(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:
(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.
Structure Delaware Code
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.
§ 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.
§ 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.
§ 921. Identification requirements for equipment.
§ 922. Length restrictions on certain nets.
§ 923. Gill nets; restrictions on use; seasons.
§ 924. Unattended fishing equipment.
§ 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.
§ 933. Search of persons, boats, vessels and commercial facilities.
§ 934. Seizure and forfeiture of finfish.
§ 935. Sale of seized finfish.
§ 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.