Delaware § 2802 - Commercial conch pot license; fees; exemptions.

§ 2802. Commercial conch pot license; fees; exemptions.

(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 1-year period.

69 Del. Laws, c. 284, §  4;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 29, §  8;  80 Del. Laws, c. 348, § 3;