Delaware § 932 - Removal and inspection of fishing equipment by authorized personnel; confiscation and sale of illegally used equipment.

§ 932. Removal and inspection of fishing equipment by authorized personnel; confiscation and sale of illegally used equipment.

(a) Any authorized employee of the Department may inspect any fishing equipment placed in the tidal waters of this State.

(b) Any authorized employee of the Department may remove any fishing equipment used in the tidal waters of the State that is not marked, identified and/or being used for fishing according to this chapter or regulation promulgated by the Department or permit issued by the Division, provided that the Department notify, or attempt to notify, the owner of said equipment when said owner is known, and give such owner the opportunity to remove said fishing equipment.

(c) Any fishing equipment removed from the tidal waters of the State, as provided for in this section, which is not claimed by its owner within 30 days after its removal shall be subject to the following provisions that provide for its disposition by public sale:

(1) After the 30-day waiting period the Department shall advertise the sale of the removed fishing equipment in a newspaper of general circulation throughout the State. The advertisement shall give a brief description of the property and the procedure for the sale thereof.

(2) The sale of the advertised property will be conducted by the Department. The Department shall accept sealed bids for the property, with the property being sold to the highest bid received.

(3) Any moneys received from the sale of the removed property shall be retained by the Department for a period of 1 year after receipt of said moneys, during which time the owner of the removed property may file a claim with the Department for the payment of said moneys. The expenses of the Department for arranging the public sale of the removed fishing equipment may be deducted from any moneys paid to the owner of the removed fishing equipment.

(4) Moneys from the public sale of the removed fishing equipment that are not claimed by the owner of said equipment within 1 year after the receipt of said moneys shall be deposited into the Finfisheries Development Fund.

Code 1915, §  2516;  28 Del. Laws, c. 203;  Code 1935, §  3004;  7 Del. C. 1953, §  952;  57 Del. Laws, c. 739, §§  62, 63;  64 Del. Laws, c. 251, §  1;