. Removal or destruction of channel stakes in Murderkill River; penalty. Whoever wilfully destroys or removes any of the stakes settled and planted to designate the channel of Murderkill River, by and under the authority of 13 Del. Laws, c. 153, shall be fined $20 for each …

§ 1112. Liability for collision caused by anchoring in Deep Hole below Broadkiln Creek. Whenever any captain or commander of a vessel anchors any vessel under the captain’s or commander’s charge within the limits of the place known as the Deep Hole, just below the mouth of Broadk…

§ 1113. Regulations for anchoring at mouth of Mahon’s River; penalties; jurisdiction. No boat or vessel of any kind or description shall anchor, moor, make fast or cause to be anchored, moored or made fast so it may swing in the western half of the mouth of Mahon’s River, commenc…

§ 1301. Control by owner or owners of more than half part; master’s refusal to surrender; penalty. Every vessel owned by a citizen or citizens of this State shall be subject to the control of the vessel’s owner, if there be but 1, or, if such vessel be owned by several jointly or…

§ 1302. Forcible, fraudulent or secret taking of vessel; penalty. Whoever forcibly, fraudulently or secretly takes or attempts to take and remove any vessel from any harbor, river, creek or sound within this State, on any pretense whatever, shall be fined not more than $500, and …

§ 1303. Vessels adrift or abandoned on public property and lost, abandoned, or stolen property relating to vessels. (a) A person finding or having in that person’s own possession a vessel that was adrift or abandoned, or any lost, abandoned, or stolen property relating to a vesse…

§ 1304. Vessels and property relating to vessels adrift or abandoned on private property. (a) Abandoned vessels and property relating to vessels on the strand on private property, such as private waters, private subaqueous land, private marinas, private docks, and private boatyar…

§ 1305. Penalties; jurisdiction. A person who abandons a vessel or property relating to a vessel on public or private property for more than 30 days or who violates any other provision of § 1303 or § 1304 of this title is subject to a civil penalty of not less than $100 nor more …

§ 1501. Limitation on wharves in City of New Castle. Whoever builds or extends any wharf or wharves or landing places, filled up solid from the foundation into the Delaware River, further than by the determination and limitation by the City Council of the City of New Castle of th…

§ 1502. Laurel River; wharf lines and limitations. Commissioners appointed under 18 Del. Laws, c. 224, having adjusted and determined certain limits on each side of the Laurel River in Sussex County, from the iron bridge over the river down river, to which wharves may be extended…

§ 1503. Enforcement of Laurel River restrictions. The Levy Court Commissioners of Sussex County, upon complaint of 1 or more inhabitants of either of the Fourth or Fifth Representative Districts, that any wharf, platforms, landing place, marine railway, pier, pile, abutment or ot…