reglab/statecodes huggingface dataset:
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 7 - Conservation › Chapter 23. BLUE CRABS (CALLINECTES SAPIDUS) › § 2302. Female blue crabs bearing eggs.

§ 2302. Female blue crabs bearing eggs.
It shall be unlawful for any person to take or have in his or her possession or offer for sale at any time any female blue crab bearing eggs visible thereon (sponge crabs), or any female blue crab from which the egg pouch or bunion has been removed.
7 Del. C. 1953, §  2301;  51 Del. Laws, c. 151, §  1;  60 Del. Laws, c. 513, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 23. BLUE CRABS (CALLINECTES SAPIDUS) › § 2303. Commercial crab pot license.

§ 2303. Commercial crab pot license.
(a) It shall be unlawful for any person to catch or land crabs for commercial purposes in this State unless said person has applied for and secured from the Department and has in his or her possession a valid commercial crab pot license. The fee for a resident commercial crab pot license shall be $28.75 for up to 50 pots; $57.50 for up to 100 pots; $86.25 for up to 150 pots; and $115 for up to 200 pots. The fee for nonresident commercial crab pot licenses shall be $287.50 for up to 50 pots; $575 for up to 100 pots; $862.50 for up to 150 pots; and $1,150 for up to 200 pots. Said license shall be valid only for commercial taking of crabs from 1 vessel owned and operated by the applicant or designees approved in the license. Designees for a holder of a resident commercial crab pot license must be residents of the State.
(b) The license issued pursuant to this section shall automatically expire on December 31 of each calendar year.
(c) In the event that a licensee is unable to tend his or her crab pots from the vessel specified in his or her license application, said licensee shall apply to the Department within 48 hours after the boat or vessel has been disabled for a written permit to be carried on his or her person to tend that licensee's pots from another specified vessel for a period to be specified by the Department.
(d) A commercial crab pot license may designate no more than 2 persons on said licensee's commercial crab pot license as designees. A commercial crab pot licensee's designees are authorized, whether in the presence of the licensee or not, to place, use, set or tend said licensee's crab pots while operating the vessel owned by the licensee that is listed on said licensee's commercial crab pot license.
(e) Notwithstanding subsection (a) of this section, the number of commercial crab pot licensees that may list the same vessel on their commercial crab pot license shall not exceed 3 and the total number of crab pots that 3 licensees may be licensed to place, use, set or tend from the same vessel shall not exceed 500 pots.
7 Del. C. 1953, §  2305;  51 Del. Laws, c. 151, §  1;  57 Del. Laws, c. 739, §  99;  59 Del. Laws, c. 90;  60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 260, §  1;  68 Del. Laws, c. 9, §  9;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 216, §§  4, 5;  71 Del. Laws, c. 245, §  6;
2023 Delaware Code › Title 7 - Conservation › Chapter 23. BLUE CRABS (CALLINECTES SAPIDUS) › § 2304. Area permitted for commercial crabbing.

§ 2304. Area permitted for commercial crabbing.
It shall be unlawful for any commercial crabber to catch or take, or attempt to catch or take, for commercial purposes any hard-shell, soft-shell or peeler crabs from any waters of the rivers and bays of this State and the tributaries thereof or sell, offer for sale or buy any hard-shell crabs taken from said waters, except the Delaware Bay and the Delaware River and that area of Roy's Creek which lies south of Fenwick Island Ditch.
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;  61 Del. Laws, c. 352, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 23. BLUE CRABS (CALLINECTES SAPIDUS) › § 2305. Seasons; limits.

§ 2305. Seasons; limits.
(a) No person shall catch and take or attempt to catch and take crabs in any of the waters under the jurisdiction of this State with any commercial crab pot between December 1 of each year and the last day of February immediately following.
(b) The Department may restrict the number of crab pots which may be set by any 1 licensee when, in its discretion, the Department determines from biological evidence that emergency restrictions are necessary to protect crabs or other shellfish resources of the State; they may do so with such advance notice as it deems necessary.
(c) No person shall catch and take or attempt to catch and take crabs by dredge in any of the waters under the jurisdiction of this State between March 31 of each year and December 15 thence next ensuing of any year.
60 Del. Laws, c. 513, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 23. BLUE CRABS (CALLINECTES SAPIDUS) › § 2306. Marking of commercial crab pots and vessels; penalties.

§ 2306. Marking of commercial crab pots and vessels; penalties.
(a) The buoys of all crab pots placed for commercial purposes shall be colored a specific color combination as assigned to each commercial crab pot licensee. The crabbing vessel specified on the license shall display the same color code assigned to the licensee on a panel measuring at least 2 feet by 2 feet. Said panel must be fully visible from either side of the vessel.
(b) It shall be unlawful for any person to lift any commercial crab pot from a vessel other than the 1 corresponding with the color code on that crab pot buoy. Any commercial crab pot which is not marked as specified in this section may be confiscated by the Department. Any person guilty of taking crabs from a commercial crab pot from a vessel other than the 1 corresponding with the color code of that pot buoy shall be guilty of a class C environmental violation.
60 Del. Laws, c. 513, §  2;  79 Del. Laws, c. 421, §  9;
2023 Delaware Code › Title 7 - Conservation › Chapter 23. BLUE CRABS (CALLINECTES SAPIDUS) › § 2307. Crab dredger's license; fees.

§ 2307. Crab dredger's license; fees.
It shall be unlawful for any person to dredge for blue crabs in this State unless said person has applied for and secured from the Department and has in his or her possession a valid crab dredger's license. The fee for a resident crab dredger's license shall be $57.50. The fee for a nonresident crab dredger's license shall be $575.
7 Del. C. 1953, §  2305;  51 Del. Laws, c. 151, §  1;  57 Del. Laws, c. 739, §  99;  59 Del. Laws, c. 90;  60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 23. BLUE CRABS (CALLINECTES SAPIDUS) › § 2308. Area where dredging permitted; method of taking; crabs taken by oysterers or clammers.

§ 2308. Area where dredging permitted; method of taking; crabs taken by oysterers or clammers.
(a) Dredging for blue crabs is permitted only on unleased shellfish grounds in Delaware Bay. Under no circumstances shall any person operate a dredge for the purpose of taking crabs over leased shellfish grounds, natural oyster beds, public tonging areas or other areas declared off limits to potting or dredging for crabs by the Secretary, pursuant to Chapters 19 through 25 of this title.
(b) It shall be unlawful for any person to use any hydraulic dredge or mechanical device which employs a vacuum or suction method for the taking or catching or harvesting of crabs from any of the waters under the jurisdiction of this State without the prior written consent of the Department which may be granted for research purposes.
(c) Those crabs of legal size and condition taken by oysterers with a valid oyster harvesting license or by a clammer with a valid commercial dredge clam license while engaged in legal dredging operations may be retained for noncommercial purposes.
60 Del. Laws, c. 513, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 23. BLUE CRABS (CALLINECTES SAPIDUS) › § 2309. Unloading locations.

§ 2309. Unloading locations.
It shall be unlawful for any person to unload blue crabs taken from the waters or shellfish grounds within the jurisdiction of the State at any port or unloading facilities located outside the geographic boundaries of the State.
60 Del. Laws, c. 513, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 23. BLUE CRABS (CALLINECTES SAPIDUS) › § 2310. Noncommercial crabbing; daily limits.

§ 2310. Noncommercial crabbing; daily limits.
(a) Noncommercial crabbing is permitted in any of the waters under the jurisdiction of the State unless otherwise posted by the Department.
(b) It is unlawful for any person actively engaged in noncommercial crabbing to sell any crabs.
(c) It shall be unlawful for any person to place, use, set or tend any noncommercial crab pot unless said pot is attached to an all white buoy with said person's full name and permanent mailing address inscribed either on the white buoy or on a waterproof tag attached to said buoy that is legible at all times.
(d) It shall be unlawful for any person to take in any 1 day more than 1 bushel of blue crabs unless otherwise authorized to do so by license or permit.
(e) Unless otherwise authorized, it shall be unlawful for any person to leave, place, use, set or tend any noncommercial crab pots in the tidal waters of this State between and including December 1 and the last day of February immediately following.
(f) Unless otherwise authorized, it shall be unlawful for any person who does not have a valid commercial crab pot license to have, place, use, set or tend more than 2 crab pots in the tidal waters of this State.
7 Del. C. 1953, §  2302;  51 Del. Laws, c. 151, §  1;  60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 194, §  6;  68 Del. Laws, c. 382, §§  1-3;
2023 Delaware Code › Title 7 - Conservation › Chapter 23. BLUE CRABS (CALLINECTES SAPIDUS) › § 2311. Crab pot attendance; abandonment; confiscation; forfeiture.

§ 2311. Crab pot attendance; abandonment; confiscation; forfeiture.
(a) It shall be unlawful for any person who places, uses or sets a crab pot in the tidal waters of this State to fail to tend and remove crabs from said crab pot at least once every 72 hours.
(b) Failure to tend and remove crabs from a crab pot in the tidal waters of this State at least 72 hours after said pot is tagged by the Department shall constitute abandonment of said crab pot.
(c) Any employee of the Department authorized to enforce this chapter shall be authorized to seize and confiscate any crab pot which has been determined to have been abandoned pursuant to subsection (b) of this section.
(d) Upon a determination that a crab pot has been abandoned and seized by the Department, ownership in said crab pot shall be forfeit to the Department.
(e) Notwithstanding the provisions set forth in subsections (a), (b) and (c) of this section, any employee of the Department authorized to enforce this chapter shall be authorized to seize any crab pot which fails to be placed, used or set in compliance with the provisions of this chapter.
(f) Title to a crab pot seized by the Department and not claimed by the lawful owner after proper notification from the Department within 90 days of said notification shall be forfeit to the Department.
68 Del. Laws, c. 382, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 23. BLUE CRABS (CALLINECTES SAPIDUS) › § 2312. Vessels used by commercial crab dredgers in Delaware waters.

§ 2312. Vessels used by commercial crab dredgers in Delaware waters.
(a) It shall be unlawful for a crab dredge licensee to dredge crabs from the waters of this State from any vessel other than 1 vessel owned and operated by said crab dredge licensee. The vessel shall be listed on the crab dredger's license.
(b) It shall be unlawful for a resident crab dredge licensee to list a vessel on his or her crab dredger's license if said vessel has been exclusively used in commercial fishing operation in waters outside the jurisdiction of this State during the previous 2 years. However, for a vessel acquired by a crab dredger licensee to replace a vessel listed on his or her crab dredger's license, the provision for that vessel not having been exclusively used in commercial fishing operations in waters outside the jurisdiction of this State during the previous 2 years shall not be in effect.
69 Del. Laws, c. 119, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 24. HARD CLAMS (MERCENARIA MERCENARIA) › § 2401. Minimum size.

§ 2401. Minimum size.
It shall be unlawful for any person to possess hard clams taken from the waters under the jurisdiction of the State which measure less than 11/2 inches. Any commercial measure of hard clams shall not contain more than 5% clams that are less than 11/2 inches.
60 Del. Laws, c. 513, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 24. HARD CLAMS (MERCENARIA MERCENARIA) › § 2402. Commercial clam tong/rake license.

§ 2402. Commercial clam tong/rake license.
It shall be unlawful for any person to tong or to rake clams for commercial purposes in this State unless said person has applied for and secured from the Department and has in his or her possession a valid clam tong/rake license. The fee for a commercial clam tong/rake license shall be $57.50 for residents and $575 for nonresidents. A commercial clam tong/rake license will entitle the holder to harvest a maximum number set by Department regulations.
60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 24. HARD CLAMS (MERCENARIA MERCENARIA) › § 2403. Area permitted; method of taking under clam tong/rake license.

§ 2403. Area permitted; method of taking under clam tong/rake license.
(a) It shall be unlawful to take clams from any leased shellfish grounds or contaminated area, as determined by the Department, in Delaware Bay, Indian River and Bay, Rehoboth Bay, Little and Big Assawoman Bays and the tributaries thereof, except a person authorized in writing by the holder of a lease site may take clams from said leased shellfish grounds. Such written authorization shall be at all times on the person of a least 1 member of any crew while working on leased shellfish grounds.
(b) It shall be unlawful to take or attempt to take clams under a clam tong/rake license with any device from a vessel powered by sail or mechanical means.
60 Del. Laws, c. 513, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 178, §  5;
2023 Delaware Code › Title 7 - Conservation › Chapter 24. HARD CLAMS (MERCENARIA MERCENARIA) › § 2404. Commercial dredge clam license.

§ 2404. Commercial dredge clam license.
It shall be unlawful for any person to dredge for hard clams in this State unless said person has applied for, secured from the Department and has in his or her possession a valid clam dredger's license. The fee for a resident clam dredger's license shall be $57.50. The fee for a nonresident clam dredger's license shall be $575.
60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 24. HARD CLAMS (MERCENARIA MERCENARIA) › § 2405. Commercial dredge clam license — Area permitted; method of taking under commercial dredge clam license.

§ 2405. Commercial dredge clam license — Area permitted; method of taking under commercial dredge clam license.
(a) It shall be unlawful to dredge for hard clams with a commercial dredge clam license on leased shellfish grounds, except that a person may dredge hard clams from his or her own leased shellfish grounds as long as those grounds are not within Delaware's Inland Bays.
(b) It shall be unlawful to dredge hard clams in any waters designated as contaminated by the Department.
(c) It shall be unlawful for any person to use any hydraulic dredge or mechanical device which employs a vacuum or suction method for the taking or catching or harvesting of clams from any of the waters under the jurisdiction of this State without the prior written consent of the Department.
60 Del. Laws, c. 513, §  2;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 588, §  2;  79 Del. Laws, c. 178, §  5;
2023 Delaware Code › Title 7 - Conservation › Chapter 24. HARD CLAMS (MERCENARIA MERCENARIA) › § 2406. Seasons; limits.

§ 2406. Seasons; limits.
Except in the case of clams reared on shellfish aquaculture lease sites on Delaware's Inland Bays, the Department will establish by regulation the seasons for the taking of clams and/or limit the number of clams which may be harvested commercially by any 1 licensee. If, in its discretion, the Department determines from biological evidence that emergency restrictions are necessary to protect clams or other shellfish resources of the State, they may do so with advance notice as it deems necessary.
60 Del. Laws, c. 513, §  2;  79 Del. Laws, c. 178, §  5;
2023 Delaware Code › Title 7 - Conservation › Chapter 24. HARD CLAMS (MERCENARIA MERCENARIA) › § 2407. Unloading locations.

§ 2407. Unloading locations.
It shall be unlawful for any person to unload hard clams taken from the waters or shellfish grounds within the jurisdiction of the State at any port or unloading facilities located outside the geographic boundaries of the State.
60 Del. Laws, c. 513, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 24. HARD CLAMS (MERCENARIA MERCENARIA) › § 2408. Noncommercial clamming permit.

§ 2408. Noncommercial clamming permit.
(a) It shall be unlawful for any person to harvest, in any 1 day, hard clams for noncommercial purposes in excess of the daily recreational clam limit unless said person has applied for and received from the Department, and has in his or her possession, a valid noncommercial clamming permit. The fee for a resident noncommercial clam permit will be $5.75. The fee for a nonresident noncommercial clamming permit will be $57.50.
(b) The Department will establish, by regulation, the seasons for taking clams and/or limit the number of clams that may be harvested in any 1 day for noncommercial clamming permit holders.
60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 260, §  1;  68 Del. Laws, c. 9, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 24. HARD CLAMS (MERCENARIA MERCENARIA) › § 2409. Recreational clamming.

§ 2409. Recreational clamming.
The Department will establish, by regulation, the seasons for the taking of clams and/or limit the number of clams which may be taken for recreational purposes.
60 Del. Laws, c. 513, §  2;  76 Del. Laws, c. 71, §  13;
2023 Delaware Code › Title 7 - Conservation › Chapter 25. AMERICAN LOBSTERS (HOMARUS AMERICANUS) › § 2501. Size limit.

§ 2501. Size limit.
It shall be unlawful for any person to take from any waters within the jurisdiction of the State or have in that person's possession at any time any American lobster with a minimum carapace length measuring less than 31/4 inches between January 1, 1989 and December 31, 1990; 39/3 2 inches between January 1, 1991, and December 31, 1991; and 35/1 6 inches after January 1, 1992, and 33/8 inches beginning July 1, 2004. The carapace, or body shell, is measured from the rear end of the eye socket along a line parallel to the center line of the carapace to the posterior end of the carapace. Further, it shall be unlawful for any person to take from any waters within the jurisdiction of the state or have in that person's possession, at any time, any female American lobster with a carapace length measuring more than 51/2 inches except that beginning July 1, 2008, no male or female lobster may be taken or possessed that has a carapace length measuring more than 51/4 inches.
7 Del. C. 1953, §  2502;  55 Del. Laws, c. 77, §  2;  60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 302, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 368, §§  1-3;  76 Del. Laws, c. 300, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 25. AMERICAN LOBSTERS (HOMARUS AMERICANUS) › § 2502. Female lobsters bearing eggs.

§ 2502. Female lobsters bearing eggs.
It shall be unlawful for a person to take, offer for sale or have in his or her possession at any time any female lobster bearing eggs visible thereon (berried lobsters) or any female lobster from which the eggs have been removed.
7 Del. C. 1953, §  2502;  55 Del. Laws, c. 77, §  2;  60 Del. Laws, c. 513, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 25. AMERICAN LOBSTERS (HOMARUS AMERICANUS) › § 2503. Landing of dismembered lobsters.

§ 2503. Landing of dismembered lobsters.
It shall be unlawful for any person, firm or corporation to bring to shore in Delaware or have in possession on the waters of this State any dismembered lobsters, detached tails or claws, picked or cooked lobster meat.
60 Del. Laws, c. 513, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 25. AMERICAN LOBSTERS (HOMARUS AMERICANUS) › § 2504. Commercial lobster pot license.

§ 2504. Commercial lobster pot license.
(a) It shall be unlawful for any person to catch or land lobsters for commercial purposes in this State unless said person has applied for, secured from the Department and has in his or her possession a valid commercial lobster pot license. The fee for a resident commercial lobster license shall be $57.50. The fee for a nonresident commercial lobster license shall be $575. Said license shall be valid only for the commercial taking of lobsters from 1 vessel operated by the applicant or designee as specified in the license.
(b) Residential commercial lobster licenses shall be issued only to residents of this State.
(c) In the event that a licensee is unable to tend his or her lobster pots from the vessel specified in his or her license application, said licensee shall apply to the Secretary for a written permit to be carried on his or her person to tend his or her pots from another specified vessel for a period to be specified by the Department.
60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 25. AMERICAN LOBSTERS (HOMARUS AMERICANUS) › § 2505. Area permitted; method of taking.

§ 2505. Area permitted; method of taking.
(a) Potting for lobsters is permitted in any waters under the jurisdiction of the State.
(b) It shall be unlawful to take or attempt to take lobsters for commercial purposes by any method other than a lobster pot. The number of and design of said pots will be established by regulation.
(c) It shall be unlawful to take or attempt to take lobsters by dragging, dredging, trawling and spearing.
7 Del. C. 1953, §  2501;  55 Del. Laws, c. 77, §  2;  60 Del. Laws, c. 513, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 25. AMERICAN LOBSTERS (HOMARUS AMERICANUS) › § 2506. Marking of commercial lobster pots and vessels.

§ 2506. Marking of commercial lobster pots and vessels.
The buoys of all lobster pots placed for commercial purposes shall be marked with the color code and number that is assigned to each commercial lobster pot licensee. All buoys must be of a positive flotation material. The lobstering vessel specified on the license shall display the color code assigned to the licensee on a panel measuring at least 2 feet by 2 feet. Said panel must be fully visible from either side of said vessel. It shall be unlawful for any person to lift any commercial lobster pot from a vessel other than the 1 corresponding to the color code on that pot buoy. Any pot attached to a buoy, which is not marked as specified in the regulation, may be confiscated by the Department. Any person guilty of removing lobsters from any commercial lobster pot from a vessel other than the 1 corresponding to the color code on that pot buoy shall be guilty of a class C environmental violation.
60 Del. Laws, c. 513, §  2;  79 Del. Laws, c. 421, §  10;
2023 Delaware Code › Title 7 - Conservation › Chapter 25. AMERICAN LOBSTERS (HOMARUS AMERICANUS) › § 2507. Seasons; limits.

§ 2507. Seasons; limits.
The Department will establish by regulation the seasons for the taking of lobsters and will determine the number of lobster pots which may be set by any 1 licensee. If, in its discretion, the Department determines from biological evidence that emergency restrictions are necessary to protect lobsters or other shellfish resources of the State, it may do so with advance notice as it deems necessary.
7 Del. C. 1953, §  2501;  55 Del. Laws, c. 77, §  2;  60 Del. Laws, c. 513, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 25. AMERICAN LOBSTERS (HOMARUS AMERICANUS) › § 2508. Noncommercial lobstering.

§ 2508. Noncommercial lobstering.
(a) A lobster pot placed by a person for noncommercial purposes shall be marked with a buoy painted white and have black lettering, and be marked with the initials “N.C.” followed by a dash and then followed by the owner's initials (i.e., John Smith would mark his lobster pot buoys as follows:
“N.C. — J.S.”). The use of more than 2 lobster pots by any individual or his or her agents shall constitute prima facie evidence of commercial intent and shall be unlawful.
(b) Noncommercial potting for lobster is permitted in any waters under the jurisdiction of the State.
(c) It shall be unlawful for any person who is engaged in noncommercial lobstering to sell any lobsters.
(d) Any individual diver may catch, by hand, up to 2 lobsters a day.
60 Del. Laws, c. 513, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 25. AMERICAN LOBSTERS (HOMARUS AMERICANUS) › § 2509. Unloading locations.

§ 2509. Unloading locations.
It shall be unlawful for any person to unload lobsters taken from the waters or shellfish grounds within the jurisdiction of the State at any port or unloading facilities located outside the geographic boundaries of the State. Any person violating this section will be guilty of a class C environmental violation.
60 Del. Laws, c. 513, §  2;  79 Del. Laws, c. 421, §  10;
2023 Delaware Code › Title 7 - Conservation › Chapter 26. SURF CLAMS (SPISULA SOLIDISSIMA) › § 2601. Commercial surf clam license.

§ 2601. Commercial surf clam license.
It shall be unlawful for any person to harvest surf clams in this State unless said person has applied for and secured from the Department of Natural Resources and Environmental Control and has in his or her possession a valid surf clam harvester's license. The fee for a resident surf clam harvester's license shall be $50 for residents and $500 for nonresidents.
64 Del. Laws, c. 243, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 26. SURF CLAMS (SPISULA SOLIDISSIMA) › § 2603. Minimum size.

§ 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;
2023 Delaware Code › Title 7 - Conservation › Chapter 26. SURF CLAMS (SPISULA SOLIDISSIMA) › § 2604. Permitted harvesting areas.

§ 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 evidence that emergency restrictions are necessary to protect clams or other shellfish resources of the State, it may do so with advance notice, as it deems necessary.
64 Del. Laws, c. 243, §  2;  70 Del. Laws, c. 588, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 26. SURF CLAMS (SPISULA SOLIDISSIMA) › § 2605. Penalty.

§ 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 person shall be guilty of a class B environmental misdemeanor.
64 Del. Laws, c. 243, §  2;  79 Del. Laws, c. 421, §  11;