Delaware § 2311 - Crab pot and trotline attendance; abandonment; confiscation; forfeiture.

§ 2311. Crab pot and trotline attendance; abandonment; confiscation; forfeiture.

(a) (1) 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.

(2) It shall be unlawful for any person to place, use, or set a crab trotline in the tidal waters of this State between the hours of 1 hour after sunset and 1 hour before sunrise.

(b) (1) 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.

(2) Failure to tend and remove crabs from a trotline in the tidal waters of this State at least 24 hours after such trotline is tagged by the Department shall constitute abandonment of said trotline.

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

(d) Upon a determination that a crab pot or trotline has been abandoned and seized by the Department, ownership in said crab pot or trotline 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 or trotline which fails to be placed, used or set in compliance with the provisions of this chapter.

(f) Title to a crab pot or trotline 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;  84 Del. Laws, c. 517, § 3;