Title 7, Conservation

§ 904. Advisory Council on Tidal Finfisheries; establishment; organization; authority. (a) There is created an Advisory Council on Tidal Finfisheries to advise the Director on all matters relating to tidal finfisheries management. (b) The Council shall have 7 members, all of whom…

§ 905. Procedures for promulgation of regulations; public hearing notice; submission to Council; approval [Repealed].64 Del. Laws, c. 251, § 1; repealed by 82 Del. Laws, c. 125, § 2, effective July 17, 2019.;

§ 906. Definitions. Unless otherwise provided in this chapter: (1) “Active commercial fisher” shall mean an individual licensed by the Department to fish for commercial purposes for finfish or shellfish who has filed landing reports with the Department that account for no less th…

§ 907. Equipment and methods used for fishing for game fish. Unless otherwise authorized by the adoption of Department regulation or issuance of Division permits, it shall be illegal for any person to fish for any game fish in the tidal waters of the State with any fishing equipm…

§ 908. Equipment and methods used for fishing for bait fish. Unless otherwise authorized by the adoption of any Department regulation or issuance of Division permits subsequent to April 27, 1984, it shall be illegal for any person to fish for bait fish in the tidal waters of the …

§ 909. Fishing for bait fish in tidal waters. Unless otherwise provided by adoption of Department regulation subsequent to April 27, 1984, it shall be legal to fish for bait fish in all tidal waters of this State.64 Del. Laws, c. 251, § 1;

§ 910. Types of fishing equipment and methods used for fishing for food fish. (a) Unless otherwise authorized by this chapter or the adoption of any Department regulation or issuance of Division permits subsequent to April 27, 1984, it is illegal for any person to fish for food f…

§ 911. Scientific permit; issuance; information; expiration; report; equipment marking and identification requirements. (a) For purposes that are scientific or for the propagation of finfish, the Director may issue a scientific permit to any scientific or educational institution,…

§ 912. Sale, trade and/or barter of game fish. (a) No person who catches or takes any species of game fish from or out of the tidal waters of this State shall sell, trade and/or barter said game fish, unless the Director has authorized such sale, trade or barter by issuing the pe…

§ 913. Sale, trade and/or barter of food fish. (a) No individual who catches or takes any species of food fish, from or out of the tidal waters of this State shall sell, trade and/or barter said food fish, unless said individual has been issued a valid commercial food fishing lic…

§ 914. Commercial food fishing license; requirements and fees. A commercial food fishing license shall be issued to an individual in accordance with the requirements and procedure set forth below in this section: (1) The fee for a commercial food fishing license for an individual…

§ 915. Food fishing equipment permit; requirements, fees and restrictions. (a) A valid food fishing equipment permit issued by the Department is required before any individual shall: fish for food fish in the tidal waters of this State with the fishing equipment specified in subs…

§ 916. Finfisheries Development Fund. (a) There is hereby established a Finfisheries Development Fund, which shall be funded by the following sources: (1) Moneys received by the Department for commercial food fishing license fees and food fishing equipment permits; (2) Moneys rec…

§ 917. Areas restricted for using certain fishing equipment. (a) No person shall fish with any fixed fishing equipment in tidal waters located outside the mouths of tributaries known as the Salem River, Christina River, Delaware City Canal and Chesapeake and Delaware Canal, and m…

§ 918. Interfering with fishing equipment. No person shall, except in an emergency, interfere with, break, damage or destroy any fishing equipment that is being used in the tidal waters of this State for the taking of any finfish in a manner provided for by this chapter or any re…

§ 919. Menhaden fishing; penalties. (a) It shall be unlawful for any person to fish, use, employ or attempt to fish, use or employ any purse seine to take or attempt to take menhaden in the tidal waters of this State. (b)-(h) [Repealed.] (i) Whoever violates this section shall be…

§ 920. Marking requirement for fishing equipment; exception for minnow traps; removal of stakes, anchors and lines. (a) No person shall fish with any fixed net in the tidal waters of this State unless said net, pot or trap is marked in accordance with the following criteria: (1) …

§ 921. Identification requirements for equipment. No fisher shall fish with any food fishing equipment in the tidal waters of this State that is permitted under the provisions of § 915 of this title that does not have attached to it a fisher’s food fishing equipment permit number…

§ 922. Length restrictions on certain nets. No person shall fish in Delaware’s internal waters with any 1 gill net that exceeds 200 yards in length, or fish in said waters with more than 1 gill net in a continuous series when the series of gill nets exceeds 500 yards in total len…

§ 923. Gill nets; restrictions on use; seasons. (a) Unless otherwise authorized by a scientific permit issued by the Division, no person shall fish more than an aggregate of 200 feet of gill net, that is anchored, staked or fixed in any way in the tidal waters of this State at an…

§ 924. Unattended fishing equipment. (a) No person shall leave fixed fishing equipment that is being fished in the tidal waters of this State unattended for any longer than 48 hours unless inclement weather provides for unsafe navigation. (b) No person shall leave drifting fishin…

§ 925. Fishing with explosives, chemicals, poisons and other devices; exception for Department and agents. (a) No person shall fish for finfish in the tidal waters of the State with any explosives, chemicals, poisons and/or poisoned baits or other substances or devices employing …

§ 926. Extracting oil or making fertilizer from food and game fish; penalty. (a) No person shall have in his or her possession and/or bring into this State any finfish, other than menhaden, legally taken in this State or other waters, for the purpose of extracting oil therefrom, …

§ 927. Fishing with trawl nets, purse seines, run around gill nets; penalty; exceptions. (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 p…

§ 928. Interstate transfer of finfish. (a) No person who catches food fish outside the jurisdictional boundaries of the State shall land and/or transfer said food fish from said person’s vessel to a shore or any facility located in the State for the purpose of transporting, selli…

§ 928A. Trade in shark fins; penalty. (a) For the purpose of this section: (1) “Shark” shall mean any species of the subclass Elasmbranchii, exclusive of the Spiny dogfish (Squalus acanthias) and Smooth dogfish (Mustelus canis); and (2) “Shark fin” shall mean the raw, dried or ot…

§ 929. Size limits on finfish; exceptions [Subject to the provisions of 64 Del. Laws, c. 251, § 4]. (a) Unless otherwise provided in this chapter or by regulation promulgated by the Department or permit issued by the Division subsequent to April 27, 1984, no person shall possess …

§ 930. Striped bass spawning areas. (a) For purposes of this chapter or any regulation promulgated by the Department or permit issued by the Division, striped bass spawning areas in the State shall mean the Nanticoke River and its tributaries and the Chesapeake and Delaware Canal…

§ 931. Theft and attempted theft of fishing equipment or finfish from fishing equipment. (a) No person shall take and/or remove any finfish from any fishing equipment that is owned by another person without having received written authority to take and/or remove said finfish. (b)…

§ 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 …

§ 933. Search of persons, boats, vessels and commercial facilities. Any authorized employee of the Department, after determining there is probable cause that there has been a violation of this chapter or any regulation promulgated by the Department or any permit issued by the Div…

§ 934. Seizure and forfeiture of finfish. (a) Any authorized employee of the Department who has probable cause to believe that there is a violation of this chapter or any regulation promulgated by the Department or permit issued by the Division may seize the following items under…

§ 935. Sale of seized finfish. (a) Except as otherwise provided in this chapter, in view of the perishable nature of fish, any employee of the Department authorized to enforce this chapter or any regulation promulgated by the Department or permit issued by the Division who seizes…

§ 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 iss…

§ 937. Suspension or refusal to issue commercial finfishing license. If a commercial fisher during a 1-year period has committed 3 or more violations of any provision of this chapter or any regulation promulgated by the Department or permit issued by the Division and is convicted…

§ 938. Creel limits on finfish; exceptions. (a) Unless otherwise provided in this chapter, or by regulations promulgated by the Department, or permit issued by the Division, a fisher shall not have in possession at or between the place caught and the fisher’s personal abode or te…

§ 939. Fishing seasons; exception. (a) Notwithstanding § 938 of this title, it shall be unlawful for any person to possess or retain more than 3 tautog (Tautoga onitis) during the period beginning at 12:01 a.m. on April 1 through and including midnight on June 30 next ensuing exc…

§ 940. Food fish dealer permits. (a) If a fishery management plan approved by the Secretary of the U.S. Department of Commerce or Atlantic States Marine Fisheries Commission requires the commercial landings of a food fish species to be managed with a quota, said food fish species…

§ 941. Headboat/charter boat fishing permits; reporting requirements. (a) If a fishery management plan approved by the Secretary of the U.S. Department of Commerce or Atlantic States Marine Fisheries Commission requires the landings of a finfish species by headboats and charter b…

§ 942. Control of invasive finfish species, including for use as bait [For application of this section, see 84 Del. Laws, c. 528, § 4]. (a) Definitions. — (1) “Invasive finfish species” means a non-native finfish species, including the eggs thereof or other biological material, c…

§ 943. Tagging striped bass. The affixing of a tag on a striped bass by a commercial fisherman shall be required before landing or putting on shore.80 Del. Laws, c. 165, § 1;

§§ 944-957.