TITLE 7

Conservation

Shellfish

CHAPTER 28. CONCHS (WHELKS) BUSYCON CANALICULATUM AND B. CARICA.


(a) "Bullrake" means any rake with a width of more than 14 inches measured perpendicular to the tines or any rake with a handle of more than 7 feet.

(b) "Conch pot" means any pot, basket, box, cage, container or other similar catching device that has at least 1 escape vent measuring at least 5" x 10" in the top or parlor section of said pot, basket, box, cage or container or other similar catching device.

(c) "Delaware's internal waters" means all of those tidal waters under the jurisdiction of the State, except the Atlantic Ocean, as separated from the Delaware Bay by a straight line drawn between Cape May Point, New Jersey and Cape Henlopen Point, Delaware.

(d) "Delaware's territorial sea" means all of those tidal waters in the Atlantic Ocean separated from the Delaware Bay under the jurisdiction of the State, the outer boundary of which is a line 3 nautical miles coterminous with the shoreline of the State.

(e) "Trawline" means a long line, anchored on each end, to which more than 1 conch pot is attached by short lines.

69 Del. Laws, c. 284, § 4; 71 Del. Laws, c. 122, § 1.;

(a) It shall be unlawful for any person to catch, take or harvest conchs while fishing more than 2 conch pots in the waters of this State unless said person has in possession a valid commercial conch pot license.

(b) It shall be unlawful for any person to attempt to catch, take or harvest conchs while fishing more than 2 conch pots in the waters of this State unless said person has in possession a valid commercial conch pot license.

(c) It shall be unlawful for the operator of any vessel not equipped with a dredge to have on board said vessel more than 5 bushels of conchs unless said operator has in possession a valid commercial conch pot license.

(d) It shall be unlawful for a commercial conch pot licensee to place, use, set or tend more than 2 conch pots from any vessel other than a vessel owned and operated by said licensee. Said vessel shall be listed by the Department on the licensee's commercial conch pot license.

(e) It shall be unlawful for more than 1 commercial conch pot licensee to place, use, set or tend conch pots from the same vessel.

(f) The Department is authorized to issue a commercial conch pot license to a person who applies for same on forms to be supplied by the Department. To be eligible for a commercial conch pot license, an applicant shall comply with 1 of the following conditions:

(1) Produce receipts, personal income tax records or affidavits from a certified public accountant that indicates said applicant previously harvested conchs in Delaware for commercial purposes; or

(2) Be eligible for a commercial crab pot license in Delaware pursuant to the provisions of § 1918 of Title 7.

An applicant who is eligible for a commercial conch pot license shall apply and pay all applicable fees to the Department within 90 days of August 26, 1994. An applicant who is not eligible or an applicant who does not obtain a commercial conch pot license within 90 days of August 26, 1994, or a commercial conch pot licensee who fails to renew the license as provided in the provisions of subsection (g) of this section may register with the Department on a form provided by the Department for a commercial conch pot license that may become valid after a 5-year waiting period.

(g) A commercial conch pot licensee shall renew the license for at least 1 year in every 3 consecutive years. Any person who does not renew the commercial conch pot license for at least 1 year in every 3 consecutive years shall be deemed not eligible for a commercial conch pot license.

(h) The annual fee for a commercial conch pot license shall be $57.50 for residents and $575 for nonresidents.

(i) A commercial conch pot licensee may designate no more than 2 persons who are residents of this State on the license as designee or designees. A commercial conch pot licensee's designee is authorized to place, use, set, tend or remove the licensee's conch pots while operating a vessel listed on the licensee's commercial conch pot license without the licensee being on board the vessel.

(j) An active commercial fisher with a commercial conch pot 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.

69 Del. Laws, c. 284, § 4; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 29, § 8.;

(a) It shall be unlawful for any person, while operating a vessel equipped with a dredge or a vessel with a bullrake on board, to possess more than 15 bushels of conchs unless said person has in possession a valid commercial conch dredge license.

(b) It shall be unlawful for a commercial conch dredge licensee to dredge conchs from any vessel other than a vessel owned and operated by said licensee. Said vessel shall be listed by the Department on the licensee's commercial conch dredge license.

(c) The Department is authorized to issue a commercial conch dredge license to a person who applies for same on forms to be supplied by the Department. To be eligible for a commercial conch dredge license, an applicant shall meet 1 of the following conditions:

(1) Produce receipts, personal income tax records or affidavits from a certified public accountant the applicant previously harvested conchs in Delaware for commercial purposes; or

(2) Be eligible for a commercial crab dredger's license in Delaware according to the provisions of § 1918 of Title 7.

An applicant who is eligible for a commercial conch dredge license shall apply and pay all applicable fees to the Department within 90 days of August 26, 1994. An applicant who is not eligible or an applicant who does not obtain a commercial conch dredge license within 90 days of August 26, 1994, or a commercial conch dredge licensee who fails to renew the license as provided in the provisions of subsection (d) of this section may register with the Department on a form provided by the Department for a commercial conch dredge license that may become valid after a 5-year waiting period.

(d) A commercial conch dredge licensee shall renew the license for at least 1 year in every 3 consecutive years. Any person who does not renew the commercial conch pot license for at least 1 year in every 3 consecutive years shall be deemed not eligible for a commercial conch dredge license.

(e) The fee for a resident commercial conch dredge license shall be $57.50 for residents and $575 for nonresidents.

(f) An active commercial fisher with a commercial conch dredge license may transfer his or her license to a commercial fishing apprentice who has competed no less than 150 days of commercial fishing activities over no less than a 2-year period.

69 Del. Laws, c. 284, § 4; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 29, § 9.;

It shall be unlawful for any person to possess any conch which measures less than a minimum possession size limit specified in regulations promulgated by the Department. The Department is authorized to promulgate regulations to establish the minimum possession size limit of conchs.

69 Del. Laws, c. 284, § 4.;

It shall be unlawful for any person to operate a dredge for the purpose of catching, taking or harvesting conchs over leased shellfish grounds, natural oyster beds or other areas declared closed to dredging for conchs by the Department by regulation; provided however, that those conchs of legal size taken by a person on a vessel with a valid oyster harvesting license or a person with a valid commercial clam dredge license while engaged in lawful dredging operations, whether or not over leased shellfish grounds, natural oyster beds, or other areas declared closed to dredging for conchs by the Department, may be retained for noncommercial purposes. The Department is authorized to promulgate regulations that close areas to either dredging or potting for conchs.

69 Del. Laws, c. 284, § 4.;

The Department is authorized to promulgate regulations that close seasons to either dredging or potting for conchs.

69 Del. Laws, c. 284, § 4.;

(a) In Delaware's internal waters, it shall be unlawful for any commercial conch pot licensee to catch, take or harvest conchs with any conch pot or attempt to catch, take or harvest conchs with any conch pot unless each conch pot is attached to a floating buoy. In Delaware's territorial sea, conch pots may be attached to a trawline up to 1,200 feet long, provided each end of the trawline is attached to a buoy. The buoys for commercial conch pots and trawlines shall be a specific color combination as assigned to each commercial conch pot licensee by the Department. Any person who has a valid commercial crab pot license shall be assigned the same color code for the person's commercial conch pot buoys as assigned to the person's commercial crab pots. An additional buoy shall be attached at the farthest position from the conch pot or trawline which shall be colored 1/2 white and 1/2 black. The Department shall assign a commercial conch pot number to each commercial conch pot licensee. Inscribed on the 1/2 white and 1/2 black buoy the farthest from the conch pot shall be a capital letter "C" followed by said person's commercial conch pot number. The letter "C" and conch pot number shall be at least 2 inches tall, and a contrasting color to be legible at all times.

(b) It shall be unlawful for any person other than a commercial conch pot licensee to catch, take or harvest conchs with any conch pot or attempt to catch, take or harvest conchs with any conch pot unless said conch 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. The person's name and address shall be legible at all times.

69 Del. Laws, c. 284, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 122, § 2.;

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

(b) Failure to tend and remove conchs from a conch 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 conch pot.

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

(d) Upon a determination that a conch pot has been abandoned and seized by the Department, ownership in said conch pot shall be forfeited to the Department.

(e) 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 conch pot which fails to be placed, used or set in compliance with the provisions of this chapter.

(f) Title to a conch 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 forfeited to the Department.

69 Del. Laws, c. 284, § 4.;