Title 7, Conservation

§ 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.

§ 1101. Application of chapter. This chapter shall apply to fishing for finfish in all the nontidal waters of this State. This chapter shall not apply to cultured aquatic stock in transit to, or in or removed from, registered aquaculture facilities pursuant to Chapter 4 of Title …

§ 1102. Definitions. (a) Unless otherwise provided in this chapter, and in addition to the words defined in this section, the words and definitions contained in § 906 of this title are hereby incorporated into this section and chapter. (b) “Freshwater finfish” or “freshwater fish…

§ 1103. Equipment and methods used for fishing for freshwater finfish. Unless otherwise authorized by regulation promulgated by the Department or permit issued by the Division or Director, it shall be illegal for any person to fish for any freshwater fish in the nontidal waters o…

§ 1104. Regulations promulgated by Department. Nothing in this chapter shall be interpreted to lessen or preclude the Department’s authority to promulgate regulations pertaining to freshwater fish pursuant to the provisions of § 103 of this title.64 Del. Laws, c. 251, § 2;

§ 1105. Sale and attempted sale of freshwater finfish. (a) No person shall sell, trade or barter any finfish taken from the nontidal waters of this State, unless said person has been authorized to do so in a permit issued by the Director. (b) No person shall attempt to sell, trad…

§ 1106. Enforcement of chapter; violations. (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 or Director. (b) Any person, organization, group,…

§ 1107. Fee fishing operations; exemptions. Any person who lawfully takes and has fish in the person’s possession from a fee fishing operation, registered as same with the Department of Agriculture according to Chapter 4 of Title 3, is exempt from any seasonal restrictions, size …

§ 1108. Live bait [For application of this section, see 84 Del. Laws, c. 528, § 4]. (a) The Department shall determine which species of live bait, including “bait fish” as defined in § 906 of this title, may be harvested, imported, transported, sold, or used as bait to fish or be…

§§ 1109-1123.

§ 1124. Issuance of special trout fishing stamp. The Department shall annually issue a distinctive stamp for fresh water trout fishers, which shall be known as the Delaware trout fishing stamp.7 Del. C. 1953, § 1125; 50 Del. Laws, c. 257, § 2; 57 Del. Laws, c. 739, § 68; 70 Del. …

§ 1125. Sale of stamps; applications; price. (a) Licensing agents, who are authorized by the Department to sell fishing licenses, are authorized to sell Delaware trout fishing stamps, and for their sale shall be entitled to the compensation provided by § 511 of this title for the…

§ 1126. Stamp requirement and possession; exemptions from purchase of stamp. Anyone who fishes in fresh waters stocked with trout by the Department at locations and during seasons designated by the Department shall purchase a Delaware trout fishing stamp. Such stamp must be in th…

§ 1127. Exception for owner or lessee of land traversed by trout-stocked waters. An owner or bona fide lessee of land traversed by trout-stocked waters and members of his or her immediate family may fish such waters upon his or her land without purchasing a stamp.7 Del. C. 1953, …

§ 1128. Use of proceeds of sale of stamps. All moneys received from the sale of Delaware trout fishing stamps shall be deposited at least monthly by the Department with the State Treasurer, to be by him or her retained until expended upon proper vouchers of the Department only fo…

§ 1129. Offenses; penalty. The following acts shall be offenses under this subchapter punishable as a Class D environmental violation for each such act: (1) To alter or change a Delaware trout fishing stamp in any way; (2) To loan such a stamp to another person for use as authori…

§ 1301. Arrest of violators without warrant by license holders. Every person holding a license for hunting or fishing, as prescribed by law, may arrest, without warrant, violators of this part.26 Del. Laws, c. 162, § 10; Code 1915, § 2367; Code 1935, § 2813; 7 Del. C. 1953, § 130…

§ 1302. Arrest of violators without warrant by freeholder, leaseholder or employee. Any freeholder or leaseholder or member of his or her family or any person in his or her employ may arrest, without warrant, any person who, upon the freehold or leasehold, commits any violation o…

§ 1303. Confiscation and disposition of game and fish unlawfully taken. The Department shall confiscate all game and fish unlawfully taken or had in possession, and dispose of the same by destroying it or distributing it among charitable institutions.26 Del. Laws, c. 162, § 13; C…

§ 1304. Environmental misdemeanors, environmental violations, sentences and fines. (a) Violations of Chapters 1, 5, 6, 7, 9, 18, 19, 21, 23, 24, 25, 26, 27, and 28 and of subchapter I of Chapter 11 of this title or Department orders, rules or regulations promulgated to implement …

§ 1305. Violations by corporations; service; collection of fines. Where a corporation is accused of violating this part, the warrant of arrest may be read to the president, secretary, or manager in this State, or to any general or local agent thereof in any county where the actio…

§ 1306. Failure of officer or Fish and Wildlife Agent to do duty; penalty. Whoever, being an official, officer or Fish and Wildlife Agent, fails to perform any act, duty or obligation enjoined upon the person by this part, shall be guilty of a class D environmental violation.26 D…

§ 1307. Report to Department. Any court or officer of any court, before whom any prosecution, under this part, is commenced or shall go on appeal, and within 20 days after trial or dismissal thereof, shall report in writing the result thereof and the amount of fine or forfeiture …

§ 1308. Affidavit, complaint or indictment charging several offenses; proof. Two or more offenses may be charged in the same affidavit, complaint or indictment. Proof as to a part of a bird, animal or fish shall be sufficient to sustain a charge to the whole of it. The violation …

§ 1309. Jurisdiction of justices of peace; appeal; bond. (a) The justices of the peace in this State shall have jurisdiction of all offenses under this part, unless another court is given exclusive jurisdiction. (b) Any person charged before a justice of the peace with a violatio…