The following definitions shall apply to Chapters 19 through 28 inclusive of this title:
(1) "Commercial purpose" means a person's intent to sell shellfisheries to another.
(2) "Crab pot" means a cube shaped wire device that contains opening(s) toward the inside for the entrance and capture of
crabs without the assistance of any manually exerted tension to any closing mechanism.
(3) "Culled" means separated live shellfish from all other material and organisms.
(4) "Cultivation" means the process of preparing and/or improving shellfish grounds to foster the growth and survival of shellfish.
(5) "Department" means Department of Natural Resources and Environmental Control.
(6) "East line" means a political division of the Delaware Bay along a line running due east from the Port Mahon lighthouse
(Delaware State Plan Coordinates: N431, 537.3600, E504, 396.9600).
(7) "Hand tongs" means any grasping device consisting of 2 pieces joined at 1 end of a pivot and manipulated by physical exertion
of a person.
(8) "Market oysters" means oysters harvested for sale to another for consumption.
(9) "Mean high water" means the level of the water surface which is an average of the highest daily tides over a period of
at least 29 days.
(10) "Mechanical device" means an apparatus operated by a machine used to take shellfish.
(11) "Natural oyster beds" means those shellfish grounds designated to be "natural oyster beds" by the Department.
(12) "Nonresident" means any person not an alien who has not continuously resided for 1 year within this State.
(13) "Patent tongs" means any grasping device consisting of 2 pieces joined at 1 end by a pivot and raised with a rope, cable
or other hoisting device used to take shellfish.
(14) "Person" means a human being.
(15) "Public tonging area" means any shellfish ground designated by the Department to be used for the tonging of oysters.
(16) "Resident" means any person not an alien who has continuously resided 1 year or more within this State.
(17) "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.
(18) "Shellfish" means any molluska, crustacea and chilicerata that includes oysters, clams, lobsters, mussels, whelks, crabs,
shrimp and horseshoe crabs.
(19) "Shellfishing" means to attempt to take, catch, kill or reduce to possession any shellfish by any means whatsoever.
(20) "Shellfish grounds" means the submerged lands of the rivers, bays and oceans sustaining or capable of sustaining shellfish
under the jurisdiction of the State.
(21) "Spat" means immature oysters.
60 Del. Laws, c. 513, § 2; 64 Del. Laws, c. 243, § 1; 67 Del. Laws, c. 194, §§ 2, 3; 68 Del. Laws, c. 33, § 1; 69 Del. Laws, c. 284, § 1; 70 Del. Laws, c. 186, § 1.;
§ 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 to persons engaged in the shellfish industry in this State and for the revocation
for cause of such licenses;
(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.;
§ 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.;
§ 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) 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.;
§ 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) 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) Shellfish grounds within the confines of Indian River, Indian River Bay or Rehoboth Bay until the completion of the following:
a. The current shellfish survey being conducted by the Department of Natural Resources and Environmental Control is completed;
b. Two public hearings regarding the shellfish management plan for Indian River, Indian River Bay and Rehoboth Bay have been
held at the City of Rehoboth Beach; and
c. The General Assembly, by concurrent resolution, approves the shellfish management plan submitted by the Department of Natural
Resources and Environmental Control for the commercial harvesting and recreational harvesting of shellfish within Indian River,
Indian River Bay and Rehoboth Bay.
(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.;
§ 1906. Size and advertising of shellfish grounds; application for lease.
(a) 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 subsection (c) of § 1905 of this title.
(b) 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 the 1st of January and the 1st of March of each calendar year. Upon
specific request, the Department shall furnish a more detailed description of the specific shell-lands available for lease.
(c) Any person wishing to lease shellfish grounds in accordance with this section shall make application to the Department
prior to March 15th 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) 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.;
§ 1907. Fees for lease.
(a) The Department shall charge 90 cents per acre annually for shellfish grounds leased pursuant to this chapter to a resident
of the State.
(b) The Department shall charge $11.50 per acre annually for new shellfish grounds leased pursuant to this chapter to nonresidents.
(c) 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) 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.;
§ 1908. Term of leases.
(a) All shellfish leases shall begin on January 1st and end December 31st 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.;
§ 1909. Actions subsequent to granting of lease.
(a) 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) 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.;
§ 1910. Monthly report; failure to submit.
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 may for the first failure to file be given a warning, for the second failure to file may have his or her
commercial shellfishing license or permit suspended by the Secretary for a period of up to 30 days or until such time as the
report is filed, whichever occurs sooner, and for a third or subsequent failure to file may have his or her commercial shellfishing
license or permit revoked by the Secretary until such time when all reporting requirements are fulfilled in a manner acceptable
to the Secretary.
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. 436, §§ 1-3.;
§ 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.;
§ 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, or any rules or regulations adopted pursuant thereto, shall be fined $25 for the first offense and $100
for each offense thereafter. Magistrates 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.;
§ 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.;
§ 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.;
§ 1915. Disabled licensees.
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.;
§ 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 31st
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.;
§ 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.;
§ 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 to a designee provided the designee has been listed as same on the license for
at least 2 consecutive years and such license has not previously been transferred to a designee on or after July 12, 1995.
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 fisherman 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 2-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.;
§ 1919. Prohibition against the selling of both licenses and the privilege of being designated a designee; penalties.
Repealed by 73 Del. Laws, c. 29, § 6, effective May 3, 2001.
§ 1920. Apprenticeships.
An individual at least 16 years of age may enter into an agreement with an active commercial fisher licensed by the Department
to serve as a commercial fishing apprentice to said commercial fisher. This agreement shall be in writing on a form provided
by the Department and filed with the Department. In the event an agreement is cancelled by either party, the Department shall
credit an apprentice with time served and said time shall be retained if the apprentice signs an agreement with another active
commercial fisher. An apprentice shall not enter into an agreement with more than 1 active commercial fisher at any one time
and an active commercial fisher shall not enter into an agreement with more than 1 apprentice at any one time. An apprentice
must compete no less than 150 days of commercial fishing activities over no less than a 2-year period to be eligible for the
transfer or enter lotteries for certain commercial fishing licenses. Eight hours of commercial fishing activities shall equal
1 day. Commercial fishing activities shall include fishing, operating a vessel, maintaining fishing equipment or a vessel,
handling and transporting fish for sale, or other activities directly associated with a commercial fishery. Fishing activities
shall be documented on a daily log form provided by the Department. Said logs shall be signed by the apprentice and the commercial
fisher listed on the agreement and witnessed by another commercial fisher licensed by the Department. Log sheets shall be
submitted to the Department on a monthly basis on or before the 10th day of the following month. An apprentice who completes
no less than 150 days of commercial fishing activities over no less than a 2-year period shall be eligible for the following:
1. Commercial crab dredgers license transferred by another active commercial crab dredger;
2. Commercial conch pot license transferred by another active commercial conch potter;
3. Commercial conch dredge license transferred by another active commercial conch dredger;
4. Participation in lotteries conducted by the Department for commercial crab dredgers licenses, commercial conch pot licenses
and commercial conch dredge licenses; and
5. Commercial food fishing equipment permits for gill nets and authority to commercially fish with hook and line according
to the provisions of § 915 (o) of this title.
If, during the previous calendar year, fewer commercial crab dredgers licenses are issued than in 1999, the Department shall
conduct a lottery for the number of said licenses different from the number issued in 1999 and the precious year. In 1999,
the Department issued 52 commercial conch pot licenses. If during the previous calendar year, fewer commercial conch dredge
licenses are issued than in 1999, the Department shall conduct a lottery for the number of said licenses different from the
number issued in 1999 and the previous year. In 1999, the Department issued 15 conch dredge licenses.
73 Del. Laws, c. 29, § 7; 70 Del. Laws, c. 186, § 1.;
The following definitions shall apply to Chapters 19 through 28 inclusive of this title:
(1) "Commercial purpose" means a person's intent to sell shellfisheries to another.
(2) "Crab pot" means a cube shaped wire device that contains opening(s) toward the inside for the entrance and capture of
crabs without the assistance of any manually exerted tension to any closing mechanism.
(3) "Culled" means separated live shellfish from all other material and organisms.
(4) "Cultivation" means the process of preparing and/or improving shellfish grounds to foster the growth and survival of shellfish.
(5) "Department" means Department of Natural Resources and Environmental Control.
(6) "East line" means a political division of the Delaware Bay along a line running due east from the Port Mahon lighthouse
(Delaware State Plan Coordinates: N431, 537.3600, E504, 396.9600).
(7) "Hand tongs" means any grasping device consisting of 2 pieces joined at 1 end of a pivot and manipulated by physical exertion
of a person.
(8) "Market oysters" means oysters harvested for sale to another for consumption.
(9) "Mean high water" means the level of the water surface which is an average of the highest daily tides over a period of
at least 29 days.
(10) "Mechanical device" means an apparatus operated by a machine used to take shellfish.
(11) "Natural oyster beds" means those shellfish grounds designated to be "natural oyster beds" by the Department.
(12) "Nonresident" means any person not an alien who has not continuously resided for 1 year within this State.
(13) "Patent tongs" means any grasping device consisting of 2 pieces joined at 1 end by a pivot and raised with a rope, cable
or other hoisting device used to take shellfish.
(14) "Person" means a human being.
(15) "Public tonging area" means any shellfish ground designated by the Department to be used for the tonging of oysters.
(16) "Resident" means any person not an alien who has continuously resided 1 year or more within this State.
(17) "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.
(18) "Shellfish" means any molluska, crustacea and chilicerata that includes oysters, clams, lobsters, mussels, whelks, crabs,
shrimp and horseshoe crabs.
(19) "Shellfishing" means to attempt to take, catch, kill or reduce to possession any shellfish by any means whatsoever.
(20) "Shellfish grounds" means the submerged lands of the rivers, bays and oceans sustaining or capable of sustaining shellfish
under the jurisdiction of the State.
(21) "Spat" means immature oysters.
60 Del. Laws, c. 513, § 2; 64 Del. Laws, c. 243, § 1; 67 Del. Laws, c. 194, §§ 2, 3; 68 Del. Laws, c. 33, § 1; 69 Del. Laws, c. 284, § 1; 70 Del. Laws, c. 186, § 1.;
§ 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 to persons engaged in the shellfish industry in this State and for the revocation
for cause of such licenses;
(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.;
§ 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.;
§ 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) 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.;
§ 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) 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) Shellfish grounds within the confines of Indian River, Indian River Bay or Rehoboth Bay until the completion of the following:
a. The current shellfish survey being conducted by the Department of Natural Resources and Environmental Control is completed;
b. Two public hearings regarding the shellfish management plan for Indian River, Indian River Bay and Rehoboth Bay have been
held at the City of Rehoboth Beach; and
c. The General Assembly, by concurrent resolution, approves the shellfish management plan submitted by the Department of Natural
Resources and Environmental Control for the commercial harvesting and recreational harvesting of shellfish within Indian River,
Indian River Bay and Rehoboth Bay.
(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.;
§ 1906. Size and advertising of shellfish grounds; application for lease.
(a) 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 subsection (c) of § 1905 of this title.
(b) 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 the 1st of January and the 1st of March of each calendar year. Upon
specific request, the Department shall furnish a more detailed description of the specific shell-lands available for lease.
(c) Any person wishing to lease shellfish grounds in accordance with this section shall make application to the Department
prior to March 15th 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) 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.;
§ 1907. Fees for lease.
(a) The Department shall charge 90 cents per acre annually for shellfish grounds leased pursuant to this chapter to a resident
of the State.
(b) The Department shall charge $11.50 per acre annually for new shellfish grounds leased pursuant to this chapter to nonresidents.
(c) 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) 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.;
§ 1908. Term of leases.
(a) All shellfish leases shall begin on January 1st and end December 31st 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.;
§ 1909. Actions subsequent to granting of lease.
(a) 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) 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.;
§ 1910. Monthly report; failure to submit.
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 may for the first failure to file be given a warning, for the second failure to file may have his or her
commercial shellfishing license or permit suspended by the Secretary for a period of up to 30 days or until such time as the
report is filed, whichever occurs sooner, and for a third or subsequent failure to file may have his or her commercial shellfishing
license or permit revoked by the Secretary until such time when all reporting requirements are fulfilled in a manner acceptable
to the Secretary.
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. 436, §§ 1-3.;
§ 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.;
§ 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, or any rules or regulations adopted pursuant thereto, shall be fined $25 for the first offense and $100
for each offense thereafter. Magistrates 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.;
§ 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.;
§ 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.;
§ 1915. Disabled licensees.
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.;
§ 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 31st
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.;
§ 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.;
§ 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 to a designee provided the designee has been listed as same on the license for
at least 2 consecutive years and such license has not previously been transferred to a designee on or after July 12, 1995.
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 fisherman 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 2-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.;
§ 1919. Prohibition against the selling of both licenses and the privilege of being designated a designee; penalties.
Repealed by 73 Del. Laws, c. 29, § 6, effective May 3, 2001.
§ 1920. Apprenticeships.
An individual at least 16 years of age may enter into an agreement with an active commercial fisher licensed by the Department
to serve as a commercial fishing apprentice to said commercial fisher. This agreement shall be in writing on a form provided
by the Department and filed with the Department. In the event an agreement is cancelled by either party, the Department shall
credit an apprentice with time served and said time shall be retained if the apprentice signs an agreement with another active
commercial fisher. An apprentice shall not enter into an agreement with more than 1 active commercial fisher at any one time
and an active commercial fisher shall not enter into an agreement with more than 1 apprentice at any one time. An apprentice
must compete no less than 150 days of commercial fishing activities over no less than a 2-year period to be eligible for the
transfer or enter lotteries for certain commercial fishing licenses. Eight hours of commercial fishing activities shall equal
1 day. Commercial fishing activities shall include fishing, operating a vessel, maintaining fishing equipment or a vessel,
handling and transporting fish for sale, or other activities directly associated with a commercial fishery. Fishing activities
shall be documented on a daily log form provided by the Department. Said logs shall be signed by the apprentice and the commercial
fisher listed on the agreement and witnessed by another commercial fisher licensed by the Department. Log sheets shall be
submitted to the Department on a monthly basis on or before the 10th day of the following month. An apprentice who completes
no less than 150 days of commercial fishing activities over no less than a 2-year period shall be eligible for the following:
1. Commercial crab dredgers license transferred by another active commercial crab dredger;
2. Commercial conch pot license transferred by another active commercial conch potter;
3. Commercial conch dredge license transferred by another active commercial conch dredger;
4. Participation in lotteries conducted by the Department for commercial crab dredgers licenses, commercial conch pot licenses
and commercial conch dredge licenses; and
5. Commercial food fishing equipment permits for gill nets and authority to commercially fish with hook and line according
to the provisions of § 915 (o) of this title.
If, during the previous calendar year, fewer commercial crab dredgers licenses are issued than in 1999, the Department shall
conduct a lottery for the number of said licenses different from the number issued in 1999 and the precious year. In 1999,
the Department issued 52 commercial conch pot licenses. If during the previous calendar year, fewer commercial conch dredge
licenses are issued than in 1999, the Department shall conduct a lottery for the number of said licenses different from the
number issued in 1999 and the previous year. In 1999, the Department issued 15 conch dredge licenses.
73 Del. Laws, c. 29, § 7; 70 Del. Laws, c. 186, § 1.;
The following definitions shall apply to Chapters 19 through 28 inclusive of this title:
(1) "Commercial purpose" means a person's intent to sell shellfisheries to another.
(2) "Crab pot" means a cube shaped wire device that contains opening(s) toward the inside for the entrance and capture of
crabs without the assistance of any manually exerted tension to any closing mechanism.
(3) "Culled" means separated live shellfish from all other material and organisms.
(4) "Cultivation" means the process of preparing and/or improving shellfish grounds to foster the growth and survival of shellfish.
(5) "Department" means Department of Natural Resources and Environmental Control.
(6) "East line" means a political division of the Delaware Bay along a line running due east from the Port Mahon lighthouse
(Delaware State Plan Coordinates: N431, 537.3600, E504, 396.9600).
(7) "Hand tongs" means any grasping device consisting of 2 pieces joined at 1 end of a pivot and manipulated by physical exertion
of a person.
(8) "Market oysters" means oysters harvested for sale to another for consumption.
(9) "Mean high water" means the level of the water surface which is an average of the highest daily tides over a period of
at least 29 days.
(10) "Mechanical device" means an apparatus operated by a machine used to take shellfish.
(11) "Natural oyster beds" means those shellfish grounds designated to be "natural oyster beds" by the Department.
(12) "Nonresident" means any person not an alien who has not continuously resided for 1 year within this State.
(13) "Patent tongs" means any grasping device consisting of 2 pieces joined at 1 end by a pivot and raised with a rope, cable
or other hoisting device used to take shellfish.
(14) "Person" means a human being.
(15) "Public tonging area" means any shellfish ground designated by the Department to be used for the tonging of oysters.
(16) "Resident" means any person not an alien who has continuously resided 1 year or more within this State.
(17) "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.
(18) "Shellfish" means any molluska, crustacea and chilicerata that includes oysters, clams, lobsters, mussels, whelks, crabs,
shrimp and horseshoe crabs.
(19) "Shellfishing" means to attempt to take, catch, kill or reduce to possession any shellfish by any means whatsoever.
(20) "Shellfish grounds" means the submerged lands of the rivers, bays and oceans sustaining or capable of sustaining shellfish
under the jurisdiction of the State.
(21) "Spat" means immature oysters.
60 Del. Laws, c. 513, § 2; 64 Del. Laws, c. 243, § 1; 67 Del. Laws, c. 194, §§ 2, 3; 68 Del. Laws, c. 33, § 1; 69 Del. Laws, c. 284, § 1; 70 Del. Laws, c. 186, § 1.;
§ 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 to persons engaged in the shellfish industry in this State and for the revocation
for cause of such licenses;
(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.;
§ 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.;
§ 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) 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.;
§ 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) 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) Shellfish grounds within the confines of Indian River, Indian River Bay or Rehoboth Bay until the completion of the following:
a. The current shellfish survey being conducted by the Department of Natural Resources and Environmental Control is completed;
b. Two public hearings regarding the shellfish management plan for Indian River, Indian River Bay and Rehoboth Bay have been
held at the City of Rehoboth Beach; and
c. The General Assembly, by concurrent resolution, approves the shellfish management plan submitted by the Department of Natural
Resources and Environmental Control for the commercial harvesting and recreational harvesting of shellfish within Indian River,
Indian River Bay and Rehoboth Bay.
(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.;
§ 1906. Size and advertising of shellfish grounds; application for lease.
(a) 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 subsection (c) of § 1905 of this title.
(b) 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 the 1st of January and the 1st of March of each calendar year. Upon
specific request, the Department shall furnish a more detailed description of the specific shell-lands available for lease.
(c) Any person wishing to lease shellfish grounds in accordance with this section shall make application to the Department
prior to March 15th 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) 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.;
§ 1907. Fees for lease.
(a) The Department shall charge 90 cents per acre annually for shellfish grounds leased pursuant to this chapter to a resident
of the State.
(b) The Department shall charge $11.50 per acre annually for new shellfish grounds leased pursuant to this chapter to nonresidents.
(c) 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) 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.;
§ 1908. Term of leases.
(a) All shellfish leases shall begin on January 1st and end December 31st 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.;
§ 1909. Actions subsequent to granting of lease.
(a) 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) 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.;
§ 1910. Monthly report; failure to submit.
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 may for the first failure to file be given a warning, for the second failure to file may have his or her
commercial shellfishing license or permit suspended by the Secretary for a period of up to 30 days or until such time as the
report is filed, whichever occurs sooner, and for a third or subsequent failure to file may have his or her commercial shellfishing
license or permit revoked by the Secretary until such time when all reporting requirements are fulfilled in a manner acceptable
to the Secretary.
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. 436, §§ 1-3.;
§ 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.;
§ 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, or any rules or regulations adopted pursuant thereto, shall be fined $25 for the first offense and $100
for each offense thereafter. Magistrates 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.;
§ 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.;
§ 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.;
§ 1915. Disabled licensees.
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.;
§ 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 31st
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.;
§ 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.;
§ 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 to a designee provided the designee has been listed as same on the license for
at least 2 consecutive years and such license has not previously been transferred to a designee on or after July 12, 1995.
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 fisherman 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 2-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.;
§ 1919. Prohibition against the selling of both licenses and the privilege of being designated a designee; penalties.
Repealed by 73 Del. Laws, c. 29, § 6, effective May 3, 2001.
§ 1920. Apprenticeships.
An individual at least 16 years of age may enter into an agreement with an active commercial fisher licensed by the Department
to serve as a commercial fishing apprentice to said commercial fisher. This agreement shall be in writing on a form provided
by the Department and filed with the Department. In the event an agreement is cancelled by either party, the Department shall
credit an apprentice with time served and said time shall be retained if the apprentice signs an agreement with another active
commercial fisher. An apprentice shall not enter into an agreement with more than 1 active commercial fisher at any one time
and an active commercial fisher shall not enter into an agreement with more than 1 apprentice at any one time. An apprentice
must compete no less than 150 days of commercial fishing activities over no less than a 2-year period to be eligible for the
transfer or enter lotteries for certain commercial fishing licenses. Eight hours of commercial fishing activities shall equal
1 day. Commercial fishing activities shall include fishing, operating a vessel, maintaining fishing equipment or a vessel,
handling and transporting fish for sale, or other activities directly associated with a commercial fishery. Fishing activities
shall be documented on a daily log form provided by the Department. Said logs shall be signed by the apprentice and the commercial
fisher listed on the agreement and witnessed by another commercial fisher licensed by the Department. Log sheets shall be
submitted to the Department on a monthly basis on or before the 10th day of the following month. An apprentice who completes
no less than 150 days of commercial fishing activities over no less than a 2-year period shall be eligible for the following:
1. Commercial crab dredgers license transferred by another active commercial crab dredger;
2. Commercial conch pot license transferred by another active commercial conch potter;
3. Commercial conch dredge license transferred by another active commercial conch dredger;
4. Participation in lotteries conducted by the Department for commercial crab dredgers licenses, commercial conch pot licenses
and commercial conch dredge licenses; and
5. Commercial food fishing equipment permits for gill nets and authority to commercially fish with hook and line according
to the provisions of § 915 (o) of this title.
If, during the previous calendar year, fewer commercial crab dredgers licenses are issued than in 1999, the Department shall
conduct a lottery for the number of said licenses different from the number issued in 1999 and the precious year. In 1999,
the Department issued 52 commercial conch pot licenses. If during the previous calendar year, fewer commercial conch dredge
licenses are issued than in 1999, the Department shall conduct a lottery for the number of said licenses different from the
number issued in 1999 and the previous year. In 1999, the Department issued 15 conch dredge licenses.
73 Del. Laws, c. 29, § 7; 70 Del. Laws, c. 186, § 1.;
