Delaware Code
Chapter 9. FINFISHING IN TIDAL WATERS
§ 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.

Structure Delaware Code

Delaware Code

Title 7 - Conservation

Chapter 9. FINFISHING IN TIDAL WATERS

§ 901. Purpose of chapter; policy of State; interstate fishery management plan; advisory committee.

§ 902. Application of chapter.

§ 903. Department of Natural Resources and Environmental Control; authority; permits; regulations.

§ 903A. Striped bass quotas and tags.

§ 904. Advisory Council on Tidal Finfisheries; establishment; organization; authority.

§ 906. Definitions.

§ 907. Equipment and methods used for fishing for game fish.

§ 908. Equipment and methods used for fishing for bait fish.

§ 909. Fishing for bait fish in tidal waters.

§ 910. Types of fishing equipment and methods used for fishing for food fish.

§ 911. Scientific permit; issuance; information; expiration; report; equipment marking and identification requirements.

§ 912. Sale, trade and/or barter of game fish.

§ 913. Sale, trade and/or barter of food fish.

§ 914. Commercial food fishing license; requirements and fees.

§ 915. Food fishing equipment permit; requirements, fees and restrictions.

§ 916. Finfisheries Development Fund.

§ 917. Areas restricted for using certain fishing equipment.

§ 918. Interfering with fishing equipment.

§ 919. Menhaden fishing; penalties.

§ 920. Marking requirement for fishing equipment; exception for minnow traps; removal of stakes, anchors and lines.

§ 921. Identification requirements for equipment.

§ 922. Length restrictions on certain nets.

§ 923. Gill nets; restrictions on use; seasons.

§ 924. Unattended fishing equipment.

§ 925. Fishing with explosives, chemicals, poisons and other devices; exception for Department and agents.

§ 926. Extracting oil or making fertilizer from food and game fish; penalty.

§ 927. Fishing with trawl nets, purse seines, run around gill nets; penalty; exceptions.

§ 928. Interstate transfer of finfish.

§ 928A. Trade in shark fins; penalty.

§ 929. Size limits on finfish; exceptions [Subject to the provisions of 64 Del. Laws, c. 251, § 4].

§ 930. Striped bass spawning areas.

§ 931. Theft and attempted theft of fishing equipment or finfish from fishing equipment.

§ 932. Removal and inspection of fishing equipment by authorized personnel; confiscation and sale of illegally used equipment.

§ 933. Search of persons, boats, vessels and commercial facilities.

§ 934. Seizure and forfeiture of finfish.

§ 935. Sale of seized finfish.

§ 936. Enforcement; penalties; seizure and forfeiture of illegally used property; injunctions; false statements.

§ 937. Suspension or refusal to issue commercial finfishing license.

§ 938. Creel limits on finfish; exceptions.

§ 939. Fishing seasons; exception.

§ 940. Food fish dealer permits.

§ 941. Headboat/charter boat fishing permits; reporting requirements.

§ 942. Control of invasive finfish species.

§ 943. Tagging striped bass.