2018 Delaware Code
Title 7 - Conservation
CHAPTER 9. FINFISHING IN TIDAL WATERS
§ 936. Enforcement; penalties; seizure and forfeiture of illegally used property; injunctions; false statements.

(a) The Secretary, the Department and persons authorized by the Secretary shall enforce this chapter and any regulation promulgated by the Department or any permit issued by the Division.

(b) Any person, organization, group, business, corporation, partnership or any other type of entity that violates this chapter or regulation promulgated by the Department or permit issued by the Division shall be punishable as follows:

(1) If there has been a violation of any provisions in §§ 910, 917, 918, 920, 921, 922, 923, 924, 925, and/or 928 of this title or any regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or methods of fishing, each violator thereof shall be guilty of a Class D environmental violation. For any second violation of any provisions in §§ 910, 917, 918, 920, 921, 922, 923, 924, 925 and/or 928 of this title or any regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or methods of fishing, each violator thereof shall be guilty of a Class C environmental violation. For any subsequent violation of any provisions in §§ 910, 917, 918, 920, 921, 922, 923, 924, 925 and/or 928 of this title or any regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or methods of fishing, each violator thereof shall be guilty of a Class B environmental misdemeanor;

(2) If there has been a violation of any section of this chapter or any regulation promulgated by the Department or permit issued by the Division other than a provision of §§ 910, 913, 917, 918, 920, 921, 922, 923, 924, 925, 926, 927 and/or 928 of this title or regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or method of fishing, each violator thereof shall be guilty of a Class D environmental violation. For each violation of any section of this chapter, any regulation promulgated by the Department pursuant thereto, or any permit issued by the Division which involves the illegal taking of a striped bass in the tidal waters of this State, shall be guilty of a Class C environmental violation. Each striped bass illegally taken shall constitute a separate violation;

(3) Nothing expressed in this section should be interpreted to limit or supersede the authority of the Secretary and authorized personnel to seize and seek the forfeiture of any finfish and/or other items as provided for in any other provisions of this chapter. The Superior Court shall have jurisdiction of a violation in which forfeiture involves finfish or other items exceeding $100 in fair market value. The Justice of Peace Courts shall have jurisdiction of a violation in which forfeiture involves finfish or other items with a fair market value of $100 or less; and

(4) Except as otherwise provided in this chapter, the Justice of the Peace Court shall have jurisdiction over any violation of this chapter or any regulation promulgated by the Department or any permit issued by the Division.

(c) If any violation of any provision in this chapter or regulation promulgated by the Department or permit issued by the Division is continuing or threatening to begin, the Secretary may, in addition to having the violator prosecuted in either the Superior Court or Justice of the Peace Court as provided for in this section, seek a temporary restraining order, a temporary injunction or permanent injunction in the Court of Chancery.

(d) Any person, organization, group, business, corporation, partnership or any other type of entity that knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under any provision of this chapter, any permit or any regulation promulgated or issued under this chapter shall be guilty of a class A misdemeanor. The Justice of the Peace Courts shall have jurisdiction over offenses under this subsection. No fine imposed under this subsection shall be suspended.

(e) Any commercial food fishing license holder who does not file a monthly report on his or her catch by effort, species and weight on forms provided by the Department, as required in § 914(6) of this title, by 4:30 p.m. of the last working day of the month following the month for which the report is due, may have his or her commercial food fishing license revoked by the Director until such time when all reporting requirements are fulfilled in a manner acceptable to the Director.

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; 65 Del. Laws, c. 192, § 3; 65 Del. Laws, c. 193, § 14; 67 Del. Laws, c. 310, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 421, § 4.