Title 7 DNREC
3000 Division of Fish and Wildlife
3000 Division of Fish and Wildlife
3700 Shellfish
3701 General
1.0 An individual must be at least 16 years of age in order to qualify for any of the following licenses or permits:
1.1 Commercial clam dredge license
1.2 Noncommercial clamming permit
1.3 Commercial conch pot license
1.4 Commercial conch dredge license
1.5 Commercial crab pot license
1.6 Commercial crab dredge license
1.7 Commercial horseshoe crab collecting permit
1.8 Horseshoe crab dredge permit
1.9 Commercial lobster pot license
1.10 Oyster harvesting license
2.0 An individual must be at least 14 years of age in order to qualify for a commercial clam tong/rake license.
8 DE Reg. 1718 (6/01/05)
3702 Definitions (Formerly S-1):
1.0 "2 Consecutive Years”, as it appears in 7 Del.C. §1918(c) shall mean any consecutive 24 month period.
"A Person's Intent to Sell Shellfisheries to Another" shall mean a person has in his possession a quantity of that species of shellfish in excess of the quantity specified under the definition of "Commercial Shellfishing" or this same person advertises for sale, offers for sale or completes the sale of any portion of that measure of shellfish to another person.
"Commercial Shellfishing" shall mean for any person to possess those species of shellfish in excess of the following quantities unless said person has a valid receipt for all shellfish above these quantities; or as otherwise provided by law or regulation:
• Oysters - one (1) bushel per vessel
• Blue Crabs - one (1) bushel per person
• Hard Clams - five hundred (500) clams per person
• Lobsters - two (2) lobsters per person
"Commercial Measure" shall mean that unit of measurement of a species of shellfish as described herein:
• Oysters - bushels
• Blue Crabs -bushels
• Clams - actual numbers or bushels
• Lobsters - actual numbers or pounds
• Blue Mussels - bushels or pounds
"Delaware Bay" shall mean all those waters and submerged lands under the jurisdiction of the State located within an area bordered on the North by a straight line drawn between Liston Point, Delaware and Hope Creek, New Jersey and bordered on the South by a line drawn from Cape May Inlet East Jetty Light to Cape May Harbor Inlet Lighted Bell Buoy 2CM; thence to the northernmost extremity of Cape Henlopen, but not including any tributaries thereto.
"Delaware River" shall mean all those waters and submerged lands under the jurisdictions of the State located within an area to the North of a straight line connecting Liston Point, Delaware and Hope Creek, New Jersey, but not including any tributaries thereto.
"New Licensee"
shall mean for purposes of interpreting 7 Del.C. §1918(a), any person who has never been issued a commercial crab pot license or any person who has not been issued a valid commercial crab pot license by the Department before May 1, 1994 and annually thereafter when applying for the renewal of such license.
shall mean for purposes of interpreting 7 Del.C. §1918(b), any person who has never been issued a commercial crab dredger's license or any person who has not been issued a valid crab dredger's license by the Department before May 1, 1994 and then annually thereafter when applying for the renewal of such license."
"Recreational Purposes" shall mean the noncommercial use of shellfish that does not include the sale, trade or barter of shellfish in quantities less than the prescribed quantities for commercial shellfishing.
3703 Commercial Clamming: Moratorium On Formerly Leased Shellfish Grounds (Formerly S-35)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person, including former leaseholders, to take or attempt to take shellfish by any means on formerly leased shellfish grounds in the Indian River and Bay as indicated on a Department map, Document 40-05/78/02/2, and described as follows:
1.1 Elisha Cropper Plot 1 (310 acres)
Plot 2 (140 acres)
Plot 3 (100 acres)
1.2 John Satterfield Plot 6 (20 acres)
1.3 Linden Short Plot 8 (20 acres)
1.4 John Rogers Plot 28 (70 acres)
3704 Commercial Shellfishing Prohibited On Sunday (Formerly S-3)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person to engage in commercial shellfishing on Sunday. (Exception. 7 Del.C. §1904 has been amended so that crabs and conchs may be taken on any Sunday and clams may be taken on any Sunday between and including Memorial Day and Labor Day.)
3705 Dredge Restrictions For Taking Shellfish (Formerly S-27)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person to take or attempt to take any shellfish with any device attached to a vessel powered by sail or mechanical means in any waters under the jurisdiction of the State of Delaware except in the Delaware Bay and the territorial waters in the Atlantic Ocean within three miles of the Delaware shoreline unless otherwise permitted by law or by Departmental regulation.
3706 Shellfishing Growing Areas Closed To Harvesting Clams, Mussels And Oysters (Formerly S-41)
(Penalty Section 7 Del.C. §1912
1.0 It shall be unlawful for any person to harvest or attempt to harvest any clams, mussels or oysters from any shellfish growing area that is classified as prohibited, conditionally approved but closed to harvesting shellfish or otherwise not classified as a shellfish growing area as established in regulations adopted by the Department of Natural Resources and Environmental Control, Division of Water Resources under authority of 7 Del.C. §1902(a)(2).
1 DE Reg 354 (10/1/97)
1 DE Reg 835 (1/1/98)
3707 Taking Shellfish Other Than Oysters, Clams, Lobsters And Crabs (Formerly S-5)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be lawful for persons to take any species of shellfish other than oysters, Crassostrea virginica; clams, Mercenaria mercenaria; lobsters, Homarus americanus; and crabs, Callinectes sapidus from the shellfish grounds under the jurisdiction of the State. Oysters, clams, lobsters and crabs only may be taken according to the provisions of Chapters 19, 21, 23, 24, and 25 of Title 7, Delaware Code.
(Note- Conchs only may be taken according to the provisions of 7 Del.C. Chap. 28. Horseshoe crabs may only be taken according to the provisions of 7 Del.C. Chap. 27)
2.0 It shall be unlawful for any person, unless authorized to do so, to take shellfish, other than crabs and lobsters, from natural oyster beds, the leased shellfish grounds of other persons or those shellfish grounds closed to shellfishing by order of the Department of Health and Social Services.
3708 Commercial Crab Dredge Licenses
(Penalty Section 7 Del.C. §1912)
1.0 The first lottery for available commercial crab dredge, conch pot, and conch dredge licenses shall be held on January 2, 2004; with subsequent lotteries to be held annually the first working day in January of each year, as long as one or more licenses are available. Participants in the lotteries shall include current participants in the apprentice program who have completed the required and properly documented 150 days of commercial fishing activities over no less than a 2-year period dating from the specific date the applicant filed their application with the Department as an apprentice, according to the provisions of 7 Del.C. §1920.
7 DE Reg. 785 (12/1/03)
3710 CONCH
3711 Conch Minimum Size Limits (Formerly S-48)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person to possess any channeled conch, Busycotypus canaliculatum, that measures less than six (6) inches in length or 3 1/8 inches in diameter at the whorl.
2.0 Notwithstanding the provisions of paragraph 1.0, a person may possess no more than five (5) channeled conchs per 60 pounds that are less than six (6) inches in length or 3 1/8 inches in diameter at the whorl.
3.0 It shall be unlawful for any person to possess any knobbed conch, Busycon carica, that measures less than five 5 ¼ inches in 2007, 5 ½ inches in 2008, 5 ¾ inches in 2009, and six (6) inches in length in 2010. Beginning in 2010, the minimum length shall remain 6 inches thereafter until changed by regulation. The minimum diameter at the whorl shall be no less than 3 inches in 2007, 3 ¼ inches in 2008, 3 ¼ inches in 2009 and 3 ½ inches in 2010 and shall remain 3 ½ inches thereafter until changed by regulation..
1 DE Reg. 250 (9/1/97)
1 DE Reg. 835 (1/1/98)
10 DE Reg. 1034 (12/01/06)
3712 Commercial Conch Dredge Licenses
(Penalty Section 7 Del.C. § 1912)
1.0 Pursuant to §2803(c) of 7 Del.C, the Department shall not issue any new conch dredge licenses for a period of 5 years to begin January 1, 2006. Licenses may continue to be issued pursuant to §2803(d) of 7 Del.C.
10 DE Reg. 1034 (12/01/06)
3715 CRABS
3716 Crab Pot Number Buoys And Vessel Panel Color Code And Number Requirements (Formerly S-29)
(revisions published May 1, 2008 to 3716 will take effect January 1, 2009.)
(Penalty Section 7 Del.C. §1912)
1.0 The color code assigned by the Department to a commercial crab pot licensee shall be displayed on each buoy or buoys attached to the line of each crab pot deployed in the water in the following order:
1.1 The first color in the color code sequence shall be on a buoy or buoys located the farthest from the crab pot (top).
1.2 The last color in the color code sequence shall be on the buoy or buoys located the closest to the crab pot (bottom).
1.3 Any second or third color in the color code sequence between the first and last colors shall be on a buoy or buoys in the same top to bottom order as in the color code sequence.
2.0 Each color coded buoy attached to a line of a commercial crab pot shall measure at least three (3) inches by three (3) inches by three (3) inches except that a separate buoy, located between the crab pot and color-coded buoy nearest the crab pot but no closer than five (5) feet to the color coded buoy nearest the crab pot may be of lesser dimensions.
3.0 Each color in a color code shall cover a contiguous area of at least 28 square inches on a buoy.
4.0 Each color coded buoy shall be visible on the water's surface when the tide is slack and the wind is less than ten (10) miles per hour.
5.0 Each color coded buoy shall have its color or colors recognizable at all times.
6.0 If more than one licensee elects to fish his or her crab pots from the same vessel, then all licensees who fish from that vessel, up to the maximum of three licensees per vessel, shall use the same color code on the pots fished from that vessel. Any licensee who subsequently elects to fish their pots on their own and not on a vessel with other licensees retains the right to use their originally assigned color code.
7.0 The color code assigned by the Department to a commercial crab pot licensee shall be displayed on the 2' x 2' panel on the licensee's vessel in a manner that when viewed from either side of the vessel, the sequence of colors shall be as follows relative to the vessel:
7.1 The first color in the color code sequence shall be on the panel in a vertical band closest to the stern of the vessel.
7.2 The last color in the color code shall be on the panel in a vertical band closest to the bow of the vessel.
7.3 Any second or third color in the color code sequence between the first and last colors shall be on the panel in vertical band(s) in the same stern to bow order as assigned in the color code sequence.
8.0 Each color coded panel shall be visible and the color(s) shall be recognizable at all times while tending crab pots.
9.0 Each color coded panel shall be displayed as vertical bands on the panel such that each color covers a contiguous area of equal size. The panel shall not display any color other than the colors in the assigned color code except for a color used to indicate the crab pot number.
10.0 If more than one licensee, up to the maximum of three licensees per vessel, elects to fish his or her crab pots from the same vessel, then that vessel shall display the same color code panel as on the pots fished from that vessel.
11.0 A number shall be assigned by the Department to each commercial crab pot license.
12.0 The commercial crab pot licensee's number shall be displayed on the color coded panel on the licensee's vessel with at least three (3) inch high contrasting colored Arabic numerals so that said number shall be visible from either side of the vessel. If more than one licensee elects to fish his or her crab pots from the same vessel then the color coded panel shall contain all of the numbers being fished from that vessel.
13.0 The commercial crab pot licensee's number shall be displayed on at least one color coded buoy attached to each crab pot displayed in the water in at least one (1) inch high Arabic numerals. The number shall be painted in a contrasting color, branded on or carved into the buoy. If more than one licensee elects to fish his or her crab pots from the same vessel, then one of the crab pot’s license numbers assigned to that vessel shall be displayed on at least once color coded buoy attached to each crab pot fished from that vessel.
11 DE Reg. 1496 (05/01/08)
3717 Failure To Tend Crab Pots (Formerly S-43)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person who sets a crab pot in the tidal waters of the State to fail to tend and remove crabs from said pot at least once during every 72-hour period.
3718 Fish Pots – Illegal Harvest Of Crabs (Formerly S-32)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful to harvest crabs with a fish pot, fish trap or minnow trap as defined in 7 Del.C. §906(26).
5 DE Reg. 2140 (5/1/02)
3719 Maximum Number Of Crab Pots Authorized To Be Fished (Formerly S-46)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person with a valid commercial crab pot license to fish, place or cause to have placed in the waters of this State at any time more than the number of crab pots for which said person's commercial crab pot license stipulates in accordance with 7 Del.C. §2303.
3720 Non-commercial Crab Pots: Illegal Tampering Thereof (Formerly S-33)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person, other than the rightful owner of a non-commercial crab pot whose initials appear on the white float attached to said crab pot, to lift, move, take or damage any non-commercial crab pot or to take or attempt to take crabs from any non-commercial crab pot.
3721 Non-commercial Crab Pot Design; Bycatch Reduction Device (Formerly S-34)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for the owner of any non-commercial crab pot to place said crab pot in the tidal waters of this State unless said crab pot has a by-catch reduction device securely attached in each entrance such that each crab entering said crab pot must pass through the bycatch reduction device. A bycatch reduction device shall mean a metal or plastic rigid rectangle that measures on the inside no more than 1.75 inches by 4.75 inches in width. A bycatch reduction device made of metal wire shall be no less than 11 gauge rigid wire.
4 DE Reg. 1859 (5/1/01)
3725 HARD CLAMS
3726 Hard Clams - Season And Limits For Commercial Clam Tong/rake License (Formerly S-15)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be lawful for any person who has a valid Commercial Clam Tong/Rake License to harvest hard clams during permitted times on any date except Sunday.
(Exception- 1904, 7 Del.C. has been amended so that clams may be taken on Sundays between and including Memorial Day and Labor Day.)
2.0 It shall be unlawful for any person who has a valid Commercial Clam Tong/Rake License to harvest on any one (1) day or possess at any time more than two thousand five hundred (2,500) hard clams unless said person has a valid receipt for clams in excess of two thousand five hundred (2,500).
3727 Hard Clams - Season And Limits For Commercial Dredge Clam License (Formerly S-17)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be lawful for any person who has a valid Commercial Dredge Clam License to take clams from shellfish grounds, as permitted by law, at permitted times on any date except Sunday.
(Exception - 7 Del.C. §1904 has been amended so that clams may be taken on Sundays between and including Memorial Day and Labor Day.)
2.0 It shall be lawful for any person who has a valid Commercial Dredge Clam License to harvest any number of hard clams.
3728 Hard Clams - Method Of Take, Season And Limits For Non-commercial Clamming Permit (Formerly S-19)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person who has a valid Non-Commercial Clamming Permit to attempt to take, catch kill or reduce to possession any hard clams with any device other than a hand-held rake with a head no wider than fourteen (14) inches measured perpendicular to the tines and a straight handle not in excess of seven (7) feet in length.
2.0 It shall be unlawful for any person who has a valid Non-Commercial Clamming Permit to harvest hard clams during the period between one-half hour after sunset and one-half hour before sunrise next ensuing.
3.0 It shall be unlawful for any person who has a valid Non-Commercial Clamming Permit to harvest in any one (1) day or possess at any time more than five hundred (500) hard clams unless said person has a valid receipt for clams in excess of five hundred (500).
4.0 It shall be lawful for any person who has a valid Non-Commercial Clamming Permit to harvest hard clams on any date during the time period permitted.
3729 Hard Clams - Methods Of Take, Season And Limits For Recreational Clamming (Formerly S-21)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person to attempt to take, catch, kill or reduce to possession any hard clams with a device other than a hand-held rake with a head no wider than fourteen (14) inches measured perpendicular to the tines and a straight handle not in excess of seven (7) feet in length.
2.0 It shall be unlawful for any person to harvest hard clams during the period between one-half hour after sunset and one-half hour before sunrise next ensuing.
3.0 It shall be unlawful for any person who is a resident of this State to harvest in any one (1) day or possess at any time more than one hundred (100) clams unless otherwise permitted to do so by license or permit or said person has a valid receipt for all clams in excess of one hundred (100).
4.0 It shall be unlawful for any person who is a non-resident of this State to harvest in any one (1) day or possess at any time more than fifty (50) hard clams unless otherwise permitted to do so by license or permit or said person has a valid receipt for all clams in excess of fifty (50).
5.0 It shall be lawful for any person to harvest hard clams on any date during the time period permitted.
3755 LOBSTER
3756 Lobsters - Pot Design (Formerly S-23)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person to set, tend or conduct shellfishing for lobsters with any pot or trap in the waters under the jurisdiction of the State unless said pot or trap has an escape vent, slot or port of not less than two (2) inches by 5 ¾ inches located in the parlor section of each pot or trap, or if a circular escape vent is used in the parlor section of any lobster pot or trap, it shall be unlawful to use any circular vent that is less than 2 5/8 inches inside diameter.
2.0 It shall be unlawful for any person to set, tend or conduct shellfishing for lobsters with any pot or trap, not constructed entirely of wood, excluding heading or parlor twine and the escape vent, that does not contain a ghost panel covering an opening that measures at least 3 ¾ inches by 3 ¾ inches. A ghost panel means a panel, or other mechanism, designed to allow the escapement of lobsters after a period of time if the pot or trap has been abandoned or lost. The panel must be constructed of, or fastened to the pot or trap with, one of the following untreated materials: wood lath, cotton, hemp, sisal or jute twine not greater than 3/16 inch in diameter, or non-stainless, uncoated ferrous metal not greater than 3/32 inch in diameter. The door of the pot or trap may serve as the ghost panel, if fastened with a material specified in this subsection. The ghost panel must be located in the outer parlor(s) of the pot or trap and not the bottom of the pot or trap.
3.0 It shall be unlawful for any recreational or commercial lobster pot fisherman to set, tend or conduct shellfishing for lobsters with a lobster pot or trap with a volume larger than 22,950 cubic inches.
2 DE Reg 1898 (4/1/99)
10 DE Reg. 1034 (12/01/06)
3757 Lobsters - Pot, Season And Limits For Commercial Lobster Pot License (Formerly S-25)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be lawful for any person who has a valid Commercial Lobster Pot License to harvest lobsters in the waters under the jurisdiction of the State at any time as permitted by law on any date except Sunday.
2.0 It shall be unlawful for any person who has a valid Commercial Lobster Pot License to set, tend or use in any manner in excess of fifty (50) lobster pots for the taking of lobsters in the waters under the jurisdiction of the State.
3.0 It shall be unlawful for any person, licensed to catch or land lobsters for commercial purposes in this State, who uses gear or methods other than pots or traps outside the jurisdiction of this State, to land more than 100 lobsters per day for each day at sea during the same trip, up to a maximum of 500 lobsters per trip for trips 5 days or longer
2 DE Reg 1898 (4/1/99)
3758 Possession Of V-notched Lobsters Prohibited (Formerly S-26)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person to possess a V-notched female lobster. V-notched female lobster means any female lobster bearing a V-notch, a straight-sided triangular cut with or without setal hairs at least 1/8 inch in depth and tapering to a sharp point, in the flipper next to the right of center flipper as viewed from the rear of the female lobster. V-notched female lobster also means any female lobster which is mutilated in a manner which could hide, obscure or obliterate such a mark. The right flipper will be examined when the underside of the lobster is down and its tail is toward the person making the determination.
2 DE Reg 1898 (4/1/99)
11 DE Reg. 1662 (06/01/08)
3765 OYSTERS
3766 Natural Oyster Beds - Location (Formerly S-7)
(Penalty Section 7 Del.C. §1912)
1.0 Natural oyster beds shall mean those shellfish grounds located to the North of the “East Line” in Delaware Bay and River and shellfish grounds located upstream of the entrances of all tributaries entering the Delaware River and Delaware Bay under the jurisdiction of the State.
2.0 The Department shall designate specific natural oyster beds that will be open for taking seed oysters on specific dates prior to April I in any given year.
3767 Description Of Boundaries Delineating Leasable Shellfish Grounds (Formerly S-45)
(Penalty Section 7 Del.C. §1912)
1.0 Shellfish grounds to be leased for protecting, planting and harvesting shellfish in the State shall be limited to the following area in Delaware Bay described as follows:
1.1 Starting at a point on the "East Line" in Delaware at Loran-C coordinates 27314.50/42894.25 and continuing due east to a point at Loran-C coordinates 27294.08/42895.60 and then continuing south to a point at Loran-C coordinates 27270.80/42852.83 and then continuing southwest to a point at Loran-C coordinates 27279.67/4283742 and then continuing west southwest to a point at Loran-C coordinates 27281.31/42803.48 and then continuing west to a point at Loran-C coordinates 27280.75/42795.50 and then in a northerly direction on a line 1000" offshore, coterminous with the existing shoreline to the point of beginning on the “East Line”.
3768 Oyster Harvest Quota (Formerly S-75)
(Penalty Section 7 Del.C. §1912)
1.0 The oyster harvest quota for the direct market fishery from the state owned natural beds will be established annually by the Department.
5 DE Reg. 2140 (5/1/02)
6 DE Reg. 1356 (4/1/03)
7 DE Reg. 1578 (5/1/04)
3769 Oyster Harvesting Control Dates (Formerly S-71)
(Penalty Section 7 Del.C. §1912)
1.0 A person is authorized to participate in the seasonal harvest of oysters for direct sale from the State's natural oyster beds provided said person complies with the following criteria:
1.1 He/she has a valid oyster harvesting license and meets the eligibility requirements in 7 Del.C. §2103.
1.2 He/she has indicated in writing to the Department no later than 4:30 PM on a date at least 30 days prior to the opening date of the oyster harvesting season that he/she will participate.
1.3 He/she pays the harvest fee of $1.25 per bushel for his/her individual allotment of oysters no later than 4:30 PM on a date at least 10 days prior to the opening date of the oyster harvesting season.
2.0 In the event a person who indicates in writing to the Department that he/she will participate in the next seasonal harvest of oysters from the State's natural oyster beds and then fails to pay his or her oyster harvest fee on time said person's share of oysters shall be pooled and made available for subsequent allocations to individuals who have paid their oyster harvest fees on time. The quantity of the subsequent allocation of oysters shall be determined by dividing the pooled allotments by the number of paid participants. Interested participants may obtain no more than one subsequent allocation by paying the oyster harvest feel of $1.25 per bushel prior to harvesting same.
5 DE Reg. 2140 (5/1/02)
3770 Oyster Harvesting Gear (Formerly S-67)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person to harvest oysters or attempt to harvest oysters from the State's natural oyster beds with any gear other than an oyster dredge that measures no more than 52 inches in length along the tooth bar.
2.0 It shall be unlawful for any person to harvest oysters or attempt to harvest oysters from the State's natural oyster beds with an oyster dredge with teeth measuring more than four (4) inches in length.
3.0 It shall be unlawful for any person to harvest oysters or attempt to harvest oysters from the State's natural oyster beds with more than two oyster dredges overboard at the same time.
4.0 It shall be unlawful for any person to harvest oysters or attempt to harvest oysters from the State's natural oyster beds with any dredge that is attached to another dredge.
5 DE Reg. 972 (10/1/01)
3771 Oyster Harvesting Licensee Requirements (Formerly S-73)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person licensed to harvest oysters from the State's natural oyster beds to possess another person's oyster harvesting tags while on board the vessel listed on said person's oyster harvesting license unless the other person is on board said vessel while harvesting oysters.
2.0 It shall be unlawful for any person licensed to harvest oysters from the State's natural oyster beds for direct sale to not attach an oyster harvesting tag in the locked position through the fabric of a bushel bag containing oysters. The tag shall be cinched around the top of the bag and locked such that the bag may not be opened nor oysters removed from the bag without breaking the tag or seal. Bags shall be tagged prior to the vessel leaving the shellfish harvest grounds and returning to any port.
3.0 It shall be unlawful for any person to possess a bushel bag that is empty or partially filled with oysters so long as an oyster harvesting tag is attached to said bag.
5 DE Reg. 2140 (5/1/02)
6 DE Reg. 1356 (4/1/03)
4.0 It shall be unlawful for any person to possess an oyster cage that is empty of oysters so long as an oyster harvesting tag is attached to said cage. A partially filled oyster cage must have the appropriate number of tags attached in the locked position to reflect the number of bushels of oysters in the cage.
6 DE Reg. 1356 (4/1/03)
11 DE Reg. 1496 (05/01/08)
3772 Oyster Harvesting Seasons (Formerly S-63)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person to harvest or to attempt to harvest oysters from the State's natural oyster beds except during the seasons beginning at sunrise on May 12, 2003 and ending at sunset on June 28, 2003 and beginning at sunrise on September 1, 2003 and ending at sunset on December 31, 2003.
5 DE Reg. 2140 (5/1/02)
6 DE Reg. 1356 (4/1/03)
3773 Oyster Landing Areas (Formerly S-65)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person to harvest or to attempt to harvest oysters from the State’s natural oyster beds except during a season that will be established by the Department.
2.0 ‘To Land' shall mean to bring to shore.
5 DE Reg. 2140 (5/1/02)
7 DE Reg. 1578 (5/1/04)
3774 Oyster Minimum Size Limit (Formerly S-69)
(Penalty Section 7 Del.C. §1912)
1.0 It shall be unlawful for any person to possess any oyster harvested for direct sale from the State's natural oyster beds that measures less than 2.75 inches between the two most distant points on the edges of said oyster's shell.
5 DE Reg. 2140 (5/1/02)
Please note: The DNREC regulations provided on this web site are not a complete list DNREC’s regulations. The State Registrar of Regulations, working in conjunction with DNREC, is working toward populating this site over time with all of DNREC’s regulations, however this effort will not be complete until sometime in 2008. In the meantime, please refer to DNREC’s website for a more complete listing of DNREC’s regulations. DNREC’s website can be reached through the following link http://www.dnrec.state.de.us/DNREC2000/Rules.asp
