Delaware Code
Chapter 9. FINFISHING IN TIDAL WATERS
§ 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.

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.