reglab/housing_qa huggingface dataset:
7 DE Code § 2007. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2007. Fees for lease.

§ 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 This fee is nonrefundable even if the application is eventually rejected or withdrawn. (b) The Department shall charge a Delaware resident or Delaware resident partnership or Delaware resident corporation an annual fee of $100/acre for administration of a shellfish aquaculture lease. (c) The Department shall charge a nonresident of this State or a nonresident partnership or nonresident corporation $1,000/acre annually for administration of a shellfish aquaculture lease. (d) All revenue generated by the fees in this section shall be deposited in an appropriated special fund account that shall be used to partially offset the expenses of the Department activities pursuant to this chapter. 79 Del. Laws, c. 178, §  3;
7 DE Code § 2008. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2008. Term of leases.

§ 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 will become part of the inventory of potential lease sites on a first-come, first-served basis. Lease holders may designate any portion of their lease acreage in minimum 1-acre increments to be released to the inventory of available lease acreage at any time during the calendar year. There shall be no refund of lease fees for any acreage so released. (b) At the end of 15 years from issuance of a lease, the original lessee shall have first right to renew the lease for another 15-year period. In the event that the original lessee or their designee fails to renew their lease for 1 or more acres of their original lease acreage, then after 60 days following the expiration date of the lease on the acreage in question, the acreage not renewed shall revert to the inventory of available lease sites. Any equipment on lease acreage that is not renewed must be removed by the original lease holder within 30 days after the termination of the lease, or it will be considered by the Department as abandoned. (c) It shall be lawful for any lease holder to transfer his or her lease to another eligible applicant at any time within 30 days after written notification is received and approved by the Department, provided such notification is signed and notarized by both the parties making and receiving the transfer. Any stipulations or restrictions placed by the Department on the lease site in question shall be binding for any subsequent holders of a lease for this particular lease site. 79 Del. Laws, c. 178, §  3;  70 Del. Laws, c. 186, §  1;
7 DE Code § 2009. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2009. Harvester licenses.

§ 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 sites. The Department shall establish by regulation the qualifications for obtaining a shellfish aquaculture harvesting license. (b) It shall be unlawful for any individual(s) working on a shellfish aquaculture lease site to not have at all times at least 1 person who is the holder of the lease for the site in question or 1 person having in his or her possession a valid shellfish aquaculture harvest license. (c) It shall be unlawful for any licensed shellfish harvester to work on any shellfish aquaculture lease site without first obtaining the written permission of the lease holder for the site in question. Such written permission from the lease holder shall be in the possession of the shellfish aquaculture harvester licensee at all times while working on the lease site in question. 79 Del. Laws, c. 178, §  3;  70 Del. Laws, c. 186, §  1;
7 DE Code § 2010. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2010. Reports; failure to submit.

§ 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 and number subsequently harvested annually. (b) Any lease holder who fails to submit timely reports shall be charged with a class D misdemeanor for a first offense and fined $25-$100. Anyone convicted of a second offense within 2 years of the first offense for failure to report in a timely fashion shall be charged with a class B misdemeanor and fined $250-$1,000. Anyone convicted of a third offense for failure to report within 2 years of a second offense for failure to report will be subject to having his or her lease revoked by the Department. 79 Del. Laws, c. 178, §  3;  70 Del. Laws, c. 186, §  1;
7 DE Code § 2011. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2011. Unlawful removal of shellfish or tampering with shellfish aquaculture equipment; presumptions, illegal harvesting gear.

§ 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 grounds leased, pursuant to this chapter, to a person other than himself or herself. If convicted, this person shall be guilty of grand or petty larceny according to the value of shellfish or equipment in question. In the case of shellfish grounds leased by a corporation, it shall be unlawful for any individual to remove shellfish from leased shellfish grounds unless the individual is a bona fide employee of or member of the corporation or is acting on behalf of the corporation that holds the lease to the shellfish grounds in question. (b) Anyone convicted of damaging or removing equipment lawfully placed for shellfish aquaculture on a leased site may, at the discretion of the appropriate court, be required to make restitution to the lease holder in the amount of the replacement value for the equipment so damaged or removed. (c) 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. (d) Any vessel or person on or over grounds leased to another shall be presumed to be removing shellfish from those grounds if that vessel or person has overboard or in his or her possession at that time any device used for the taking of shellfish, subject to the discretion of the investigating Department officer. (e) It shall be unlawful to sell or transfer aquaculture products to a final customer or consumer that has not been handled by a certified shellfish dealer/processor. 79 Del. Laws, c. 178, §  3;  70 Del. Laws, c. 186, §  1;
7 DE Code § 2012. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2012. Penalties.

§ 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 thereafter. (b) Any person convicted of a second offense for violating any of the provisions of this chapter, or any rules or regulations adopted pursuant thereto, may have, at the discretion of the Secretary, any licenses or leases issued to the person(s), partnership or corporation revoked for a term to be determined by the Department. (c) All revenue generated by the fines in this section shall be deposited in an appropriated special fund account that shall be used to partially offset the expenses of the Department activities pursuant to this chapter. 79 Del. Laws, c. 178, §  3;
7 DE Code § 2013. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2013. Inspection and seizure.

§ 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 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 court having jurisdiction over the case. (c) In the event that any bivalve shellfish are seized as evidence as a result of an investigation or arrest for any violation of the statutes in this chapter or Department regulations governing shellfish aquaculture, these shellfish shall be destroyed and disposed of as deemed appropriate by the Department. The lessee in consultation with the court of record shall determine the fair market value of the shellfish that were seized. (d) In addition to being subject to the penalties of § 2012 of this title, anyone convicted of illegally removing bivalve shellfish products from a leased aquaculture site shall be assessed the fair market value of the shellfish so seized. (e) Undamaged equipment that is seized by the Department shall be made available to the rightful owner as expeditiously as possible, provided the rightful owner can be identified with a reasonable amount of effort. If the rightful owner cannot be readily located or does not claim his or her equipment within 30 days of removal or the final disposition the case, this equipment shall be considered abandoned and will be disposed of by Department procedures. (f) Any shellfish aquaculture equipment that the Department determines is abandoned as defined by Department regulation, which is not claimed by its owner within 30 days after its removal or disposition of the case by the court having jurisdiction, shall be disposed of according to Department procedures for the disposition of abandoned equipment and the funds from the public sale of abandoned equipment shall be deposited into an appropriated special fund account that the Department maintains to partially offset the Department's costs associated with administering this chapter. 79 Del. Laws, c. 178, §  3;  70 Del. Laws, c. 186, §  1;
7 DE Code § 2014. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2014. Expiration of licenses and permits.

§ 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;
7 DE Code § 2015. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 20. General Provisions|§ 2015. Reciprocity for nonresident leases and licenses.

§ 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 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 Department upon the residents of the state who seek to apply for a license to lease shellfish aquaculture grounds within the boundaries of the Inland Bays of this State. 79 Del. Laws, c. 178, §  3;
7 DE Code § 2101. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 21. Oysters|§ 2101. Oyster harvesting license.

§ 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 unless said person has been issued an oyster harvesting license by the Department. (1) An oyster harvesting license shall be valid only on the vessel listed on said license by the Department. The Department shall not simultaneously list a vessel on more than 3 oyster harvesting licenses. (2) The Department may list no more than 1 person as an apprentice on an oyster harvesting license. (3) The fee for an oyster harvesting license shall be $57.50 for residents of this State. (4) The fee for an oyster harvesting license shall be $575 for nonresidents of this State. (5) The Department shall not issue any oyster harvesting licenses to any new licensee after June 30, 2011. (6) An oyster harvesting license shall automatically expire on December 31 of each calendar year. If a person does not renew a license within 1 year of expiration of any oyster harvesting license such person forfeits any right to such license. (7) An oyster harvesting 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. The transfer of the license shall be in writing. 60 Del. Laws, c. 513, §  2;  71 Del. Laws, c. 245, §§  4, 5;  73 Del. Laws, c. 132, §  1;  78 Del. Laws, c. 55, §  1;  79 Del. Laws, c. 178, §  4;
7 DE Code § 2102. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 21. Oysters|§ 2102. Natural oyster beds.

§ 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 from specific natural oyster beds by analyzing the best available scientific data on said oysters. 60 Del. Laws, c. 513, §  2;  73 Del. Laws, c. 132, §  1;
7 DE Code § 2103. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 21. Oysters|§ 2103. Eligibility to harvest oyster for direct sale.

§ 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 September 30, 1999; (2) Held an oyster harvesting license to harvest oysters from natural oyster beds in Delaware prior to September 30, 1999; (3) Held a public oyster tonger's license to take oysters from public tonging areas in Delaware prior to September 30, 1999; (4) Held an oyster harvesting license and was eligible to harvest oysters for direct sale pursuant to this section prior to June 30, 2011; (5) An oyster harvesting license has been transferred to such person pursuant to § 2101(7) of this title and the prior holder of such license was eligible to harvest oysters for direct sale pursuant to this section; or (6) An oyster harvesting license was transferred to such person pursuant to § 1920 of this title and the prior holder of such license was eligible to harvest oysters for direct sale pursuant to this section. (b) “Direct sale” shall mean to immediately sell or attempt to sell oysters harvested from the State's natural oyster beds to another person. (c) It shall be unlawful for a person to harvest oysters from the natural oyster beds for subsequent use other than direct sale. 73 Del. Laws, c. 132, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 55, §§  2, 3;
7 DE Code § 2104. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 21. Oysters|§ 2104. Oyster harvesting methods.

§ 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 be unlawful for a person to harvest oysters from the State's natural oyster beds without immediately culling said live oysters from all shell and other materials and returning said shell and other materials to the State's natural oyster beds. Oysters shall be culled as aforesaid so that 2 bushels of oysters shall not contain more than 5 percent shells and other materials. 7 Del. C. 1953, §§  2105, 2111;  51 Del. Laws, c. 151, §  1;  58 Del. Laws, c. 107, §  2;  60 Del. Laws, c. 513, §  2;  73 Del. Laws, c. 132, §  1;
7 DE Code § 2105. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 21. Oysters|§ 2105. Oyster harvest fees and tags.

§ 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 natural oyster beds shall be prepaid to the Department by a resident of this State on or before specific dates established by the Department. (2) An annual oyster harvest fee of $12.50 per bushel of oysters harvested from the State's natural oyster beds shall be prepaid to the Department by nonresidents of the state area before specific date or dates established by the Department. (3) A person's total oyster harvest fees shall be determined by dividing the number of bushels of oysters authorized to be harvested in a given year by the number of eligible persons who sign up to participate in the oyster harvest during said year multiplied by the appropriate oyster harvest fee. (4) The Department shall issue tags to those persons who prepay their annual oyster harvest fees at the rate of 1 tag per bushel or 1 tag per 30-bushel cage. (5) The Department shall notify each person who has been issued an oyster harvesting license of the amount of oysters available for harvest during a given year. (6) Oyster harvesting tags, once issued to a person by the Department, shall not be reimbursable or transferable. (7) It shall be unlawful for a person who harvests oysters from the natural oyster beds of this State for direct sale to not place said oysters in a bushel bag or 30-bushel cage prior to landing said oysters. “Landing” shall mean to bring to shore. (8) It shall be unlawful for a person who harvests oysters from the natural oyster beds of this State for direct sale to not attach an oyster harvesting tag in the locked position to a bushel bag or 30-bushel cage containing oysters prior to landing said oysters. (9) It shall be unlawful for a person to attach an oyster harvesting tag which had been previously attached to a bushel bag or a 30-bushel cage to another bushel bag or 30-bushel cage. (10) It shall be unlawful for any person to have any bushel bag or 30-bushel cage that is empty or partially filled with oysters on board a vessel that has an oyster harvesting tag attached. (11) It shall be lawful for anyone with a valid oyster harvesting license to transfer oyster harvesting tags to another licensed oyster harvester authorized to participate in the oyster harvesting season, provided said transfer is made prior to said tags being issued by the Department. All transfers shall be in writing on forms supplied by the Department.7 Del. C. 1953, §  2111;  58 Del. Laws, c. 107, §  2;  60 Del. Laws, c. 513, §  2;  73 Del. Laws, c. 132, §  1;  78 Del. Laws, c. 41, §  1;  79 Del. Laws, c. 178, §  4;
7 DE Code § 2106. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 21. Oysters|§ 2106. Authority.

§ 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 oysters that are harvested from the State's natural oyster beds for direct sale shall be landed. (c) The Department is authorized to adopt shellfish regulations to govern the type and amount of gear or equipment that may be used to harvest oysters from the State's natural oyster beds. (d) The Department is authorized to adopt shellfish regulations to establish a minimum size of oysters for harvest. (e) The Department is authorized to adopt shellfish regulations to establish an annual oyster harvest quota. 73 Del. Laws, c. 132, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 2107. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 21. Oysters|§ 2107. Oyster Recovery Fund.

§ 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 received for leasing shellfish grounds in Delaware Bay. (b) Oyster Recovery Funds shall be used by the Department for the following:  (1) To purchase shells to be placed on natural oyster beds; (2) To purchase oysters to be placed on natural oyster beds; (3) To conduct research on oysters; and (4) To transfer oysters from one natural bed to another.73 Del. Laws, c. 132, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 2108. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 21. Oysters|§ 2108. Importation of oysters prohibited.

§ 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;
7 DE Code § 2109. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 21. Oysters|§ 2109. Oyster harvesting from private leased beds.

§ 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 least 48 hours prior to harvesting oysters from leased shellfish grounds. (b) It shall be unlawful for any person to harvest oysters from natural oyster beds on any date said person notified the Department when he or she would be harvesting oysters from leased shellfish grounds. 73 Del. Laws, c. 132, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 178, §  4;
7 DE Code § 2301. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 23. Blue Crabs (Callinectes Sapidus)|§ 2301. Minimum size.

§ 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 than 31/2 inches from tip to tip, nor any peeler blue crab measuring less than 3 inches from tip to tip. The minimum size of hard-shell blue crabs shall not apply to mature female blue crabs that are identified by having a rounded or u-shaped apron. The apron is the abdomen which is the rear portion of the blue crab that is folded underneath the body. Any commercial measure of blue crabs shall not contain more than 5% crabs that are less than the respective minimum size. 7 Del. C. 1953, §§  2303, 2304;  51 Del. Laws, c. 151, §  1;  57 Del. Laws, c. 587, §§  1, 2;  60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 194, §  5;  70 Del. Laws, c. 186, §  1;