2017 Delaware Code
Title 7 - Conservation
CHAPTER 21. OYSTERS
§ 2105. Oyster harvest fees and tags.
Except where otherwise noted, nothing in this section shall apply to oyster aquaculture products harvested from leased sites on Delaware's Inland Bays:
(1) An annual oyster harvest fee of $1.25 per bushel of oysters harvested from the State's natural oyster beds shall be prepaid to the Department by a resident of this State on or before specific dates established by the Department.
(2) An annual oyster harvest fee of $12.50 per bushel of oysters harvested from the State's natural oyster beds shall be prepaid to the Department by nonresidents of the state area before specific date or dates established by the Department.
(3) A person's total oyster harvest fees shall be determined by dividing the number of bushels of oysters authorized to be harvested in a given year by the number of eligible persons who sign up to participate in the oyster harvest during said year multiplied by the appropriate oyster harvest fee.
(4) The Department shall issue tags to those persons who prepay their annual oyster harvest fees at the rate of 1 tag per bushel or 1 tag per 30-bushel cage.
(5) The Department shall notify each person who has been issued an oyster harvesting license of the amount of oysters available for harvest during a given year.
(6) Oyster harvesting tags, once issued to a person by the Department, shall not be reimbursable or transferable.
(7) It shall be unlawful for a person who harvests oysters from the natural oyster beds of this State for direct sale to not place said oysters in a bushel bag or 30-bushel cage prior to landing said oysters. "Landing" shall mean to bring to shore.
(8) It shall be unlawful for a person who harvests oysters from the natural oyster beds of this State for direct sale to not attach an oyster harvesting tag in the locked position to a bushel bag or 30-bushel cage containing oysters prior to landing said oysters.
(9) It shall be unlawful for a person to attach an oyster harvesting tag which had been previously attached to a bushel bag or a 30-bushel cage to another bushel bag or 30-bushel cage.
(10) It shall be unlawful for any person to have any bushel bag or 30-bushel cage that is empty or partially filled with oysters on board a vessel that has an oyster harvesting tag attached.
(11) It shall be lawful for anyone with a valid oyster harvesting license to transfer oyster harvesting tags to another licensed oyster harvester authorized to participate in the oyster harvesting season, provided said transfer is made prior to said tags being issued by the Department. All transfers shall be in writing on forms supplied by the Department.
7 Del. C. 1953, § 2111; 58 Del. Laws, c. 107, § 2; 60 Del. Laws, c. 513, § 2; 73 Del. Laws, c. 132, § 1; 78 Del. Laws, c. 41, § 1; 79 Del. Laws, c. 178, § 4.;
