reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 931. Theft and attempted theft of fishing equipment or finfish from fishing equipment.

§ 931. Theft and attempted theft of fishing equipment or finfish from fishing equipment.
(a) No person shall take and/or remove any finfish from any fishing equipment that is owned by another person without having received written authority to take and/or remove said finfish.
(b) No person shall attempt to take and/or remove any finfish from any fishing equipment that is owned by another person without having received the express written authority to attempt to take and/or remove said finfish.
(c) No person shall remove legally placed fishing equipment of another person without the written permission of the lawful owner thereof.
(d) No person shall attempt to remove legally placed fishing equipment of another person without the written permission of the lawful owner thereof.
(e) The Division and employees thereof shall have the authority to confiscate and sell any finfish taken in violation of this section. The purpose of any sale of confiscated finfish shall be to determine the fair market value of the illegally taken finfish and prevent the wasting of the perishable resource. The moneys received from the sale of any finfish shall be paid to the owner of the fishing equipment from which the finfish were illegally removed.
(f) Theft of finfish, or attempted theft of finfish, from another person's fishing equipment shall be a class A misdemeanor, unless the value of the finfish is $300 or more, in which case it shall be a class E felony. Whoever violates this section shall be fined and/or imprisoned in accordance with the fines and/or terms of imprisonment specified in Chapter 42 of Title 11 for a class A misdemeanor and a class E felony.
64 Del. Laws, c. 251, §  1;  70 Del. Laws, c. 500, §  1;  73 Del. Laws, c. 28, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 932. Removal and inspection of fishing equipment by authorized personnel; confiscation and sale of illegally used equipment.

§ 932. Removal and inspection of fishing equipment by authorized personnel; confiscation and sale of illegally used equipment.
(a) Any authorized employee of the Department may inspect any fishing equipment placed in the tidal waters of this State.
(b) Any authorized employee of the Department may remove any fishing equipment used in the tidal waters of the State that is not marked, identified and/or being used for fishing according to this chapter or regulation promulgated by the Department or permit issued by the Division, provided that the Department notify, or attempt to notify, the owner of said equipment when said owner is known, and give such owner the opportunity to remove said fishing equipment.
(c) Any fishing equipment removed from the tidal waters of the State, as provided for in this section, which is not claimed by its owner within 30 days after its removal shall be subject to the following provisions that provide for its disposition by public sale:
(1) After the 30-day waiting period the Department shall advertise the sale of the removed fishing equipment in a newspaper of general circulation throughout the State. The advertisement shall give a brief description of the property and the procedure for the sale thereof.
(2) The sale of the advertised property will be conducted by the Department. The Department shall accept sealed bids for the property, with the property being sold to the highest bid received.
(3) Any moneys received from the sale of the removed property shall be retained by the Department for a period of 1 year after receipt of said moneys, during which time the owner of the removed property may file a claim with the Department for the payment of said moneys. The expenses of the Department for arranging the public sale of the removed fishing equipment may be deducted from any moneys paid to the owner of the removed fishing equipment.
(4) Moneys from the public sale of the removed fishing equipment that are not claimed by the owner of said equipment within 1 year after the receipt of said moneys shall be deposited into the Finfisheries Development Fund.
Code 1915, §  2516;  28 Del. Laws, c. 203;  Code 1935, §  3004;  7 Del. C. 1953, §  952;  57 Del. Laws, c. 739, §§  62, 63;  64 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 933. Search of persons, boats, vessels and commercial facilities.

§ 933. Search of persons, boats, vessels and commercial facilities.
Any authorized employee of the Department, after determining there is probable cause that there has been a violation of this chapter or any regulation promulgated by the Department or any permit issued by the Division, may do the following without obtaining a warrant beforehand:
(1) Search, examine and/or inspect any person and/or any person's vehicle, vessel and/or any container or other receptacle in and/or on any vehicle or vessel that is under the control or possession of said person for the purpose of determining said person's compliance with this chapter or any regulation promulgated by the Department or permit issued by the Division pertaining to the size, limits, sale, purchase and possession of finfish and/or the method of taking finfish;
(2) Detain any person and/or person's vehicle or vessel for a reasonable length of time to conduct any search, examination and/or inspection thereof, as described in paragraph (1) of this section; and
(3) Inspect, search and/or examine any commercial facility in the business of selling and/or storing finfish in the presence of any occupant of said facility to determine compliance with this chapter and any regulation promulgated by the Department or permit issued by the Division.
64 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 934. Seizure and forfeiture of finfish.

§ 934. Seizure and forfeiture of finfish.
(a) Any authorized employee of the Department who has probable cause to believe that there is a violation of this chapter or any regulation promulgated by the Department or permit issued by the Division may seize the following items under the following conditions:
Any finfish located, found, retained, taken and/or caught in violation of this chapter or any regulation promulgated by the Department or permit issued by the Division.
(b) Any authorized employee of the Department who has seized finfish pursuant to this section shall comply with the provisions of § 935 of this title.
(c) Any authorized employee of the Department who has seized any finfish pursuant to this section may seek to have the finfish forfeited. If the fair market value of the seized finfish exceeds $100, then the Superior Court shall have jurisdiction over the alleged violation, and any forfeiture of the finfish shall be in accordance with the appropriate rules of procedure of the Superior Court and § 935 of this title. If the fair market value of the seized finfish is $100 or less, then the Justice of the Peace Courts shall have jurisdiction over the alleged violation, and any forfeiture of the finfish shall be in accordance with the appropriate rules of procedure of the Justice of the Peace Courts.
Code 1915, §  2516;  28 Del. Laws, c. 203;  Code 1935, §  3004;  7 Del. C. 1953, §  952;  57 Del. Laws, c. 739, §§  62, 63;  64 Del. Laws, c. 251, §  1;  65 Del. Laws, c. 193, §  13;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 935. Sale of seized finfish.

§ 935. Sale of seized finfish.
(a) Except as otherwise provided in this chapter, in view of the perishable nature of fish, any employee of the Department authorized to enforce this chapter or any regulation promulgated by the Department or permit issued by the Division who seizes any finfish may dispose of said finfish in accordance with the following procedures:
(1) Finfish may be sold, and any person may purchase said finfish for money at or above fair market value;
(2) The moneys received from the sale of the finfish shall be deposited with the Superior Court in which the complaint and/or charges for the alleged violation are to be filed. Thereafter, disposition of the proceeds will be in accordance with the Rules of Civil Procedure for the Superior Court of the State of Delaware. In each case where the Superior Court has declared the finfish and moneys obtained from the sale thereof as being forfeited, all moneys not subject to valid claim by other parties and remaining with the Superior Court shall be deposited by the Superior Court into the Finfisheries Development Fund. Upon the acquittal or dismissal of charges against the alleged violator the proceeds shall be returned to said person; and
(3) The seizure and sale of finfish shall be without prejudice to any other rights and/or remedies provided for by law, contract or agreement, or this chapter or any regulations promulgated by the Department or permit issued by the Division.
(b) Whenever the Department seizes any finfish, it may elect not to follow the procedures for the disposal of said finfish that are set forth in subsection (a) of this section, and the Department may dispose of said seized finfish in accordance with the following procedures:
(1) Finfish that have been seized after an alleged violation of this chapter or any regulation promulgated by the Department or permit issued by the Division may be sold by the person alleged to have committed said violation;
(2) The proceeds of the sale by the alleged violator shall be deposited with the Superior Court;
(3) Upon the conviction of the alleged violator, the disposition of the proceeds will be in accordance with the procedure set forth in paragraph (a)(2) of this section. Upon the acquittal, or dismissal of the charges against the alleged violator, the proceeds shall be returned to said person; and
(4) Paragraph (a)(3) of this section shall be applicable to any sale of finfish under this subsection.
Code 1915, §  2514;  28 Del. Laws, c. 203;  Code 1935, §  3002;  7 Del. C. 1953, §  915;  64 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 937. Suspension or refusal to issue commercial finfishing license.

§ 937. Suspension or refusal to issue commercial finfishing license.
If a commercial fisher during a 1-year period has committed 3 or more violations of any provision of this chapter or any regulation promulgated by the Department or permit issued by the Division and is convicted of said violations, the Department, upon the recommendation of the Council, may suspend or refuse to issue a commercial food fishing license to said fisher.
64 Del. Laws, c. 251, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 938. Creel limits on finfish; exceptions.

§ 938. Creel limits on finfish; exceptions.
(a) Unless otherwise provided in this chapter, or by regulations promulgated by the Department, or permit issued by the Division, a fisher shall not have in possession at or between the place caught and the fisher's personal abode or temporary or transient place of lodging more finfish than exceed the following numbers for the species listed:
10 for tautog (Tautoga onitis) or blackfish.
(b) Each finfish of a species in possession that exceeds the number authorized in subsection (a) of this section shall constitute a separate violation.
67 Del. Laws, c. 298, §  1;  68 Del. Laws, c. 374, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 939. Fishing seasons; exception.

§ 939. Fishing seasons; exception.
(a) Notwithstanding § 938 of this title, it shall be unlawful for any person to possess or retain more than 3 tautog (Tautoga onitis) during the period beginning at 12:
01 a.m. on April 1 through and including midnight on June 30 next ensuing except that an individual who free dives without the aid of an underwater mechanical breathing device may take by spear and possess not more than 10 tautog per day during this period.
Notwithstanding § 929(b)(7) of this title, it shall be unlawful to possess any tautog during the period beginning at 12:
01 a.m. on April 1 through and including midnight on June 30, next ensuing, which measures less than 15 inches long in total length.
(b) Each tautog taken and retained in violation of the provisions in subsection (a) of this section shall constitute a separate violation.
68 Del. Laws, c. 374, §  1;  69 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 940. Food fish dealer permits.

§ 940. Food fish dealer permits.
(a) If a fishery management plan approved by the Secretary of the U.S. Department of Commerce or Atlantic States Marine Fisheries Commission requires the commercial landings of a food fish species to be managed with a quota, said food fish species, if landed in this State by a commercial finfisher, shall not be purchased, sold, traded and/or bartered by a food fish dealer without a food fish dealer permit. The Department shall not charge a fee for a food fish dealer permit.
(b) All food fish dealer permit holders shall maintain log books, supplied by the Department, for those food fish species that have management plans which require commercial landings to be monitored for purposes of a quota. Food fish dealer permit holders shall forward copies of their log book entries to the Department as prescribed by the Department. The log books shall record the following:
(1) The commercial food fishing license number of the commercial finfisher who landed the food fish; and
(2) The number and/or weight, by species, of food fish purchased, traded and/or bartered from each commercial finfisher.
(c) The Department may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.
71 Del. Laws, c. 214, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 941. Headboat/charter boat fishing permits; reporting requirements.

§ 941. Headboat/charter boat fishing permits; reporting requirements.
(a) If a fishery management plan approved by the Secretary of the U.S. Department of Commerce or Atlantic States Marine Fisheries Commission requires the landings of a finfish species by headboats and charter boats to be monitored, said finfish species, if caught on a headboat or charter boat, shall not be landed in this State unless the owner or operator of said boat has been issued a headboat/charter boat fishing permit. The Department shall not charge a fee for the headboat/charter boat fishing permit.
(b) All headboat/charter boat fishing permit holders shall maintain a logbook, supplied by the Department, for those finfish species that have management plans which require landings to be monitored. Headboat/charter boat fishing permit holders shall forward copies of their logbook entries to the Department as prescribed by the Department. The logbooks shall contain, but not be limited to:
(1) The headboat/charter boat fishing permit number; and
(2) The number and/or weight, by species, of finfish landed on each date.
(c) The Department may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.
72 Del. Laws, c. 362, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 942. Control of invasive finfish species.

§ 942. Control of invasive finfish species.
(a) Definitions.
(1) “Invasive finfish species” means a non-native finfish species, including the eggs thereof or other biological material, capable of spread, reproduction or propagation, whose introduction or proliferation causes or is likely to cause, as determined by the Department, economic or environmental harm or harm to human health or safety.
(2) “Non-native finfish species” means finfish species that are not naturally occurring in Delaware but are capable of living and reproducing in the wild without continued human agency, including invasive finfish species. Non-native finfish species may include genetically modified native species.
(b) The Department is authorized to authorize, regulate, prohibit, prescribe, or restrict anywhere in the State the acquisition, importation, introduction, possession, transportation, disposition, or release into public or private tidal waters of any invasive finfish species. The Department is further authorized to prescribe and regulate the methods used to take or eliminate invasive finfish species from tidal waters.
78 Del. Laws, c. 319, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter I. General Provisions › § 1101. Application of chapter.

§ 1101. Application of chapter.
This chapter shall apply to fishing for finfish in all the nontidal waters of this State. This chapter shall not apply to cultured aquatic stock in transit to, or in or removed from, registered aquaculture facilities pursuant to Chapter 4 of Title 3.
64 Del. Laws, c. 251, §  2;  69 Del. Laws, c. 103, §  9;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter I. General Provisions › § 1102. Definitions.

§ 1102. Definitions.
(a) Unless otherwise provided in this chapter, and in addition to the words defined in this section, the words and definitions contained in § 906 of this title are hereby incorporated into this section and chapter.
(b) “Freshwater finfish” or “freshwater fish” as used in this chapter shall mean any species of finfish that may be found in fresh or nontidal waters of this State.
(c) “Nontidal waters” or “freshwater” as used in this chapter or any regulation promulgated by the Department or permit issued by the Division or Director shall mean those waters in the State where the lunar tide does not regularly ebb and flow.
64 Del. Laws, c. 251, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter I. General Provisions › § 1103. Equipment and methods used for fishing for freshwater finfish.

§ 1103. Equipment and methods used for fishing for freshwater finfish.
Unless otherwise authorized by regulation promulgated by the Department or permit issued by the Division or Director, it shall be illegal for any person to fish for any freshwater fish in the nontidal waters of this State with any fishing equipment or by any method, unless it is provided for in the following paragraphs:
(1) A hook and line may be used, and each hook and line shall have no more than 3 hooks or 3 separate lures with hooks.
(2) Except for a person fishing for freshwater finfish with a hook and line through ice, the number of hooks and lines any 1 person shall be permitted to use to fish for any freshwater finfish in the nontidal or fresh waters of the State shall be no more than 2. Fishing through ice shall be governed by regulations promulgated by the Department.
(3) A person may use a dip net to aid in landing any freshwater finfish taken or caught by hook and line in the nontidal or fresh waters of the State.
(4) Upon the request of an owner or tenant of any pond, lake or impoundment located in the State, the Director may issue a permit to said owner or tenant, authorizing said owner or tenant to fish for freshwater finfish with any fishing equipment, or by any method other than what has been authorized by this chapter or any regulation promulgated by the Department or permit issued by the Director. However, no owner or tenant of any pond, lake or impoundment located in this State shall use or attempt to use any chemical, poison and/or electrical equipment or device to fish for freshwater finfish.
(5) Upon the request of the owner of any privately owned pond located in the State, employees of the Division may be authorized by the Director to use any chemical, poison and/or electrical equipment or device to fish in said owner's pond for the purpose of fish management practices.
(6) Carp may be taken and/or fished for by using a bow and arrow and/or spear, unless said equipment or method is otherwise restricted by any regulation promulgated by the Department.
Code 1915, §  2529;  30 Del. Laws, c. 176, §  8;  Code 1935, §  3017;  7 Del. C. 1953, §  1106;  64 Del. Laws, c. 251, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter I. General Provisions › § 1104. Regulations promulgated by Department.

§ 1104. Regulations promulgated by Department.
Nothing in this chapter shall be interpreted to lessen or preclude the Department's authority to promulgate regulations pertaining to freshwater fish pursuant to the provisions of § 103 of this title.
64 Del. Laws, c. 251, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter I. General Provisions › § 1105. Sale and attempted sale of freshwater finfish.

§ 1105. Sale and attempted sale of freshwater finfish.
(a) No person shall sell, trade or barter any finfish taken from the nontidal waters of this State, unless said person has been authorized to do so in a permit issued by the Director.
(b) No person shall attempt to sell, trade or barter any freshwater finfish taken from the nontidal water of this State, unless said person has been authorized to do so in a permit issued by the Director.
64 Del. Laws, c. 251, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter I. General Provisions › § 1106. Enforcement of chapter; violations.

§ 1106. Enforcement of chapter; violations.
(a) The Secretary, the Department and persons authorized by the Secretary shall enforce this chapter and any regulation promulgated by the Department or any permit issued by the Division or Director.
(b) Any person, organization, group, business, corporation, partnership or any other type of entity that violates this chapter and/or any permit issued by the Division or Director pursuant to this chapter shall be punished under § 1304 of this title.
(c) Any person, organization, group, business, corporation, partnership or any other type of entity that violates any regulation promulgated by the Department pursuant to § 103 of this title, shall be punished under § 103(d) of this title.
23 Del. Laws, c. 128, §  2;  Code 1915, §  2539;  40 Del. Laws, c. 191, §  34;  Code 1935, §  3026;  7 Del. C. 1953, §  1124;  64 Del. Laws, c. 251, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter I. General Provisions › § 1107. Fee fishing operations; exemptions.

§ 1107. Fee fishing operations; exemptions.
Any person who lawfully takes and has fish in the person's possession from a fee fishing operation, registered as same with the Department of Agriculture according to Chapter 4 of Title 3, is exempt from any seasonal restrictions, size limits and/or creel limits on said fish, provided said person has in the person's possession a valid receipt for said fish, issued by the owner or the owner's agent of the fee fishing operation pursuant to § 407(d) of Title 3.
69 Del. Laws, c. 103, §  13;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter II. Fresh Water Trout Fishing › § 1124. Issuance of special trout fishing stamp.

§ 1124. Issuance of special trout fishing stamp.
The Department shall annually issue a distinctive stamp for fresh water trout fishers, which shall be known as the Delaware trout fishing stamp.
7 Del. C. 1953, §  1125;  50 Del. Laws, c. 257, §  2;  57 Del. Laws, c. 739, §  68;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter II. Fresh Water Trout Fishing › § 1125. Sale of stamps; applications; price.

§ 1125. Sale of stamps; applications; price.
(a) Licensing agents, who are authorized by the Department to sell fishing licenses, are authorized to sell Delaware trout fishing stamps, and for their sale shall be entitled to the compensation provided by § 511 of this title for the sale of migratory waterfowl stamps.
(b) Applications for the purchase of the said stamps shall be in a manner specified by the Department.
(c) The purchase price of the special trout fishing stamps shall be set by the Department annually, but the maximum prices shall be as follows:
(1) For Delaware residents:
$4.20 for persons 16 years of age and older; and $2.10 for persons 12 to 16 years of age. Stamps are not required for any Delaware resident under 12 years of age.
(2) For nonresidents:
$6.20. Stamps are not required for any nonresident under 12 years of age.
7 Del. C. 1953, §  1126;  50 Del. Laws, c. 257, §  2;  57 Del. Laws, c. 739, §  69;  63 Del. Laws, c. 315, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 443, §  3;  83 Del. Laws, c. 218, § 3;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter II. Fresh Water Trout Fishing › § 1126. Stamp requirement and possession; exemptions from purchase of stamp.

§ 1126. Stamp requirement and possession; exemptions from purchase of stamp.
Anyone who fishes in fresh waters stocked with trout by the Department at locations and during seasons designated by the Department shall purchase a Delaware trout fishing stamp. Such stamp must be in the possession of persons fishing in such waters, either as a gummed paper stamp validated by the signature of the licensee written in ink across the face of said stamp, or in paper or digital form encoded in a manner that validates the stamp holder. Delaware trout fishing stamp holders shall be permitted to take trout during the open season for such fish and in a manner permitted by law from the fresh waters which are stocked with trout by the Department. Any person exempt from purchasing a Delaware fishing license under § 502(e)-(i), § 502(k)-(l), or § 507(d) of this title is also exempt from purchasing a Delaware trout fishing stamp.
7 Del. C. 1953, §  1127;  50 Del. Laws, c. 257, §  2;  57 Del. Laws, c. 739, §  70;  63 Del. Laws, c. 315, §  2;  69 Del. Laws, c. 103, §  12;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 218, § 4;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter II. Fresh Water Trout Fishing › § 1127. Exception for owner or lessee of land traversed by trout-stocked waters.

§ 1127. Exception for owner or lessee of land traversed by trout-stocked waters.
An owner or bona fide lessee of land traversed by trout-stocked waters and members of his or her immediate family may fish such waters upon his or her land without purchasing a stamp.
7 Del. C. 1953, §  1128;  50 Del. Laws, c. 257, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter II. Fresh Water Trout Fishing › § 1128. Use of proceeds of sale of stamps.

§ 1128. Use of proceeds of sale of stamps.
All moneys received from the sale of Delaware trout fishing stamps shall be deposited at least monthly by the Department with the State Treasurer, to be by him or her retained until expended upon proper vouchers of the Department only for the purchase of trout for restocking those waters of the State considered suitable for such purpose or for the improvement of such waters for trout fishing.
7 Del. C. 1953, §  1129;  50 Del. Laws, c. 257, §  2;  57 Del. Laws, c. 739, §  71;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 11. FINFISHING IN NONTIDAL WATERS › Subchapter II. Fresh Water Trout Fishing › § 1129. Offenses; penalty.

§ 1129. Offenses; penalty.
The following acts shall be offenses under this subchapter punishable as a Class D environmental violation for each such act:
(1) To alter or change a Delaware trout fishing stamp in any way;
(2) To loan such a stamp to another person for use as authority to fish in trout-stocked waters;
(3) To furnish any false information as to the identity of the applicant upon the application for such a stamp;
(4) To take or attempt to take any rainbow, brown, or brook trout from any fresh waters stocked by the Department with trout without having purchased a stamp and affixed and signed the same as provided in this subchapter, except upon lands owned or leased as provided in § 1127 of this title;
(5) Upon demand by any Fish and Wildlife Agent to fail or refuse to exhibit a stamp when fishing in trout-stocked waters; except upon lands owned or leased as provided in § 1127 of this title.
7 Del. C. 1953, §  1130;  50 Del. Laws, c. 257, §  2;  57 Del. Laws, c. 739, §  72;  70 Del. Laws, c. 105, §  7;  79 Del. Laws, c. 421, §  5;
2023 Delaware Code › Title 7 - Conservation › Chapter 13. ENFORCEMENT OF GAME AND FISH LAWS › § 1301. Arrest of violators without warrant by license holders.

§ 1301. Arrest of violators without warrant by license holders.
Every person holding a license for hunting or fishing, as prescribed by law, may arrest, without warrant, violators of this part.
26 Del. Laws, c. 162, §  10;  Code 1915, §  2367;  Code 1935, §  2813;  7 Del. C. 1953, §  1301;
2023 Delaware Code › Title 7 - Conservation › Chapter 13. ENFORCEMENT OF GAME AND FISH LAWS › § 1302. Arrest of violators without warrant by freeholder, leaseholder or employee.

§ 1302. Arrest of violators without warrant by freeholder, leaseholder or employee.
Any freeholder or leaseholder or member of his or her family or any person in his or her employ may arrest, without warrant, any person who, upon the freehold or leasehold, commits any violation of this part.
26 Del. Laws, c. 162, §  11;  Code 1915, §  2368;  Code 1935, §  2814;  7 Del. C. 1953, §  1302;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 13. ENFORCEMENT OF GAME AND FISH LAWS › § 1303. Confiscation and disposition of game and fish unlawfully taken.

§ 1303. Confiscation and disposition of game and fish unlawfully taken.
The Department shall confiscate all game and fish unlawfully taken or had in possession, and dispose of the same by destroying it or distributing it among charitable institutions.
26 Del. Laws, c. 162, §  13;  Code 1915, §  2370;  Code 1935, §  2816;  7 Del. C. 1953, §  1303;  57 Del. Laws, c. 739, §  73;
2023 Delaware Code › Title 7 - Conservation › Chapter 13. ENFORCEMENT OF GAME AND FISH LAWS › § 1305. Violations by corporations; service; collection of fines.

§ 1305. Violations by corporations; service; collection of fines.
Where a corporation is accused of violating this part, the warrant of arrest may be read to the president, secretary, or manager in this State, or to any general or local agent thereof in any county where the action or indictment is pending. Upon return of the warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof. Any fine imposed may be collected by execution against the property of the corporation. This section shall not exempt an agent or employee from prosecution.
26 Del. Laws, c. 164, §  10;  Code 1915, §  2399;  Code 1935, §  2859;  7 Del. C. 1953, §  1305;
2023 Delaware Code › Title 7 - Conservation › Chapter 13. ENFORCEMENT OF GAME AND FISH LAWS › § 1306. Failure of officer or Fish and Wildlife Agent to do duty; penalty.

§ 1306. Failure of officer or Fish and Wildlife Agent to do duty; penalty.
Whoever, being an official, officer or Fish and Wildlife Agent, fails to perform any act, duty or obligation enjoined upon the person by this part, shall be guilty of a class D environmental violation.
26 Del. Laws, c. 164, §  11;  Code 1915, §  2400;  Code 1935, §  2860;  7 Del. C. 1953, §  1306;  70 Del. Laws, c. 105, §  8;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 421, §  6;
2023 Delaware Code › Title 7 - Conservation › Chapter 13. ENFORCEMENT OF GAME AND FISH LAWS › § 1307. Report to Department.

§ 1307. Report to Department.
Any court or officer of any court, before whom any prosecution, under this part, is commenced or shall go on appeal, and within 20 days after trial or dismissal thereof, shall report in writing the result thereof and the amount of fine or forfeiture collected, if any, and the disposition thereof, to the Department, remitting at the same time all money collected from fines and forfeitures.
26 Del. Laws, c. 164, §§  12, 15;  27 Del. Laws, c. 155, §§  2, 3;  Code 1915, §  2401;  Code 1935, §  2861;  7 Del. C. 1953, §  1307;  57 Del. Laws, c. 739, §  74;
2023 Delaware Code › Title 7 - Conservation › Chapter 13. ENFORCEMENT OF GAME AND FISH LAWS › § 1308. Affidavit, complaint or indictment charging several offenses; proof.

§ 1308. Affidavit, complaint or indictment charging several offenses; proof.
Two or more offenses may be charged in the same affidavit, complaint or indictment. Proof as to a part of a bird, animal or fish shall be sufficient to sustain a charge to the whole of it. The violation of this part as to a number of animals, birds or fish may be charged in the same count, and punished as a separate offense as to each animal, bird or fish.
26 Del. Laws, c. 164, §  13;  Code 1915, §  2402;  Code 1935, §  2862;  7 Del. C. 1953, §  1308;
2023 Delaware Code › Title 7 - Conservation › Chapter 13. ENFORCEMENT OF GAME AND FISH LAWS › § 1309. Jurisdiction of justices of peace; appeal; bond.

§ 1309. Jurisdiction of justices of peace; appeal; bond.
(a) The justices of the peace in this State shall have jurisdiction of all offenses under this part, unless another court is given exclusive jurisdiction.
(b) Any person charged before a justice of the peace with a violation of this part shall have the right to appeal to the Court of Common Pleas for the county wherein the hearing before the justice of the peace takes place. The appeal shall be allowed by the justice at any time within 15 days from the day of giving the judgment and not after, counting the day as 1, upon the party entitled to the appeal, or the party's agent or attorney, praying it and offering sufficient security in such sum as the justice deems sufficient to cover the judgment appealed from and the costs on the appeal. The justice shall make an entry thereof as follows:
“On the day of , 20, the said appeals, and becomes surety in the sum of that the said appeal shall be prosecuted with effect, and also that any judgment which shall be rendered against the said or that person's executors or administrators, upon said appeal, shall be satisfied.”
The entry shall be signed by the sureties or it shall be void. When signed it shall be an obligation of record to the extent of the sum therein expressed, and shall bind the sureties and their executors and administrators, jointly and severally, to satisfy any judgment rendered on the appeal against the party appealing, or that person's executors or administrators, and, if the appeal is not duly entered in Court, or is dismissed, then to satisfy the judgment appealed from with all costs on the appeal. A civil action may be sustained on such entry before a justice, if the demand does not exceed $200, or if above that sum in the Court of Common Pleas, or if the appeal is not entered, or is dismissed, execution may be issued against the defendant and surety.
25 Del. Laws, c. 228, §§  1, 2;  Code 1915, §  2410;  Code 1935, §  2863;  7 Del. C. 1953, §  1309;  69 Del. Laws, c. 423, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 13. ENFORCEMENT OF GAME AND FISH LAWS › § 1310. Illegal possession of Atlantic sailfish, blue marlin, white marlin and striped marlin; penalties.

§ 1310. Illegal possession of Atlantic sailfish, blue marlin, white marlin and striped marlin; penalties.
(a) No person shall sell, possess for sale, offer for sale, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport or cause to be transported, carry or cause to be carried, by any means whatever, for the purpose of sale, or barter, the carcass, processed byproduct, or any portion thereof of any Atlantic sailfish (istiophorus americanus), blue marlin (makaira nigricans ampla), white marlin (makaira albida) or striped marlin (makaira mitsukurii).
(b) This section shall not apply to Atlantic sailfish, blue marlin, white marlin or striped marlin, whole, packed or processed in transportation in unbroken packages and coming from any other state or country, but such packages shall be clearly marked by stencil, tag or otherwise, showing the true origin of the shipment and its destination beyond the limits of this State.
(c) Any person, who violates any provision of this section shall be charged with a class B environmental misdemeanor.
(d) The Justice of the Peace Courts shall have jurisdiction of offenses under this section.
7 Del. C. 1953, §  1201;  55 Del. Laws, c. 347;  79 Del. Laws, c. 421, §  6;
2023 Delaware Code › Title 7 - Conservation › Chapter 13. ENFORCEMENT OF GAME AND FISH LAWS › § 1312. Wildlife Theft Prevention Special Fund.

§ 1312. Wildlife Theft Prevention Special Fund.
(a) There is hereby established by this section a Wildlife Theft Prevention Special Fund which shall consist of:
(1) Moneys received from fines imposed for violations of Chapters 1, 5, 6 and 7 of this title;
(2) Moneys received from donations to the Fund;
(3) Moneys appropriated by the General Assembly to the Fund to carry out the purposes provided for in this section.
(b) Funds from the Wildlife Theft Prevention Special Fund shall be expended only for the following purposes:
(1) Financing of rewards to persons other than peace officers, Department of Natural Resources and Environmental Control personnel or members of their immediate families, responsible for information leading to the conviction of any person for unlawfully taking, wounding or carrying, possessing, transporting or selling wildlife or trapping, attempting to trap or illegally setting traps for the purpose of catching wildlife. The Division of Fish and Wildlife shall establish a schedule of rewards for information received and payment shall be made from the funds available for this purpose. The amount of such reward shall not exceed $1,000;
(2) Financing of a statewide telephone reporting system containing the name of Operation Game Theft;
(3) Promotion of public recognition and awareness of the Wildlife Theft Prevention Special Program.
(c) The Wildlife Theft Prevention Special Fund shall be expended in conformity with the laws governing the state financial operations, except that regulations shall be developed by the Department to maintain the confidentiality of the informant's identity.
(d) For the purpose of implementing paragraph (a)(1) of this section, all moneys received from fines assessed for violation of Chapters 1, 5, 6 and 7 of this title shall be deposited at least monthly with the State Treasurer to be retained by him or her in a Special Fund until expended upon proper vouchers of the Department to carry out the purposes of this section.
62 Del. Laws, c. 326, §  4;  67 Del. Laws, c. 307, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 13. ENFORCEMENT OF GAME AND FISH LAWS › § 1313. Peace officers ex officio Fish and Wildlife Agents.

§ 1313. Peace officers ex officio Fish and Wildlife Agents.
All constables and police officers, and all other peace officers of this State, shall be ex officio Fish and Wildlife Agents.
70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §  107;  78 Del. Laws, c. 266, §  12;
2023 Delaware Code › Title 7 - Conservation › Chapter 15. ATLANTIC STATES MARINE FISHERIES COMPACT › § 1502. Atlantic States Marine Fisheries Commissioners; qualifications; term of office; vacancies; removal.

§ 1502. Atlantic States Marine Fisheries Commissioners; qualifications; term of office; vacancies; removal.
(a) In pursuance of Article III of the Compact authorized in § 1501 of this title, there shall be 3 members (hereinafter called Commissioners) of the Atlantic State Marine Fisheries Commission (hereinafter called Commission) from the State. The first Commissioner from the State shall be the Commissioner of Conservation of the State ex officio, and the term of any such ex officio Commissioner shall terminate at the time the ex officio Commissioner ceases to hold the office of Commissioner of Conservation and the successor as Commissioner shall be the successor as Commissioner of Conservation. The second Commissioner from the State shall be a legislator designated by said Commission on Interstate Cooperation, and the term of any such ex officio Commissioner shall terminate at the time the ex officio Commissioner ceases to hold said legislative office, and the successor as Commissioner shall be named in like manner. The Governor, (by and with the advice and consent of the Senate) shall appoint a citizen as a third Commissioner who has a knowledge of and interest in the marine fisheries problem. The term of such Commissioner shall be 3 years and such Commissioner shall hold office until a successor is appointed and qualified. Vacancies occurring in the office of such Commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate) for the unexpired term.
(b) The Commissioner of Conservation as ex officio Commissioner may delegate, from time to time, to any deputy or other subordinate in his or her department or office, the power to be present and participate, including voting as his or her representative or substitute at any meeting of or hearing by or other proceeding of the Commission.
(c) The terms of each of the initial 3 members shall begin at the date of the appointment of the appointive Commissioner, if the said Compact has then gone into effect in accordance with Article II of the Compact; otherwise they shall begin upon the date upon which the Compact becomes effective in accordance with said Article II.
(d) Any Commissioner may be removed from office by the Governor upon charges and after a hearing.
43 Del. Laws, c. 287, §  2;  7 Del. C. 1953, §  1502;  69 Del. Laws, c. 62, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 15. ATLANTIC STATES MARINE FISHERIES COMPACT › § 1503. Powers of Commission and Commissioners; duties of other state officials.

§ 1503. Powers of Commission and Commissioners; duties of other state officials.
The Commission and the Commissioners thereof shall have all the powers provided for in the Compact and all the powers necessary or incidental to the carrying out of the Compact in every particular. All officers of the State shall do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the Compact in every particular; it being the policy of the State to perform and carry out the said Compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the state government or administration of the State shall, at convenient times and upon request of the Commission furnish the Commission with information and data possessed by them or any of them and aid said Commission by loan of personnel or other means lying within their legal rights respectively.
43 Del. Laws, c. 287, §  3;  7 Del. C. 1953, §  1503;
2023 Delaware Code › Title 7 - Conservation › Chapter 15. ATLANTIC STATES MARINE FISHERIES COMPACT › § 1504. Powers of Commission supplementary to powers vested by laws of other compacting states.

§ 1504. Powers of Commission supplementary to powers vested by laws of other compacting states.
Any powers granted to the Commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said Commission by other laws of the State of Delaware or by the laws of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida or by the Congress or the terms of the Compact.
43 Del. Laws, c. 287, §  4;  7 Del. C. 1953, §  1504;
2023 Delaware Code › Title 7 - Conservation › Chapter 15. ATLANTIC STATES MARINE FISHERIES COMPACT › § 1505. Receipts and disbursements of Commission; annual report; examination of accounts.

§ 1505. Receipts and disbursements of Commission; annual report; examination of accounts.
(a) The Commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the General Assembly of the State on or before December 10 in each year, setting forth in detail the transactions conducted by it during the 12 months preceding December 1 of that year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the State necessary to carry out the intent and purposes of the Compact between the signatory states.
(b) The Auditor of Accounts of the State may, from time to time, examine the accounts and books of the Commission, including its receipts, disbursements and such other items referring to its financial standing as the Auditor deems proper and report the results of such examination to the Governor of the State.
43 Del. Laws, c. 287, §  5;  7 Del. C. 1953, §  1505;
2023 Delaware Code › Title 7 - Conservation › Chapter 17. DOGS › § 1701. Field trials; permit.

§ 1701. Field trials; permit.
Field trials with dogs may not be held in this State without first securing a permit from the Department. The Department may grant permits to bona fide field trial clubs or associations to hold field trials in this State under such rules and regulations adopted by the Department, safeguarding the interests of the game of this State. Dogs brought into the State to participate in such field trials and which are removed from the State within 10 days, are exempt from the state dog license tax.
Code 1915, §  2406L;  34 Del. Laws, c. 185, §  1;  Code 1935, §  2876;  7 Del. C. 1953, §  1711;  57 Del. Laws, c. 739, §  81;  77 Del. Laws, c. 428, §§  1, 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 17. DOGS › § 1702. Dogs on state coastal beaches.

§ 1702. Dogs on state coastal beaches.
Whoever, being the owner, possessor, harborer or custodian of any dog, allows such dog to be upon the designated swimming or sunbathing area of a state coastal beach strand at any time between May 1 and September 30, inclusive, of any year, except when such dog is on said property on behalf of a law enforcement agency or a blind person, as defined in § 2101 of Title 31, is guilty of a violation and shall be fined not less than $25 nor more than $50. For each subsequent offense, the person shall be fined not less than $50 nor more than $100. “Coastal beach strand” shall mean all that coastal real property between the western base of the dunes and the low water mark except those lands within a municipality which has enacted an ordinance governing the activities of dogs on said real property.
64 Del. Laws, c. 283, §  1;  71 Del. Laws, c. 135, §  11;  74 Del. Laws, c. 253;  77 Del. Laws, c. 428, §§  1, 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 17. DOGS › § 1703. License for special dog training area; requirements.

§ 1703. License for special dog training area; requirements.
Upon application of any club or organization having 20 or more members who are citizens of this State, or upon application of 20 or more citizens of this State, and the payment of an annual registration fee of $10, the Department may issue a license authorizing the establishment and maintenance by such club, organization of citizens, on land owned by them, or over which they have legal control, of a special dog training area wherein and whereon dogs may be trained at any time during the year. No such dog training area shall be less than 100 acres, nor more than 250 acres.
Code 1935, §  2869A;  48 Del. Laws, c. 131, §  1;  7 Del. C. 1953, §  1721;  55 Del. Laws, c. 329;  57 Del. Laws, c. 739, §  82;  71 Del. Laws, c. 135, §  13;  77 Del. Laws, c. 428, §§  1, 2;