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2023 Delaware Code › Title 7 - Conservation › Chapter 17. DOGS › § 1704. Stocking area; training therein; hunting and trapping.

§ 1704. Stocking area; training therein; hunting and trapping.
The licensees shall, from time to time, during each year stock each such area with 25 pieces of game per 100 acres at their own expense, under supervision of the Department, unless the Department determines that the area is already adequately stocked. The licensees may at any time during the year train their own dogs or the dogs of other persons on such area or permit others so to do under such conditions as are mutually agreed upon. Neither the licensees nor any other person shall, at any time, hunt or trap within the confines of such area, except that the licensees or any person authorized by them may hunt or trap vermin and predators for the purpose of exterminating vermin and predators on such area.
Code 1935, §  2869A;  48 Del. Laws, c. 131, §  1;  7 Del. C. 1953, §  1722;  57 Del. Laws, c. 739, §  83;  77 Del. Laws, c. 428, §§  1, 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 17. DOGS › § 1705. Marking of boundary lines; posting of notice; penalty.

§ 1705. Marking of boundary lines; posting of notice; penalty.
(a) The boundary lines of the special dog training area shall be plainly and conspicuously posted prior to September 1 of each year with legible notices, at least 10 inches by 12 inches in size, placed not more than 100 yards apart which shall bear the following warning:
SPECIAL DOG TRAINING AREA
HUNTING UNLAWFUL
THIS LAND IS SET ASIDE UNDER SPECIAL LICENSE FOR THE
TRAINING OF DOGS.
________________
ENTERING HEREON FOR THE PURPOSE OF HUNTING OR DISTURBING GAME OR PERMITTING DOGS TO ENTER WITHOUT AUTHORIZATION IS PUNISHABLE BY PENALTY OF TWENTY-FIVE DOLLARS ($25.00) FOR EACH OFFENSE.
________________________________________________________________(Name and address of licensee to be printed here)
(b) Whoever violates any of the provisions of any such notice and warning is guilty of a violation and shall be fined $25 for each offense, together with the costs of prosecution.
Code 1935, §  2869A;  48 Del. Laws, c. 131, §  1;  7 Del. C. 1953, §  1723;  71 Del. Laws, c. 135, §  14;  77 Del. Laws, c. 428, §§  1, 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 17. DOGS › § 1706. Injuring or destroying fence, wire or poster; penalty.

§ 1706. Injuring or destroying fence, wire or poster; penalty.
No person shall wilfully, negligently or maliciously cut, remove, cover up, deface or otherwise mutilate, injure or destroy any special dog training area boundary fence, wire or poster placed in accordance with this subchapter.
Whoever violates this section is guilty of a violation and shall be fined $10 for each offense, together with costs of prosecution.
Code 1935, §  2869A;  48 Del. Laws, c. 131, §  1;  7 Del. C. 1953, §  1724;  71 Del. Laws, c. 135, §  15;  77 Del. Laws, c. 428, §§  1, 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 17. DOGS › § 1707. Training of dogs; unlawful to carry firearm; penalty.

§ 1707. Training of dogs; unlawful to carry firearm; penalty.
(a) The owner or custodian of any bird, rabbit, raccoon or fox dog, may train and break the same, at any time of the year, daylight or night, except during the months of March, April, May, June, July and August. If while training or breaking dogs, the owner or custodian thereof exercises reasonable precaution to keep such dogs in control, and if any such dog, during such training, wanders off and out of control of the owner or custodian without the owner's or custodian's fault, such dog shall not be deemed to be running at large within the meaning of this section. If any dog kills any game protected by the laws of this State, during the closed season while so training, the owner or custodian shall be fined not less than $2.00 nor more than $5.00 for each offense.
(b) No person shall carry a firearm while training a dog in closed game season.
(c) The Department may issue an annual permit to the owner or custodian of any retriever dog authorizing the training of such dog or dogs at any time of the year provided such owner or custodian is a trainer of retriever dogs, and provided no game is to be used in the training. Any person to whom such a permit shall issue may possess artificially reared game and may hunt such game with a shotgun; but such game must be hand-liberated during dog training.
Code 1915, §  2406E;  34 Del. Laws, c. 185, §  1;  35 Del. Laws, c. 166, §  1;  37 Del. Laws, c. 225, §  1;  Code 1935, §  2869;  45 Del. Laws, c. 208, §  1;  7 Del. C. 1953, §  1704;  56 Del. Laws, c. 257;  57 Del. Laws, c. 739, §  77;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 431, §  1;  77 Del. Laws, c. 428, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 17. DOGS › § 1730-1740. Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; request for hearing; exceptions; hearing procedures; appeal; finding to declare a dog dangerous; duties of owner; finding to declare a dog potentially dangerous; duties of owner; liability of owner for costs of impoundment; rules and regulations; violations by owners of dangerous or potentially dangerous dogs; penalties; local ordinances.

§§ 1730-1740. Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; request for hearing; exceptions; hearing procedures; appeal; finding to declare a dog dangerous; duties of owner; finding to declare a dog potentially dangerous; duties of owner; liability of owner for costs of impoundment; rules and regulations; violations by owners of dangerous or potentially dangerous dogs; penalties; local ordinances.
Repealed by 77 Del. Laws, c. 428, § 5, effective July 1, 2010.
2023 Delaware Code › Title 7 - Conservation › Chapter 18. EEL FISHING › § 1801. Definitions.

§ 1801. Definitions.
(a) [Repealed.]
(b) “Commercially fish” shall mean for any person to attempt to take, take, catch, kill or reduce to possession any eel for the purpose of selling, trading or exchanging for money, materials or services with another or to set or fish any commercial eel fishing gear as defined in § 1810(3) of this title.
(c) “Delaware Bay” shall mean all those waters and submerged lands under the jurisdiction of the State located within an area bordered on the north by a straight line drawn between Liston Point, Delaware and Hope Creek, New Jersey and bordered on the south by a line drawn from Cape May Light to Harbor of Refuge Light; thence to the northernmost extremity of Cape Henlopen, but not including any tributaries thereto.
(d) “Delaware River” shall mean all those waters and submerged lands under the jurisdiction of the State located within an area to the north of a straight line connecting Liston Point, Delaware and Hope Creek, New Jersey, but not including any tributaries thereto.
(e) “Department” shall mean the Department of Natural Resources and Environmental Control.
(f) “Eels” shall mean American eels, Anguilla rostrata.
(g) “Initially sold” shall mean the first transaction of eel exchange between the person catching the eels and another person for monetary, material or services exchange.
(h) [Repealed.]
(i) “Nontidal waters” shall mean those waters where the tide does not regularly rise and fall.
(j) “Person” shall mean any human being.
(k) “Resident” shall mean a person who has resided in this State continuously for 1 year.
(l) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized designee.
(m) “Tidal waters” shall mean those waters where the tide regularly rises and falls.
(n) “To fish” shall mean to attempt to take, take, catch, kill or reduce to possession any eel by any means whatsoever.
61 Del. Laws, c. 256, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 196, §§   4, 5;
2023 Delaware Code › Title 7 - Conservation › Chapter 18. EEL FISHING › § 1802. Commercial license requirements; restrictions.

§ 1802. Commercial license requirements; restrictions.
(a) It shall be unlawful for any person to initially sell or offer for sale 25 or more eels per day unless the person selling or offering such eels for sale has a valid commercial eel fishing license issued by the Department.
(b) It shall be unlawful for any person to fish for eels with commercial eel fishing gear in the tidal waters of this State unless the person has a valid commercial eel fishing license on board the vessel used to fish issued by the Department.
(c) It shall be unlawful to fish for eels for the purpose of initially selling such eels in nontidal waters within the State unless authorized to do so by the Department.
(d) A commercial eel fishing license shall be valid from January 1 through December 31 next ensuing.
(e) Application for a commercial eel fishing license shall be made on the forms provided by the Department.
(f) The fee for a commercial eel fishing license to take eels shall be $115 for residents and $1,150 for nonresidents.
(g) A licensee may designate a resident of such licensee's state as an alternate on his or her license application, who shall be approved by the Department to fish for eels with the licensee's commercial eel fishing gear in the event that said licensee is unable to fish his or her commercial eel fishing gear already in the water and capable of catching eels.
(h) It shall be unlawful for an alternate to any commercial eel fishing licensee to sell or offer for sale any eels without the written consent of the licensee and without prior notification to the Department.
(i) Any person issued a commercial eel license by the Department shall file monthly reports of their catch by area, effort and weight on forms provided by the Department. The monthly report must be filed with the Department by 4:
30 p.m. of the last working day of the month following the month for which the information contained in the report reflects. Failure to abide with the filing requirement, set forth in this subsection, will result in:
(1) A warning issued by the Secretary, for the first failure to file;
(2) Suspension of the commercial eel fishing license by the Secretary for a period of up to 30 days or until such time as the report is filed, whichever occurs sooner, for the second failure to file; and
(3) Revocation of the commercial eel license by the Secretary until such time when all reporting requirements are fulfilled in a manner acceptable to the Secretary, for a third or subsequent failures to file.
61 Del. Laws, c. 256, §  1;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 53, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 18. EEL FISHING › § 1804. Reciprocity for commercial nonresident licenses.

§ 1804. Reciprocity for commercial nonresident licenses.
When by or pursuant to the laws or regulations of any other state, should any other state impose any tax, other fee or restrictions on nonresidents for the privilege of commercial eel fishing within its boundaries, which tax, or other fee is in the aggregate greater or restriction is greater, to include the nonavailability of a license for nonresidents, the same taxes, other fees, license requirements and restrictions shall be imposed by the Department upon residents of the state who seek to apply for a license to commercially fish for eels within the boundaries of this State.
61 Del. Laws, c. 256, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 18. EEL FISHING › § 1805. Commercial license number.

§ 1805. Commercial license number.
(a) The Department shall assign a number to all commercial eel fishing licensees.
(b) It shall be unlawful for a commercial eel fishing licensee to fish with commercial eel fishing gear without fixing his or her assigned number in 2 inch block numbers, prefixed by “E” to each piece of gear, in a conspicuous place on the floats, markers, stakes or flags observable above the surface of the waters at all times.
61 Del. Laws, c. 256, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 18. EEL FISHING › § 1806. Prohibited fishing devices and substances.

§ 1806. Prohibited fishing devices and substances.
(a) It shall be unlawful for any person to make use of any net, trap, catching device, contrivance, explosive, chemical or substance whatsoever, except commercial eel fishing gear or noncommercial eel fishing gear as defined in § 1801 of this title, for the purpose of taking or attempting to take eels for any reason whatsoever in any waters of this State. Said devices and/or substances when found unlawfully in use may be confiscated by the Department. Said devices and/or substances shall be destroyed or disposed of by public auction. Costs of the auction will be taken from the proceeds; any balance from the auction will revert to the General Fund of the State.
(b) It shall be legal for the Department and its authorized agents to use chemicals, electrofishing apparatus and other devices deemed appropriate for use in eel management, research and other scientific purposes; provided consent is obtained from owners of privately owned waters, or in the event such owners cannot be located after a reasonable search, a notice will be posted on those waters and surrounding shores of the intended use of these chemicals or devices 5 days prior to their use.
61 Del. Laws, c. 256, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 18. EEL FISHING › § 1807. Illegal use or destruction of fishing gear.

§ 1807. Illegal use or destruction of fishing gear.
It shall be unlawful for any person to fish, lift, remove or wilfully damage or destroy any commercial or noncommercial eel fishing gear owned by another person, except that employees of the Department may inspect commercial eel fishing gear to insure compliance with this chapter.
61 Del. Laws, c. 256, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 18. EEL FISHING › § 1808. Penalty.

§ 1808. Penalty.
Any person who violates any of the provisions of this chapter shall be guilty of a class C environmental violation. Justices of the Peace Courts shall have jurisdiction over offenses under this chapter.
61 Del. Laws, c. 256, §  1;  79 Del. Laws, c. 421, §  7;
2023 Delaware Code › Title 7 - Conservation › Chapter 18. EEL FISHING › § 1809. Department of Natural Resources and Environmental Control; authority; regulations.

§ 1809. Department of Natural Resources and Environmental Control; authority; regulations.
(a) The Department of Natural Resources and Environmental Control shall administer and enforce the laws and regulations of this State relating to eel fishing. The Department shall have the authority to cooperate with and assist departments, agencies and offices of this State and other states, local governments, and the federal government in the management and conservation of eels.
(b) The Department of Natural Resources and Environmental Control shall have the authority to promulgate regulations concerning eels in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. Eel regulations promulgated by the Department shall be consistent with the adopted Interstate Fishery Management Plan for American Eel. Such regulations may include any of the following:
(1) Minimum and maximum size limits.
(2) The quantities of eels that may be taken.
(3) The periods of time that eels may be taken.
(4) The areas from which eels may be taken.
(5) The gear by which eels may be taken.
70 Del. Laws, c. 204, §  1;  72 Del. Laws, c. 296, §  1;  80 Del. Laws, c. 196, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 18. EEL FISHING › § 1810. Temporary limits [Effective until fulfillment of requirements in the introductory paragraph of this section].

§ 1810. Temporary limits [Effective until fulfillment of requirements in the introductory paragraph of this section].
The following limits prescribed by the Atlantic States Marine Fisheries Commission for eel on August 20, 2013, shall be in effect until the Department adopts regulations pursuant to the authority granted in § 1809 of this title.
(1) Minimum mesh size for eel pots shall not be less than ½ inch by ½ inch.
(2) It shall be unlawful for any person to possess any eel that measures less than 9 inches in total length.
(3) “Commercial eel fishing gear” shall include the following items:
a. A fyke net or hoop net of a diameter not exceeding 30 inches when more than 1 such net is being fished by a person;
b. Eel pots when more than 2 such pots are being fished by a person;
c. Any seine net with a mesh size of less than 1 inch and greater than 100 feet in total length; and
d. A minnow trap when more than 2 such traps are being fished by any person.
(4) “Noncommercial eel fishing gear” shall include the following items:
a. A fyke net or hoop net of a diameter not exceeding 30 inches when only 1 is in use by a person;
b. Eel pots when 2 or less pots are being fished by a person;
c. A seine net less than or equal to 100 feet in length;
d. A cast net;
e. A lift net or umbrella net less than or equal to 5 feet in diameter;
f. A dip net less than or equal to 3 feet in diameter;
g. Spear, arrow or gigs;
h. A minnow trap when less than 2 are being fished by a person;
i. Hooks and lines when an individual places, sets or tends 3 or less separate lines with any 1 line having no more than 3 hooks attached (double and treble hooks counted as 1 hook).
(5) It shall be unlawful for any person to possess more than 25 eels, unless said person has been issued a valid commercial eel license or has in that person's possession a valid receipt for said eels from another person who is authorized to catch or take eels for commercial purposes.
72 Del. Laws, c. 296, §  2;  80 Del. Laws, c. 196, § 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 18. EEL FISHING › § 1811. . . Quota management system implementation.

§ 1811. . Quota management system implementation.
If a fishery management plan approved by the Atlantic States Marine Fisheries Commission requires the implementation of a quota management system for commercial landings of eel, any regulations adopted by the Department of Natural Resources shall not establish such quota management system, including, but not limited to, requirements associated with setting a statewide quota management system for eels and limitations or conditions on the number or transfer of commercial eel licenses. Any such quota management system required by the Atlantic States Marine Fisheries Commission shall be implemented through legislative action.
80 Del. Laws, c. 196, § 3;
2023 Delaware Code › Title 7 - Conservation › Chapter 19. GENERAL PROVISIONS › § 1902. Duties of Department; powers; making and enforcing regulations.

§ 1902. Duties of Department; powers; making and enforcing regulations.
(a) The Department shall have control and direction of the shellfish industry and of the protection of shellfish resources throughout this State. The Department may adopt, promulgate, amend and repeal regulations consistent with the law, which shall be enforced by the Department or any peace officers for the following purposes:
(1) To preserve and improve the shellfish industry of this State;
(2) To prevent and control the spread of shellfish-borne diseases by providing for the sanitary harvesting, handling, transportation, processing, production and sale of shellfish;
(3) To regulate, inspect and approve any vessel or equipment used in the shellfish industry in this State;
(4) To provide for the issuance of licenses or leases to persons engaged in the shellfish industry in this State and for the revocation for cause of such licenses or leases;
(5) To provide for the preservation and improvement of the shellfish resources of this State, when deemed necessary.
(b) The regulations of the Department shall have the force and effect of law and shall supersede all local ordinances and regulations enacted or adopted which are inconsistent therewith.
(c) For the purpose of enforcing the marine fisheries laws on the waters under the jurisdiction of the State, the Department shall keep and maintain suitable vessels to patrol these waters. The patrol vessel shall be subject to call at all times to enforce the marine fisheries laws of the State. On board the patrol boats shall be kept log books in which shall be recorded the daily activities of all the functions performed on any work day.
7 Del. C. 1953, §  1907;  51 Del. Laws, c. 151, §  1;  57 Del. Laws, c. 739, §§  91, 92;  60 Del. Laws, c. 513, §  2;  70 Del. Laws, c. 588, §  1;  79 Del. Laws, c. 178, §  2;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;