CHAPTER 382

FORMERLY

SENATE BILL NO. 386

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 23, TITLE 7, DELAWARE CODE RELATING TO NONCOMMERCIAL CRAB POT IDENTIFICATION, CLOSED SEASON AND LIMITS AND THE ATTENDANCE, ABANDONMENT, CONFISCATION AND FORFEITURE OF CRAB POTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §2310(c), Chapter 23, Title 7, Delaware Code by striking said subsection in its entirety and substitute in lieu thereof the following:

"(c) It shall be unlawful for any person to place, use, set, or tend any noncommercial crab pot unless said pot is attached to an all white buoy with said persons full name and permanent mailing address inscribed either on the white buoy or on a waterproof tag attached to said buoy that is legible at all times."

Section 2. Amend §2310, Chapter 23, Title 7 of the Delaware Code by adding a new subsection to read as follows:

Unless otherwise authorized, it shall be unlawful for any person to leave, place, use, set or tend any noncommercial crab pots in the tidal waters of this State between and including the first day of December and the last day of February immediately following."

Section 3. Amend §2310, Chapter 23, Title 7 of the Delaware Code by adding a new subsection to read as follows:

Unless otherwise authorized, it shall be unlawful for any person who does not have a valid commercial crab pot license to have, place, use, set or tend more than two crab pots in the tidal waters of this State."

Section 4. Amend Chapter 23, Title 7 of the Delaware Code by adding

thereto a new section to read as follows:

"§2311. Crab Pot Attendance; Abandonment; Confiscation; Forfeiture.

It shall be unlawful for any person who places, uses, or sets a crab pot in the tidal waters of this state to fail to tend and remove crabs from said crab pot at least once every 72 hours.

Failure to tend and remove crabs from a crab pot in the tidal waters of this state at least 72 hours after said pot is tagged by the Department shall constitute abandonment of said crab pot.

Any employee of the Department authorized to enforce this Chapter shall be authorized to seize and confiscate any crab pot which has been determined to have been abandoned pursuant to subsection (b) of this Section.

Upon a determination that a crab pot has been abandoned and seized by the Department, ownership in said crab pot shall be forfeit to the Department.

Notwithstanding the provisions set forth in subsections (a), (b) and (c) of this Section, any employee of the Department authorized to enforce this Chapter shall be authorized to seize any crab pot which fails to be placed, used or set in compliance with the provisions of this Chapter.

Title to a crab pot seized by the Department and not claimed by the lawful owner after proper notification from the Department within 90 days of said notification shall be forfeit to the Department."

Approved July 14, 1992