Delaware Code TITLE 7

3100 Boating Regulations

Chapter 12.0 Anchoring and Obstructing Navigation

• 12.2.4 No person shall place any item or equipment in a navigable channel so as to obstruct or otherwise impede or interfere with the passage of a vessel.

 

3700 Shellfish

Chapter 23 Blue Crabs (Callinectes Sapidus)

 

 

• 2301. Minimum size.

It shall be unlawful for any person to take from any waters within the jurisdiction of the State or have in his or her possession at any time any hard-shell blue crab measuring less than 5 inches from tip to tip, nor any soft-shell blue crab measuring less than 3¹/₂ inches from tip to tip, nor any peeler blue crab measuring less than 3 inches from tip to tip. The minimum size of hard-shell blue crabs shall not apply to mature female blue crabs that are identified by having a rounded or u-shaped apron. The apron is the abdomen which is the rear portion of the blue crab that is folded underneath the body. Any commercial measure of blue crabs shall not contain more than 5% crabs that are less than the respective minimum size.

7 Del. C. 1953, §§  2303, 2304;  51 Del. Laws, c. 151, §  1;  57 Del. Laws, c. 587, §§  1, 2;  60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 194, §  5;  70 Del. Laws, c. 186, §  1;

 

• 2302. Female blue crabs bearing eggs.

It shall be unlawful for any person to take or have in his or her possession or offer for sale at any time any female blue crab bearing eggs visible thereon (sponge crabs), or any female blue crab from which the egg pouch or bunion has been removed.

7 Del. C. 1953, §  2301;  51 Del. Laws, c. 151, §  1;  60 Del. Laws, c. 513, §  2;  70 Del. Laws, c. 186, §  1;

 

 

• 2305. Seasons; limits.

(a) No person shall catch and take or attempt to catch and take crabs in any of the waters under the jurisdiction of this State with any commercial crab pot between December 1 of each year and the last day of February immediately following.

(b) The Department may restrict the number of crab pots which may be set by any 1 licensee when, in its discretion, the Department determines from biological evidence that emergency restrictions are necessary to protect crabs or other shellfish resources of the State; they may do so with such advance notice as it deems necessary.

(c) No person shall catch and take or attempt to catch and take crabs by dredge in any of the waters under the jurisdiction of this State between March 31 of each year and December 15 thence next ensuing of any year.

 

60 Del. Laws, c. 513, §  2;

 

• 2310. Noncommercial crabbing; daily limits.

(a) Noncommercial crabbing is permitted in any of the waters under the jurisdiction of the State unless otherwise posted by the Department.

(b) It is unlawful for any person actively engaged in noncommercial crabbing to sell any crabs.

(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 person’s 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.

(d) It shall be unlawful for any person to take in any 1 day more than 1 bushel of blue crabs unless otherwise authorized to do so by license or permit.

(e) 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 December 1 and the last day of February immediately following.

(f) 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 2 crab pots in the tidal waters of this State.

7 Del. C. 1953, §  2302;  51 Del. Laws, c. 151, §  1;  60 Del. Laws, c. 513, §  2;  67 Del. Laws, c. 194, §  6;  68 Del. Laws, c. 382, §§  1-3;

 

 

• 2311. Crab pot attendance; abandonment; confiscation; forfeiture.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

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

(f) 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.

68 Del. Laws, c. 382, §  4;

 

 

 

 

 

3717 Failure To Tend Crab Pots

(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.

3720 Non-commercial Crab Pots: Illegal Tampering Thereof

(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

(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.