(a) No person shall fish with or use in the tidal waters of this State any type of trawl net that is operated in any manner by wind or sail power, motor power, hydraulics, pulleys, by being pulled by a power vessel or other mechanical advantage, or any purse seine operated in any manner, or any run around gill net, except as provided by §§ 911 and 919 of this title.
(b) Any person who is determined to be in violation of this section shall be fined not less than $2,000 and not more than $5,000, plus the payment of costs, and/or imprisoned for up to 6 months; and for any subsequent violation of this section the person shall be fined not less than $5,000, plus the payment of costs, and/or imprisoned for up to 6 months.
(c) Any authorized employee of the Department who has probable cause to believe that there is or has been a violation of this section may seize the following items under the following conditions:
(1) Any finfish located, found, retained, taken and/or caught in violation of this section; or
(2) Any other item to be used as evidence in any case to be brought for violation of this section.
(d) Any authorized employee of the Department who has seized finfish pursuant to this section shall comply with § 935 of this title.
(e) Any authorized employee of the Department who has seized any finfish or other items pursuant to this section may seek to have said finfish or items forfeited, in which case the Superior Court shall have jurisdiction over the alleged violation if the fair market value of the forfeited finfish or other items exceeds $100, and any forfeiture of the finfish or other items shall be in accordance with the rules of procedure for the Superior Court. The Justice of Peace Courts shall have jurisdiction over any violation in which the forfeiture sought is of finfish or other items of $100 or less in fair market value.
64 Del. Laws, c. 251, § 1; 65 Del. Laws, c. 193, §§ 11, 12; 73 Del. Laws, c. 241, § 1.
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