reglab/housing_qa huggingface dataset:
7 DE Code § 1903. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1903. Filing of regulations.

§ 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 to or made available to all persons shellfishing in Delaware who request this information. 7 Del. C. 1953, §  1907;  51 Del. Laws, c. 151, §  1;  57 Del. Laws, c. 739, §§  91, 92;  60 Del. Laws, c. 513, §  2;
7 DE Code § 1904. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1904. Unlawful taking of shellfish.

§ 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 take shellfish, except crabs, conchs (whelks) and clams, for commercial purposes on Sundays, provided however, that clams may not be taken for commercial purposes on any Sunday between and including this State's designated Memorial Day and Labor Day, next ensuing. (c) It shall be unlawful to take shellfish for commercial purposes between sunset and sunrise, except a commercial crab pot licensee or a commercial conch pot licensee may take blue crabs or conchs, respectively, 1 hour before sunrise. 60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 2, §  1;  67 Del. Laws, c. 194, §  4;  68 Del. Laws, c. 412, §§  1, 2;  69 Del. Laws, c. 284, §§  2, 3;  79 Del. Laws, c. 178, §  2;
7 DE Code § 1905. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1905. Leases.

§ 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 the provisions, limitations and restrictions set forth herein. (b) Shellfish grounds not leasable. — No lease, other than a scientific lease, shall be granted for any of the following shellfish grounds of this State, nor shall any person acquire by lease, assignment, appropriation or otherwise any of the following shellfish grounds:  (1) Except in the case of shellfish aquaculture in Delaware's Inland Bays, shellfish grounds within 1,000 feet of the natural shoreline (mean high water) of any waters under the jurisdiction of the State; (2) Natural oyster beds; (3) Any leasing of shellfish aquaculture grounds in Delaware's Inland Bays shall be governed by a separate chapter. (c) Scientific use of shellfish grounds. — The Secretary is hereby authorized to issue a permit in the name of the State to educational and/or scientific institutions for tracts or parcels of shellfish grounds to be used for scientific and/or management purposes determined by the Secretary to be in the best interests of shellfisheries management. Such permit shall contain at least the following information and criteria: Seasonal dates, seasonal harvest, size limits and the reason for the issuance of the permit. The cost of processing shall be paid by the applicant. 7 Del. C. 1953, §  1908;  51 Del. Laws, c. 151, §  1;  57 Del. Laws, c. 640;  57 Del. Laws, c. 739, §  93;  58 Del. Laws, c. 107, §  1;  60 Del. Laws, c. 513, §  2;  79 Del. Laws, c. 178, §  2;
7 DE Code § 1906. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1906. Size and advertising of shellfish grounds; application for lease.

§ 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 leases will be in a general rectangular shape. The restriction contained in this subsection shall not apply to those leases granted for scientific purposes as described in § 1905(c) of this title. (b) Except in the case of shellfish aquaculture leases on Delaware's Inland Bays, the Department shall annually advertise the general locations of shellfish grounds which may be leased and are not currently subject to a valid lease. Such advertisements shall be in 1 daily newspaper of statewide distribution and shall be published on 2 separate occasions at least 30 days apart between January 1 and March 1 of each calendar year. Upon specific request, the Department shall furnish a more detailed description of the specific shell-lands available for lease. (c) Except in the case of shellfish aquaculture leases on Delaware's Inland Bays, any person wishing to lease shellfish grounds in accordance with this section shall make application to the Department prior to March 15 on the form which shall be provided by the Department. Each application must be complete. The Department may require additional and/or supplemental information if deemed necessary. (d) Except in the case of shellfish aquaculture leases on Delaware's Inland Bays, in the event that more than 1 application is received for the same grounds, the grounds will be leased on a competitive sealed bid over and above the base fee for the first year. 60 Del. Laws, c. 513, §  2;  79 Del. Laws, c. 178, §  2;
7 DE Code § 1907. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1907. Fees for lease.

§ 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 in Delaware's Inland Bays, the Department shall charge $11.50 per acre annually for new shellfish grounds leased pursuant to this chapter to nonresidents. (c) Except in the case of shellfish aquaculture in Delaware's Inland Bays, the Department shall charge $1.75 per acre annually for shellfish grounds to nonresidents who hold valid leases at the time of adoption of this chapter. (d) Except in the case of shellfish aquaculture in Delaware's Inland Bays, in addition to the above application fee for a shellfish ground lease, there will be an additional charge of $17.25 per corner within 60 days of the approval and acceptance of a lease. The Department will inspect all corners for said leased grounds and where necessary will assist in the relocation of buoys to their correct location. All corners will be located in accordance with the lease as filed with the Department. 7 Del. C. 1953, §  1908;  51 Del. Laws, c. 151, §  1;  57 Del. Laws, c. 640;  57 Del. Laws, c. 739, §  93;  58 Del. Laws, c. 107, §  1;  60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 260, §  1;  79 Del. Laws, c. 178, §  2;
7 DE Code § 1908. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1908. Term of leases.

§ 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) Upon Department approval, a lease will be drawn up and executed by the Secretary and the applicant. Said lease shall be recorded with the Department and shall grant the exclusive shellfishing rights of those shellfish grounds to the lessee. 7 Del. C. 1953, §  1908;  51 Del. Laws, c. 151, §  1;  57 Del. Laws, c. 640;  57 Del. Laws, c. 739, §  93;  58 Del. Laws, c. 107, §  1;  60 Del. Laws, c. 513, §  2;  71 Del. Laws, c. 245, §  1;  79 Del. Laws, c. 178, §  2;
7 DE Code § 1909. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1909. Actions subsequent to granting of lease.

§ 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 the area leased with buoys or stakes approved by the Department. Such buoys or stakes shall, in addition to other requirements of the Department, extend vertically at least 6 feet above mean high water. (b) Except in the case of shellfish aquaculture leases on Delaware's Inland Bays, any buoys, or stakes removed, destroyed or broken in such a manner that said buoys or stakes are less than 6 feet above mean high water shall be replaced with a positive flotation buoy within 5 days and subsequently a buoy or stake extending 6 feet above mean high water within 30 days. 7 Del. C. 1953, §  1908;  51 Del. Laws, c. 151, §  1;  57 Del. Laws, c. 640;  57 Del. Laws, c. 739, §  93;  58 Del. Laws, c. 107, §  1;  60 Del. Laws, c. 513, §  2;  79 Del. Laws, c. 178, §  2;
7 DE Code § 1910. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1910. Monthly report; failure to submit.

§ 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 number on forms provided by the Department. A commercial shellfishing license or permit holder who does not file said monthly report by 4: 30 p.m. of the last working day of the month following the month for which the report is due shall be guilty of a class D environmental violation. 7 Del. C. 1953, §  1908;  51 Del. Laws, c. 151, §  1;  57 Del. Laws, c. 640;  57 Del. Laws, c. 739, §  93;  58 Del. Laws, c. 107, §  1;  60 Del. Laws, c. 513, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 436, §§  1-3;  79 Del. Laws, c. 178, §  2;  79 Del. Laws, c. 421, §  8;
7 DE Code § 1911. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1911. Removal of shellfish; presumptions.

§ 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 of grand or petty larceny according to the value of shellfish or equipment in question. (b) For the purpose of determining the value of shellfish unlawfully removed, all shellfish found on board a vessel utilized in the removal of shellfish from grounds leased to another shall be presumed to have been unlawfully removed from those leased grounds. (c) Any vessel on or over grounds leased to another shall be presumed to be removing shellfish from those grounds if that vessel has overboard at that time any device used for the taking of shellfish. 60 Del. Laws, c. 513, §  2;  70 Del. Laws, c. 186, §  1;
7 DE Code § 1912. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1912. Penalties.

§ 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 20 of this title, shall be guilty of a class D environmental violation. Justice of the Peace Courts shall have jurisdiction over all offenses under this section. (b) Any person convicted of violating any of the provisions of Chapters 19, 21, 23, 24, 25, 26 and 28 of this title, or any rules or regulations adopted pursuant thereto, may have, upon the recommendation to the Secretary by the majority of the Council on Shellfisheries and/or at the discretion of the Secretary, any licenses or permits issued to the person revoked for a term to be determined by the Department. 60 Del. Laws, c. 513, §  2;  69 Del. Laws, c. 284, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 73, §§  1, 2;  73 Del. Laws, c. 132, §  2;  79 Del. Laws, c. 178, §  2;  79 Del. Laws, c. 421, §  8;
7 DE Code § 1913. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1913. Inspection and seizure.

§ 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 shellfish or equipment as evidence which is believed to be in violation of or is being used by a violator of Chapters 19 through 28 of this title or the regulations promulgated pursuant thereto. Seized equipment, at the discretion of the Department, may be released upon the posting of a bond, the value of which shall be determined by the magistrate. 60 Del. Laws, c. 513, §  2;  69 Del. Laws, c. 284, §  1;
7 DE Code § 1914. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1914. Disposition of evidence.

§ 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 Department. 60 Del. Laws, c. 513, §  2;
7 DE Code § 1915. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1915. Licensees with disabilities.

§ 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 issued a written permit by the Department authorizing a member of said person's immediate family, as defined in § 1918(c) of this title to assist said person or perform in place of said person the harvesting, transporting and marketing of the shellfish for a period or periods not exceeding a total of 24 months. The duration and nature of the disability shall be specified in writing by a medical physician licensed to practice in the State. The 24 months may be continuous or fragmented. For purposes of this section, the term “disabled” shall mean a person, certified in writing by a licensed medical physician in Delaware, to be temporarily unable to perform the substantial and material duties associated with the harvesting, transporting or marketing of the shellfish in question based upon medical evidence. 73 Del. Laws, c. 28, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 1916. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1916. Expiration of licenses and permits.

§ 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, c. 513, §  2;  69 Del. Laws, c. 284, §  1;  71 Del. Laws, c. 245, §  3;
7 DE Code § 1917. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1917. Reciprocity for commercial nonresident licenses.

§ 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 or leasing of shellfish grounds within its boundaries, which tax or other fee is in the aggregate greater or restriction is greater, to include but limited to the nonavailability of license or leasing for nonresidents, the same taxes, other fees, license requirements and restrictions shall be imposed by the Division of Fish and Wildlife of the Department of Natural Resources and Environmental Control upon the residents of the state who seek to apply for a license to commercially shellfish or lease shellfish grounds within the boundaries of this State. 60 Del. Laws, c. 513, §  2;
7 DE Code § 1918. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 19. General Provisions|§ 1918. Limited entry and transfer of commercial crabbing licenses.

§ 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 license to any new licensee after March 13, 1990, and shall not issue crab pot licenses to any new licensee until the number of commercial crab pot licenses drops to 82 or below as of October 31 of any year. At that time, a lottery will be held by the Department to allow the number of commercial crab pot licenses to increase to 100. (b) Notwithstanding the provisions of § 2307 of this title, the Department shall not issue any crab dredgers licenses to any new licensee after March 13, 1990, and shall not issue crab dredgers licenses to any new licensee until the number of crab dredgers licenses drops to 18 or below as of March 31 of any year. At that time, a lottery will be held by the Department to allow the number of crab dredgers licenses to increase to 21. (c) A commercial crab pot licensee or crab dredgers licensee may transfer a license at any time, including posthumously, to a member of the immediate family. A member of the immediate family shall mean a parent, child, sibling or spouse. A commercial crab pot licensee also may transfer a license, including posthumously, to a designee provided the designee has been listed as same on the license for at least 2 consecutive years. The transfer of the appropriate license shall be in writing. (d) Notwithstanding subsection (c) of this section, no license shall be transferred to any person under 16 years of age. (e) An active commercial fisher with a commercial crab dredger's license may transfer his or her license to a commercial fishing apprentice who has completed no less than 150 days of commercial fishing activities over no less than a 1-year period. 67 Del. Laws, c. 194, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 216, §§  1, 2;  73 Del. Laws, c. 29, §  5;  78 Del. Laws, c. 42, §§  1-3;  80 Del. Laws, c. 348, § 2;
7 DE Code § 2001. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2001. Definitions.

§ 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 as being qualified to sell shellfish products. (3) “Delaware corporation” shall mean a corporation or other legal entity whose ownership or Board of Directors is comprised of 50% or more Delaware residents. If fewer than 50% of the ownership or Board of Directors of a corporation is comprised of Delaware residents, then the corporation shall be considered a nonresident corporation. (4) “Delaware partnership” shall mean a partnership comprised of at least 50% Delaware residents. If fewer than 50% of a partnership is comprised of Delaware residents, then the partnership shall be considered a nonresident partnership. (5) “Delaware's Inland Bays” shall mean Rehoboth Bay, Indian River and Indian River Bay, Little Assawoman Bay, and Big Assawoman Bay and their respective tidal tributaries. (6) “Department” means Department of Natural Resources and Environmental Control. (7) “Handle shellfish” shall mean to take ownership either temporarily or permanently of a shellfish aquaculture product. (8) “Off-bottom rearing cages and enclosures” mean any cage or artificial enclosure that retains for rearing purposes any stage of the life cycle of bivalve shellfish where such cage or enclosure is staked on or suspended above the bottom of the bay or tributary to the bay. (9) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee provided any such delegation of authority is consistent with Chapter 80 of Title 29. (10) “Seed-on-cultch” shall mean bivalve shellfish seed attached to shell material. (11) “Seed stock” shall mean immature or sub-legal stages of shellfish available for culturing or planting purposes. (12) “Shellfish aquaculture” means the culture or rearing of any life stage of bivalve shellfish for commercial purposes within a leased area. Within the leased area, said shellfish may be reared in an artificial enclosure, or on any other type of structure or substrate, either on land or water. (13) “Shellfish grounds” for the purposes of this chapter means the submerged lands of Delaware's Inland Bays and their tributaries capable of sustaining shellfish under the jurisdiction of the State.79 Del. Laws, c. 178, §  3;
7 DE Code § 2003. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2003. Filing of regulations.

§ 2003. 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 Registrar of Regulations. The regulations of the Department shall be published by the Department in convenient form and distributed to or made available to all persons who request this information. 79 Del. Laws, c. 178, §  3;
7 DE Code § 2004. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2004. Unlawful taking of shellfish on areas leased for aquaculture purposes.

§ 2004. Unlawful taking of shellfish on areas leased for aquaculture purposes. (a) It shall be unlawful for anyone to take any bivalve shellfish from any shellfish aquaculture grounds leased to another unless specifically authorized in writing by the holder of said lease. (b) It shall be unlawful to harvest or remove bivalve shellfish from aquaculture lease sites including off-bottom cages and enclosures between sunset and sunrise. (c) It shall be unlawful to have both wild-caught bivalve shellfish and shellfish aquaculture products on the same vessel or to place wild-caught bivalve shellfish and shellfish aquaculture products in the same container prior to transfer to a licensed buyer or shellfish dealer. 79 Del. Laws, c. 178, §  3;
7 DE Code § 2005. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2005. Leases.

§ 2005. 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 in Delaware's Inland Bays to be used for shellfish aquaculture beneath the waters of this State, subject to the provisions, limitations and restrictions set forth herein. (b) Scientific use of shellfish grounds. — The Secretary is hereby authorized to issue a lease in the name of the State to educational and/or scientific institutions or their designees for tracts or parcels of shellfish grounds to be used for scientific and/or educational purposes determined by the Secretary to be in the best interests of the shellfisheries aquaculture industry. Such a permit shall contain at least the following information and criteria: geographic location of the lease, species of shellfish being reared on the leased grounds, and the reason for the issuance of the lease. At no time may the aquaculture products produced on shellfish grounds leased for scientific purposes be sold or traded or offered for sale or trade. Importation of any shellfish or shellfish parts from areas outside of Delaware's Inland Bays must be approved in advance by the Department according to regulations filed by the Department. The cost of processing this application shall be paid by the applicant. Anyone deploying and leaving in place any equipment for scientific use of shellfish grounds in the Inland Bays shall conform to all applicable Department equipment marking requirements and shall be responsible for the removal of this equipment upon the termination of the scientific investigation. 79 Del. Laws, c. 178, §  3;