Chapter 9. Finfishing In Tidal Waters
TITLE 7
Conservation
Game, Wildlife and Dogs
CHAPTER 9. FINFISHING IN TIDAL WATERS
§ 901. Purpose of chapter; policy of State; interstate fishery management plan; advisory committee.
(a) The purpose of this chapter is to effectuate the State's policy toward the management and conservation of coastal finfishery resources in cooperation with the federal government, local governments of this State and the governments of other states. This chapter provides the legal framework by which the users of this State's finfishery resource can participate in the State's responsibility of governing fishing for, and the taking of, finfish in a manner that is both biologically and socioeconomically sound.
(b) It shall be the policy of the State to manage tidal water finfisheries in accordance with the development and maintenance of a management strategy that perpetuates the historic significance of recreational and commercial fisheries with priority for development of interstate management plans given to those species that are of foremost interest to recreational fishermen. These species shall include the weakfish, Cynoscion regalis, striped bass, Morone saxatilis, summer flounder, Paralichthys dentatus, bluefish, Pomatomus saltatrix, Atlantic croaker, Micropogan undulatus, porgy, Stenotomus chrysops, kingfish, Menticirrhus saxatilis, codfish, Gadus morrhua, seabass, Centroprists striata, and Atlantic mackerel, Scomber scombrus.
(c) It shall also be the policy of the State to manage tidal water finfisheries in accordance with management objectives that maintain optimum yields of fish, that provide a viable experience for recreational fishermen and that provide sound business opportunities for commercial fishermen and for those providing services to fishermen. Management shall be accomplished in cooperation with the federal government, the governments of other states and local fishing interests. Management shall be biologically and socioeconomically sound.
(d) In recognition of these fishes as migratory species which routinely spend some part of their life in the territorial seas and interior waters of different coastal states and the fishery conservation zone (3-200 nautical miles), interstate fishery management plans for each species or group of closely related species may be developed by the Department in cooperation with other interested Atlantic coast states and the appropriate federal agencies in the U.S. Department of the Interior and the U.S. Department of Commerce. The development of each interstate fishery management plan shall include an appropriate Delaware Citizens Advisory Committee whose membership shall consist of individuals who are residents of this State and shall represent the commercial and recreational interest for that fishery. Both the Citizens Advisory Committees and the Department shall abide by the following management principles in the development of an interstate fishery management plan:
(1) Fisheries management shall prevent overfishing while achieving on a continuing basis the optimum yield from each fishery;
(2) Fisheries management shall be based upon the best available scientific and socioeconomic information;
(3) Fisheries management shall, to the extent practical, manage individual stocks of fish as a unit in cooperation with other states and federal authorities throughout the range of fish;
(4) Fisheries management shall, to the extent practical, allocate or assign fishing privileges among fishermen to conform to historic fisheries landing statistics and be reasonably calculated to promote conservation;
(5) If it becomes necessary to allocate or assign fishing privileges among the citizens of this State, such allocation shall, to the extent practical, promote efficiency in the utilization of fishery resources, except that no such measure shall have economic allocation as the sole purpose; and
(6) Fisheries management, to the extent practical, shall minimize costs and avoid unnecessary duplications.
64 Del. Laws, c. 251, § 1; 70 Del. Laws, c. 186, § 1.;
§ 902. Application of chapter.
This chapter and any regulations promulgated pursuant to this chapter shall apply to fishing for, and the taking of, finfish, in the tidal waters of the State, except for eels, which is provided for under Chapter 18 of this title. This chapter and any regulations promulgated pursuant to 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 3.
Code 1915, § 2500; 28 Del. Laws, c. 203; Code 1935, § 2982; 7 Del. C. 1953, § 901; 64 Del. Laws, c. 251, § 1; 69 Del. Laws, c. 103, § 8.;
§ 903. Department of Natural Resources and Environmental Control; authority; permits; regulations.
(a) The Department shall administer and enforce the laws and regulations of the State relating to finfishing in the tidal waters of the State.
(b) The Department shall have the authority to cooperate and assist departments, agencies and offices of the State and other states, local governments and the federal government in the management and conservation of finfishery resources.
(c) The Department may issue permits to scientific and/or educational institutions, or employees thereof, allowing said party(ies) to be at a specific location, at a specific time, and to use equipment to fish for, or use methods to take finfish, where said equipment, method, location or time would otherwise be illegal under this chapter or any regulation promulgated pursuant to this chapter.
(d) [Repealed.]
(e) The Department in accordance with the procedures set forth in § 905 of this title shall have the authority to promulgate regulations, which shall have the force and effect of law, to enhance the conservation and management of coastal finfisheries, including the biological and socioeconomic aspects of coastal finfisheries. Any regulation pertaining to fishing for food fish shall require a statement addressing whether or not said regulation will have a significant impact upon the conservation of the fishery in question. Except where otherwise provided in this section, such regulations shall be consistent with this chapter, and may only include, and encompass, the following areas:
(1)a. Add legal fishing equipment or methods to fish for bait fish in addition to the provisions of § 908 of this title.
b. Closed and/or open areas to fish for bait fish according to the provisions of § 909 of this title.
c. Add legal fishing equipment or methods to fish for food fish in addition to § 910 of this title.
d. Restrict fishing within areas designated as striped bass spawning areas according to § 930 of this title; provided that any restriction on fishing is consistent with fishing restrictions imposed by other states adjoining designated striped bass spawning areas located in Delaware.
e. Closed or open areas within Rehoboth Bay and its tributaries, Indian River and Indian River Bay and their tributaries, Little Assawoman Bay and its tributaries, Big Assawoman Bay and its tributaries, Nanticoke River and its tributaries and all tributaries entering the Delaware River and Delaware Bay to fishing with gill nets for food fish.
f. Restrict the mesh size of recreational drift gill nets that may be fished for American shad in the Delaware River.
g. Regulate and/or restrict the type of fishing gear or methods which may be used within the geographical boundaries of permitted artificial reef sites within the Delaware Bay and within Delaware's territorial sea (defined as 0 to 3 miles seaward of Delaware's ocean coastline).
(2)a. The Department may promulgate such other regulations concerning a species of finfish that spend part or all of their life cycle within the tidal waters of the State; provided that such regulations are consistent with an interstate fisheries management plan developed for the protection and conservation of said species of finfish. Such regulations may include and encompass the following:
1. Minimum and/or maximum size limits of a species according to § 929 of this title;
2. Restrictions on the quantities of a species that may be taken;
3. Restrictions on the periods of time that a species may be taken;
4. Restrictions on the areas from which a species may be taken; and
5. Restrictions on the mesh sizes of nets from which a species may be taken.
b. In lieu of an interstate fishery management plan for any species of finfish, the Department, in conjunction with the State of New Jersey's Department of Environmental Protection, may develop a fishery management plan for said species and promulgate interim regulations concerning said species of finfish within the Delaware River and Delaware Bay; provided that the State of New Jersey's Department of Environmental Protection adopts substantially similar interim regulations. Said interim regulations, in Delaware, shall become effective on the date substantially similar regulations become effective in the State of New Jersey.
These interim regulations may include and encompass the following:
1. Minimum and/or maximum size limits of a species that may be taken and possessed;
2. Restrictions on the quantities of a species that may be taken;
3. Restrictions on the periods of time that a species may be taken;
4. Restrictions on the areas from which a species may be taken; and
5. Restrictions on the mesh sizes of nets from which a species may be taken.
Upon the acceptance by the Department of an interstate fishery management plan for a species of finfish, all interim regulations pertaining to the management of said species shall become void upon the effective date of new regulations promulgated by the Department according to subparagraph a. of this paragraph.
c. Any regulation adopted pursuant to subparagraphs a. and b. of this paragraph shall be consistent with the management principles for development of interstate fishery management plans as set forth under § 901 of this title.
(3) The Department may promulgate such other regulations concerning any species of finfish, including marine mammals, that spend part or all of their life cycle within the tidal waters of the State; provided, that such regulations are consistent with management plans approved by the U.S. Secretary of Commerce for the protection and conservation of said finfish or marine mammal.
(f) The Department shall have the authority to issue permits or carry out any other administrative procedure provided for under this chapter, including but not limited to, permits, licenses and applications.
(g) The passage and approval of this subsection shall repeal those provisions contained in § 929 of this title that conflict with any Department regulation only if and when the Department promulgates any regulation contrary to said section of this chapter.
(h) The Department shall have the authority to adopt emergency regulations without following the procedures set forth in § 905 of this title when such regulations are necessary to deal with an actual or imminent public health threat or danger to a fishing resource or habitat involving finfish subject to this chapter. Emergency regulations may be adopted by the Department for a period not to exceed 90 days, and may be renewed for sufficient cause for an additional 90-day period. As soon as practicable after adoption of emergency regulations hereunder, the Department shall conduct a public hearing on the matter to obtain and consider all relevant information present to determine if continuation of the emergency regulations is justified.
(i) The Department is authorized to collect pertinent data with respect to fisheries, including, but not limited to, information regarding the type and quantity of fish or weight thereof, areas in which fishing was conducted and time of fishing. The information collected by or reported to the Department shall be confidential and shall not be disclosed in a manner or form that permits identification of any person or vessel, except when required by court order.
(j) The Department shall have the authority to issue a permit to a person for the artificial propagation, aquaculture and possession of finfish which otherwise would be illegal in this State provided that all finfish removed from the tidal waters under the jurisdiction of this State for obtaining eggs or sperm are to be released immediately or disposed of in a manner specified in the permit.
64 Del. Laws, c. 251, § 1; 64 Del. Laws, c. 279, § 1; 65 Del. Laws, c. 192, § 1; 65 Del. Laws, c. 408, § 1; 68 Del. Laws, c. 199, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 72, § 1; 76 Del. Laws, c. 71, § 13; 77 Del. Laws, c. 239, § 1.;
§ 904. Advisory Council on Tidal Finfisheries; establishment; organization; authority.
There is hereby created an Advisory Council on Tidal Finfisheries. The Council shall consist of 7 members, all of whom shall be residents of the State. The Governor shall nominate and the majority of the Senate shall confirm all members of the Council. The following provisions are applicable to the Council:
(1) There shall be at all times no less than 2 members of the Council from each county of the State;
(2) Three members of the Council shall represent recreational finfishing interests to include, but not limited to, the bait and tackle industry, fishing from shore, fishing from a privately owned vessel or the charter or head boat industry; provided that any said member representing recreational fishing interests shall not be a licensed commercial food fisherman. Three members of the Council shall represent commercial finfishing interests to include, but not limited to, the wholesale of seafood, fishing with fixed fishing equipment and fishing with drifting or hauling fishing equipment. The seventh member of Council shall be the designated Chairperson who shall be impartial to recreational or commercial fishing;
(3) No member of the Council shall be employed by the Department;
(4) The terms of the original members of the Council shall be as follows: the Chairperson shall serve for 2 years; 2 members shall serve for 3 years; and 2 members shall serve for 4 years; and 2 members shall serve for 5 years. Upon the expiration of the terms of the original members, the term of each member and the Chairperson serving thereafter shall be for 5 years. No member shall serve any subsequent term(s) within 1 year after the end of the member's previous term. The Governor shall nominate a new member to fill any vacancy that has been created by a Council member who has either resigned or died. Said person shall be confirmed by the majority of the Senate and shall serve for the remainder of the term of the member that either resigned or died. Said nominations to fill vacancies in the Council shall be made by the Governor within 60 days after said vacancy has been created;
(5) The number of members needed to be present at a Council meeting in order to have a quorum and conduct official business shall be no less than 4;
(6) The Council shall meet and conduct official business after the Chairperson gives notice to all members of any meeting to be held by the Council, and the Council shall meet no less than once during each quarter of the State's fiscal year;
(7) Members of the Council shall serve without compensation. Each member shall be entitled to reimbursement by the Department from the Finfisheries Development Fund for actual and necessary expenses incurred traveling to and from meetings of the Council;
(8) The Council shall submit a report to the Delaware General Assembly prior to January 1 of each calendar year starting in 1985, and said report shall consist of the Council's recommended revisions, additions, deletions or no changes to this chapter.
64 Del. Laws, c. 251, § 1; 70 Del. Laws, c. 186, § 1.;
§ 905. Procedures for promulgation of regulations; public hearing notice; submission to Council; approval.
(a) Except as otherwise provided in this chapter, the Department shall conduct a public hearing on any relevant issue involved with the proposal of any regulation relating directly to finfishing in tidal waters of this State by the Department.
(b) Before any public hearing is held by the Department pursuant to subsection (a) of this section, the Department shall complete the following procedure: (1) Publish notice of the public hearing in a newspaper of general circulation in the State no less than 20 days in advance of the public hearing; and (2) said published notice shall include a brief description of the proposed regulation, the time and location of the public hearing, and also the manner in which the public may respond to the Department on the proposed regulation.
(c) The Department shall attempt to notify each person who has been issued a commercial food fishing license or a food fishing equipment permit by the Department, and also any other interested person, of any public hearing on any proposed regulation at least 20 days in advance of any public meeting, but only if said parties have written to the Department requesting that such notice be sent to them at a specific address, and also provided that the Department has received the person's request within 1 year of the date of the public hearing scheduled on the proposed regulation.
(d) Except as otherwise provided in this chapter, after the Department has held a public hearing on any proposed regulation, the Department shall then submit said regulation and any summary of said public hearing that may have been prepared by the Department to the Council Chairperson. The Council Chairperson shall then submit the proposed regulation to the Council for its consideration and subsequent advice to the Department.
(e) Except as otherwise provided in this chapter, all final and effective regulations of the Department relating to finfisheries in the tidal waters of the State shall be filed with the Secretary of State, and shall become effective on the day of the filing thereof.
64 Del. Laws, c. 251, § 1.;
§ 906. Definitions.
Unless otherwise provided in this chapter:
(1) "Anchor gill net" shall mean a gill net held in place by anchors on the bottom.
(2) "Bag net or channel net" shall mean a bag-shaped net placed in flowing water that is fastened to poles or anchors so as to strain out finfish.
(3) "Bait fish" shall mean the following species of finfish: Minnows or shiners (Cyprinidae (family)); killifish (Fundulus spp.); anchovy (Anchova spp.); sand lance (Ammodytes spp.); mullet (Mugilidae (family)); and other species of food fish measuring less than or equal to 7 inches in length, unless otherwise protected by statute or regulation.
(4) "Bait seine or drag net" shall mean a type of net with mesh webbing not exceeding 100 yards in length with a top line having floats to keep it at the surface and a weighted bottom line. Each end may be attached to poles which 2 or more persons may use to pull the seine through shallow water.
(5) "Bar net" shall mean a single wall of gill netting with ropes or rigid bars attached at right angles between the float and lead lines so that the webbing hangs slack.
(6) "Beam trawl" shall mean a bag, cone or funnel-shaped net without wings that is dragged or towed on the bottom by a vessel or motor power. The mouth of the net is held open by a rigid beam of wood or metal.
(7) "Cast net" shall mean a circular cone-shaped net thrown by hand that has an outer line with attached weights. Once thrown, the weighted line sinks rapidly to the bottom and the weighted line is drawn together by ropes which are attached to a recovery line, closing the net.
(8) "Commercial finfisherman" shall mean any person who takes, catches, kills or reduces to possession any species of finfish taken from the tidal waters of this State by said person and sells, trades, barters or attempts to trade, barter or sell said finfish.
(9) "Common haul seine" shall mean an encircling type of net that is 100 yards or more in length and consisting of 2 wings and a bunt or bag. The top line has floats to keep it at the surface while the bottom line or foot line is weighted. The bunt or bag is flanked by wings to which are attached auxiliary lines. It may be set by a vessel and hauled to shore by hand or power winch.
(10) "Council" shall mean the Advisory Council on Tidal Finfisheries.
(11) "Danish seine" shall mean a trawl net that is rigged for a type of fishing that involves herding finfish with ropes prior to netting. The ropes and trawl net are played out by a vessel. The 2 ropes and trawl net are retrieved by the vessel while anchored with motorized winches. The ropes while being retrieved herd the finfish into the mouth of the trawl net.
(12) "Delaware Bay" shall mean all those tidal waters under the jurisdiction of the State located within an area bordered on the north by a straight line drawn between Liston Point, Delaware and Hope Creek, New Jersey and bordered on the south by a straight line drawn between Cape May Point, New Jersey and Cape Henlopen Point, Delaware, but not including any tributaries thereto.
(13) "Delaware's internal waters" shall mean all of those tidal waters under the jurisdiction of the State, except the Atlantic Ocean, as separated from the Delaware Bay by a straight line drawn between Cape May Point, New Jersey and Cape Henlopen Point, Delaware.
(14) "Delaware River" shall mean all those tidal waters under the jurisdiction of the State located within an area to the north of a straight line connecting Liston Point, Delaware and Hope Creek, New Jersey, but not including any tributaries thereto.
(15) "Delaware's territorial sea" shall mean all of those tidal waters in the Atlantic Ocean separated from Delaware Bay under the jurisdiction of the State, the outer boundary of which is a line 3 nautical miles coterminous with the shoreline of the State.
(16) "Department" shall mean the Department of Natural Resources and Environmental Control.
(17) "Dip net" shall mean a mesh bag of netting or wire which is suspended from a circular, oval or a rectangular frame attached to a handle.
(18) "Director" shall mean the Director of the Division.
(19) "Division" means the Division of Fish and Wildlife of the Department.
(20) "Dredge" shall mean any device used to gather, scrape, scoop, fish for or otherwise take bottom dwelling finfish.
(21) "Drift gill net" shall mean a gill net that is free-floating and fished at the surface or at intermediate depths.
(22) "Finfish" shall mean any aquatic vertebrate which has fins.
(23) "Fisheries conservation zone" shall mean that portion of the Atlantic Ocean contiguous to coastal states' territorial seas with an inner boundary as a line coterminous with the seaward boundary of Atlantic coastal states' territorial seas and an outer boundary as a line drawn in such a manner that each point unit is 200 nautical miles from the baseline from which coastal states' territorial seas are measured.
(24) "Fishing," "fished" or "to fish" shall mean to take, catch, kill or reduce to possession or to attempt to take, catch, kill or reduce to possession any finfish by any means whatsoever.
(25) "Fishing equipment" shall mean any dredge, tool, net, line, instrument, device, gear, harpoon, spear, hook or hook and line used or attempted to be used to fish for finfish.
(26) "Fish pot" or "fish trap" or "minnow trap" shall mean a rigid device of various designs and dimensions used to trap finfish with the catching principle based on 1 or more conical funnels to prevent finfish from escaping after they enter the pot or trap. A fish pot or fish trap may be circular, rectangular, cylindrical, cubical or of any other shape. It may be constructed with wire mesh, fish netting over a ridged frame of wood, steel, any other material or any combination of materials. A minnow trap shall have a conical funnel opening of no more than 2 inches.
(27) "Fixed gill net" shall mean any gill net that is not a drifting gill net.
(28) "Food fish" shall mean all species of finfish not specified as bait fish or game fish in this chapter except for eels which are governed by Chapter 18 of this title.
(29) "Fyke net" shall mean a hoop net with 1 or more wings or a leader attached and held in place with anchors or stakes to help guide finfish into the hoop net.
(30) "Game fish" shall mean the following species of finfish: smallmouth bass (Micropterus dolomieu); largemouth bass (Micropterus salmoides); black crappie (Pomoxis nigromaculatus); white crappie (Pomoxis annularis); rock bass (Ambloplites rupestris); white bass (Morone chrysops); walleye (Stizostedion vitreum); northern pike (Esox lucius); chain pickerel (Esox niger); muskellunge (Esox masquinongy); muskellunge hybrid (Esox masquinongy x lucius); salmon and trout (Salmonidae (family)); sunfishes (Lepomis spp.); white bass-striped bass hybrid (Morone saxatilis x crysops).
(31) "Gill net" shall mean an upright net or fence of fiber or monofilament netting with a float line also known as a cork line, on top, and a weighted line, also known as a lead line, on the bottom in which finfish are caught in the meshes of the net. Finfish, of a size for which the net is designed, swim into the net and can pass only part way through a single mesh. The finfish becomes "gilled" and can neither go forward through the net nor backward out of the net. Gill nets may be suspended at the surface, in mid-water or close to the bottom by controlling the number of floats on the float line and the size and number of weights on the weighted line. The net may be operated in either a stationary or movable manner.
(32) "Harpoon" shall mean an instrument with pointed barbed blade(s) that is detachable from the pole, shaft or handle of the instrument. It may be thrown by hand or discharged from a gun or a mechanical device.
(33) "Hook" shall mean a curved piece of wire, or other material, with or without a barbed end that is used to fish for finfish. A hook may consist of 1 hook, or 2 or 3 hooks that have been united together, and these may be known as a single, double or treble hook, respectively.
(34) "Hook and line" shall mean a single fishing line with 1 or more hooks held by, or attended by, or under the immediate control of, 1 or more persons. The hook and line may be attached to a pole, reel, float or stake or may be held by a person.
(35) "Hoop net" shall mean a conical or cylindrical net distended by a series of hoops or frames covered by web netting or wire mesh and may have 1 or more internal funnel-shaped throats that have tapered ends that are directed away from the mouth of the net.
(36) "Individual" shall mean a human being.
(37) "Interstate fisheries management plan" shall mean a document prepared in cooperation with at least 2 other Atlantic coastal states that ascertains factual circumstances, establishes objectives and proposes management measures that will achieve the objective for single species of finfish or a group of closely related finfishes.
(38) "Lampara net" shall mean an encompassing type of net that has a large central bunt and relatively short wings. The wings have a larger mesh than the bunt. This net is set from a moving vessel so as to surround a school of finfish, and then the 2 wings are pulled simultaneously. There is no pursing devices other than the closing of the lines as the net is drawn through the water by the vessel.
(39) "Lift net" shall mean a shallow bag of netting or wire which is attached to a frame that may have a round, rectangular or other shape, and is suspended by a line or bridle. It is lowered beneath the surface and raised rapidly to the surface.
(40) "Long haul seine" shall mean a type of haul seine that may be over 1,000 yards in length and is towed by 2 motorized vessels. It may be towed and/or hauled to a shoal area where the finfish catch is concentrated in the net and brailed from the bunt or bag.
(41) "Longline" shall mean a fishing line with a series of hooks on separate but attached short lines. It can be anchored or drifted. It may also be known as a trotline or setline.
(42) "Long seine" shall mean a modification of the common haul seine with 1 end of the net fastened to an anchor, stake or another vessel while the other end is pulled by a vessel. The pulled end is swept in a circle so that it will pass by the fastened end.
(43) "Mouth" of a tributary, stream, canal, creek or ditch shall mean any point on a line drawn between the outermost 2 points of land or jetties on each bank of the tributary, stream, canal, creek or ditch.
(44) "Nonresident" shall mean any person who has not continuously resided for 1 year within this State prior to the date in question.
(45) "Otter trawl" shall mean a funnel-shaped net with wings, a throat section and cod or bag end that is dragged or towed on the bottom or off of the bottom by 1 or more vessels. Floats and weights are utilized to keep the mouth of the net open. To spread the net, each wing is fastened to an "otter" board or trawl door. Each door is fitted with chains that can be attached to a towing cable from the trawling vessel. The resistance of the door at different angles forces them to pull in opposite directions and keeps the mouth of the net opened.
(46) "Pair trawl" shall mean any net including a trawl net, gill net or any type of seine net that is rigged for a type of fishing that involves towing the net with 2 or more vessels.
(47) "Parallel net" shall mean a gill net which is set across the mouth of a bay, arc of a beach or other restricted body of water. Finfish are gilled when the tide ebbs or flows.
(48) "Person" shall mean any individual, organization, group, business, partnership, corporation or any other type of entity.
(49) "Pound net" or "trap net" shall mean a type of entrapment gear that consists of an arrangement of netting or wire supported upon stakes or piles and has the head ropes or lines above the water or in a frame that is supported by floats and anchors. A pound net or trap net may consist of an enclosure known as the pound proper, crib or pocket which has a netting floor and section known as a heart, from the entrance of which a straight wall known as the leader or runner extends outward. There may be several combinations of hearts, pounds or pockets. Finfish are voluntarily directed by the leader towards and into the heart and/or pound, and then into the crib or pocket where they are removed periodically by various devices and methods, such as dip nets.
(50) "Power" shall mean any mechanical device operated by an engine, motor or other source of energy other than human muscle.
(51) "Purse seine" or "long net" shall mean an encircling type of net that consists of a long wall of webbing without a prominent bunt or bag. The top edge is floated with a series of floats and the bottom edge is weighted and has a drawstring which is threaded through a series of rings along the bottom of the net below the lead line. A purse seine may be set around a school of finfish by 1 or more vessels. Once the school of finfish has been completely encircled, the bottom of the net is pursed with the drawstring so that the weighted line is bunched or puckered.
(52) "Push net" shall mean a modification of the dip net. It is a shallow wire or netting mesh bag attached to a wooden or metal frame which has a handle. It is pushed over the bottom.
(53) "Recreational finfisherman" shall mean any person who takes, catches, kills or reduces to possession any species of finfish taken from the tidal waters of this State by said person and who does not sell, trade or barter or attempt to sell, trade or barter said finfish.
(54) "Resident" shall mean any person who has continuously resided within this State for 1 year prior to the date in question.
(55) "Run around gill net" or "ring net" shall mean a gill net that is set around a school of finfish by 1 or more vessels. Finfish are gilled while seeking to escape the net.
(56) "Scottish seine" shall mean a trawl net that is rigged for a type of finfishing that involves herding the finfish with ropes prior to netting. It is similar to Danish seining but the vessel is moving when it retrieves the trawl net and is not anchored.
(57) "Secretary" shall mean the Secretary of the Department.
(58) "Semidrift gill net" shall mean a drift gill net that has 1 end attached to a stake or a vessel.
(59) "Spear" shall mean an instrument with 1 or more pointed barbed or barless prongs or blades that are not detachable from the handle or shaft of the instrument. It may be thrown by hand or propelled by a gun or mechanical device.
(60) "Staked gill net" shall mean a gill net held in place by stakes or poles which have been pushed or driven into the bottom.
(61) "Stop seine" or "stop net" shall mean any type of net, generally a haul seine, which is set across the mouth of a bay, arc of a beach or other restricted body of water that may cause finfish to be stranded behind the net when the tide ebbs.
(62) "Tidal water" shall mean those waters where the lunar tide regularly ebbs and flows.
(63) "Trammel net" shall mean a type of fishing gear that has 3 panels of netting which are suspended from a common float line and attached to a single bottom or weighted line. The 2 outside webs or walls of netting are of a larger mesh than the inside webbing. The inside net has a greater depth and hangs loosely between the outer panels of webbing. A finfish swimming from either side of the fishing gear passes through the larger mesh outer panel and strikes the smaller mesh middle panel and the finfish is carried through 1 of the openings of the other larger mesh panel, forming a sack or pocket in which the finfish is entrapped. A trammel net can be used to fish in ways that are similar to gill nets.
(64) "Trawl net" or "seine trawl" shall mean a bag, cone or funnel-shaped net with or without wings towed through the water or dragged over the bottom by 1 or more vessels or by motor power.
(65) "Troll line(s)" shall mean a fishing line(s) with 1 or more hooks at the free end of each line that is drawn or towed with a boat.
(66) "Vessel" shall mean any boat of any length or width.
(67) "Weir" shall mean any fixed type of fishing equipment that consists of fences made of wooden stakes or out of other materials constructed in such a manner so as to intercept or attempt to intercept finfish. The fences form successive enclosures called the heart, pound and pocket into which the finfish are directed by a prolonged fence known as a leader.
(68) "Food fish dealer" shall mean:
a. Any person licensed under § 2902, § 2903, § 2904, § 2905 or § 2908 of Title 30 who receives food fish from a commercial finfisher;
b. Any commercial finfisher who trades, barters and/or sells food fish to any person licensed under § 2906 of Title 30; or
c. Any commercial finfisher who trades, barters and/or sells food fish to any person whose principle place of business is located outside this State.
(69) "Charter boat" shall mean any vessel-for-hire engaged in recreational fishing that is hired on a per trip basis.
(70) "Headboat" shall mean any vessel-for-hire engaged in recreational fishing that is hired on a per person basis.
(71) "Active commercial fisherman" 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 than 0.1% of the landings in a specific commercial fishery identified by gear type during any 1 of the previous 3 calendar years.
28 Del. Laws, c. 203; Code 1935, § 2985; 7 Del. C. 1953, § 904; 61 Del. Laws, c. 256, § 3; 64 Del. Laws, c. 251, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 214, § 1; 72 Del. Laws, c. 362, § 1; 73 Del. Laws, c. 29, § 1.;
§ 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 equipment, or by any method, unless it is provided for in the following subdivisions:
(1) A hook and line may be used, and each hook and line shall have no more than 3 hooks or 3 separate lures with hooks;
(2) At any 1 time the number of hooks and lines any 1 person shall be permitted to use to fish for any game fish in the tidal waters of the State shall be no more than 2.
Code 1915, § 2503; 28 Del. Laws, cc. 203, 204; Code 1935, §§ 2986, 2987; 44 Del. Laws, c. 154, § 1; 7 Del. C. 1953, §§ 905, 906; 57 Del. Laws c. 146, §§ 1, 2; 64 Del. Laws, c. 251, § 1.;
§ 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 State with any fishing equipment or by any method, except a hook and line, a fish pot or a fish trap, including a minnow trap, a dip net, a lift net that is operated without the use of power, a push net, a cast net that is operated without the use of power, a spear, a common haul seine that is operated without the use of power, a gill net being fished in more or less a straight line, and a bait seine or a bag net.
28 Del. Laws, c. 203; Code 1935, § 2988; 7 Del. C. 1953, § 907; 64 Del. Laws, c. 251, § 1; 64 Del. Laws, c. 279, § 2.;
§ 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.
Unless otherwise authorized by this chapter or 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 food fish in the tidal waters of the State with any fishing equipment or by any method, except:
(1) A hook and line;
(2) A troll line;
(3) A dip net;
(4) A lift net operated without the use of power;
(5) A push net;
(6) A cast net operated without the use of power;
(7) A spear or harpoon;
(8) A common haul seine operated without the use of power;
(9) A bait seine;
(10) A bag net;
(11) A hoop net not exceeding 72 inches in diameter;
(12) A fyke net not exceeding 72 inches in diameter and with wings or leaders not exceeding 180 feet in length;
(13) A fish pot or fish trap not exceeding 125 cubic feet and with an escape panel constructed of biodegradable netting and measuring at least 8 inches x 8 inches; and
(14) A gill net being fished in more or less a straight line.
Code 1915, § 2510A; 28 Del. Laws, c. 203; 30 Del. Laws, c. 180, § 1; Code 1935, §§ 2989, 2996; 7 Del. C. 1953, §§ 908, 909; 57 Del. Laws, c. 146, § 3; 61 Del. Laws, c. 256, § 4; 64 Del. Laws, c. 251, § 1.;
§ 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, consultant, organization and/or person enabling them to fish, possess and/or transport finfish into or from the tidal waters of this State by the use of fishing equipment and/or methods, during times, and at certain locations, that would normally be considered illegal according to this chapter or any Department regulations.
(b) Prior to the issuance of a scientific permit the applicant shall provide the Director with all the information that is requested by any application supplied by the Division to said applicant.
(c) Each scientific permit shall expire on the date set forth in the permit, or on the last day of the calendar year during which the permit was issued, whichever date is earliest.
(d) Each applicant that is issued a scientific permit shall file an information report with the Director within 30 days after the expiration date of said permit. The content of said report shall be determined by the Director at the time the scientific permit is issued.
(e) Each applicant that is issued a scientific permit shall comply with the marking requirements that are set forth in § 920 of this title.
(f) Each applicant that is issued a scientific permit shall be assigned an identification number by the Division and this number shall be attached and maintained in a legible manner on the fishing equipment in the same manner that is required of fishermen under § 921 of this title.
(g) Each applicant that is issued a scientific permit shall not be classified a commercial finfisherman for purposes of this chapter, or any Department regulation, provided that the applicant submits all reports to the Director that are required by this chapter and any Department regulation promulgated pursuant to this chapter or any permit condition.
64 Del. Laws, c. 251, § 1; 70 Del. Laws, c. 186, § 1.;
§ 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 person a permit.
(b) No person who catches or takes any species of game fish from or out of the tidal waters of this State shall attempt to sell, trade and/or barter said game fish, unless the Director has authorized such attempted sale, trade or barter by issuing the person a permit.
64 Del. Laws, c. 251, § 1.;
§ 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 license by the Department.
(b) No individual who catches or takes any species of food fish from or out of the tidal waters of this State shall attempt to sell, trade and/or barter said food fish, unless said individual has been issued a valid commercial food fishing license by the Department.
(c) No individual shall purchase, trade for or barter for any food fish, from another individual who catches or takes food fish from or out of the tidal waters of this State unless said other individual who catches or takes food fish from or out of the tidal waters of this State possesses a valid commercial food fishing license.
(d) No individual shall fish with a drifting gill net unless said individual has been issued a valid commercial food fisherman's license and appropriate fishing equipment permits by the Department.
(e) No individual who catches or takes any species of food fish from or out of the tidal waters of this State shall give or transfer said food fish without compensation to another individual for subsequent sale, trade or barter unless the individual giving or transferring said food fish has been issued a valid commercial food fishing license by the Department.
(f) No individual shall sell, trade and/or barter or attempt to sell, trade and/or barter any food fish taken with food fishing equipment for which a food fishing equipment permit has been issued to a recreational finfisher.
(g) Any person who violates subsection (a), (b), (c), (d) or (f) of this section shall be fined not less than $500 for each violation.
(h) Any person who violates subsection (e) of this section shall be fined not less than $25 for each violation. Each food fish purchased, traded or bartered for shall constitute a separate violation.
64 Del. Laws, c. 251, § 1; 65 Del. Laws, c. 193, §§ 1-4; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 579, §§ 1, 2.;
§ 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 who is a resident of this State shall be $150.
(2) The fee for a commercial food fishing license for an individual who is a nonresident of this State shall be $1,500, except that for a resident of the State of New Jersey, who qualifies as a commercial fisherman to obtain a food fishing equipment permit for gill net to fish in only that portion of the Delaware River, east of the center line of the shipping channel, and north of 39 degrees 30/' north latitude the fee shall be $150.
(3) When by or pursuant to the laws or regulations of any other state should said state impose any tax, other fee or restrictions on nonresidents for the privilege of commercial fishing for food fish within its boundaries, which tax, or other fee is in the aggregate greater or restriction is greater to include but not be limited to the nonavailability of a license for nonresidents, the similar or identical taxes, other fees, license requirements and restrictions shall be imposed by the Department upon the residents of that state who seek to apply for a commercial food fishing license from the Department to fish within the boundaries of this State.
(4) A commercial food fishing license shall expire on the last day of the calendar year in which said license is issued by the Department.
(5) The Department shall not issue any commercial food fishing license after December 31 in any calendar year.
(6) All commercial food fishing license holders shall file monthly reports of their catch by effort, species and weight on forms provided by the Department.
64 Del. Laws, c. 251, § 1; 67 Del. Laws, c. 184, § 1; 70 Del. Laws, c. 56, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 496, § 1; 73 Del. Laws, c. 124, § 1.;
§ 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 subsection (b) of this section or sell, trade and/or barter food fish caught or taken with hook and line. Exceptions to the foregoing may be made as authorized by this chapter or by scientific permit issued by the Director. The Department shall not charge a fee for a food fishing equipment permit for hook and line.
(b) The following food fishing equipment permits and fees shall apply to individuals who fish for food fish in the tidal waters under the jurisdiction of this State. Any resident of this State, 65 years of age or older, who is not a commercial foodfishing licensee, is exempt from the foodfishing equipment permit fees but must comply with all other foodfishing equipment permit procedures and requirements. Food fishing equipment permit fees apply to the appropriate amount of equipment being fished in the water of any point in time:
(1) A common haul seine (more than 300 ft.) -- residents $25 per net; nonresidents $250 per net;
(2) A bag-net -- residents $10 per net; nonresidents $100 per net;
(3) A hoop net not exceeding 72 inches in diameter -- residents $10 per net; nonresidents $100 per net;
(4) A fyke net not exceeding 72 inches in diameter and with wings or leaders not exceeding 30 fathoms (180 ft.) in length -- residents $5 per fyke; nonresidents $50 per fyke;
(5) A fish pot or fish trap with a funnel opening of more than 4 inches in diameter and not exceeding 125 cubic feet and with an escape panel constructed of a biodegradable netting measuring at least 8 inches x 8 inches -- residents $1 per pot or trap; nonresidents $10 per pot or trap;
(6) A gill net -- residents $5 per 50 fathoms (300 ft.) or any part thereof; nonresidents $50 per 50 fathoms (300 ft.) or any part thereof;
(7) A gill net -- New Jersey resident -- $5 per 50 fathoms (300 ft.) or any part thereof.
(c) When by or pursuant to the laws or regulations of any other state should said state impose any tax, other fee or restrictions on nonresidents for the privilege of fishing with similar equipment as set forth in subsection (b) of this section within its boundaries, which tax, or other fee, is in the aggregate greater or restriction is greater to include but not be limited to the nonavailability of a permit for nonresidents, the similar or identical taxes, other fees, permit requirements and restrictions shall be imposed by the Department upon the residents of that state who seek to apply for a fishing equipment permit from the Department to fish with equipment as set forth in subsection (b) of this section within the tidal waters of this State.
(d) A food fishing equipment permit shall expire on the last day of the calendar year in which said permit is issued by the Department.
(e) The Department shall not issue any food fishing equipment permits for gill nets to any commercial fisherman unless a commercial fisherman can, on the basis of credible evidence provided to the Department, establish that he or she has previously engaged in commercial gill net fishing involving the sale of their catch during any 4 of the 5 calendar years preceding 1984. Food fishing equipment permits for gill nets when issued hereunder shall be renewed on an annual basis, subject to the payment of license and permit fees. No food fishing equipment permits for gill nets shall be issued to new commercial fishermen after calendar year 1984 unless the total number of existing food fishing equipment permits for gill nets issued to commercial fishermen is less than 111, the number issued in 1999. The Department shall issue additional food fishing equipment permits for gill nets to individuals who have completed a commercial fishing apprenticeship program of at least 150 days in no less than a 2-year period with an active commercial fisherman licensed by the Department, not to exceed a total of 111 in number, under and pursuant to a lottery conducted by the Department. Food fishing equipment permits for gill nets may be transferred to a spouse or a child of the permit holder or to an individual who has completed the apprenticeship program of at least 150 days in no less than a 2-year period with an active commercial fisherman licensed by the Department.
(f) Any person who fishes in the tidal waters of this State and uses at any time more than 200 feet of any fixed net or more than 2 fish pots exceeding the dimensions prescribed by subsection (b)(5) of this section shall be presumed to be a commercial fisherman for purposes of this chapter and any regulations promulgated by the Department.
(g) Notwithstanding subsection (e) of this section, the Department may issue a food fishing equipment permit for a gill net to a resident commercial fisherman who provides credible evidence to the Department that he or she has:
(1) Served full-time in the armed forces of the United States outside the geographic boundaries of this State during any of the 5 years preceding 1984 or during the 30-day period in 1984 (April 27-May 27) when gill nets permits were available to commercial fishermen, provided that in the 5-year period preceding 1984 the resident commercial fisherman met the qualifications for such a permit in the years he or she was not in the armed forces;
(2) Maintained his or her Delaware domicile while serving full time in the armed forces of the United States; and
(3) Prior to serving in the armed forces of the United States was engaged in commercial gill net fishing in the tidal waters under the jurisdiction of this State that involved the sale of his or her catch.
(h) Notwithstanding subsection (e) of this section, the Department is authorized between January 1, 1990 and April 1, 1990 to issue up to 7 food fishing equipment permits for gill nets to residents of the State of New Jersey to fish no more than 600 ft. of gill net in only that portion of the Delaware River east of the center line of the shipping channel and north of 39 degrees 30/' north latitude and who provides credible evidence to the Department that he or she has previously engaged in commercial gill net fishing involving the sale of his or her catch during any 4 of the 5 calendar years preceding 1984.
(i)(1) It shall be lawful for any person who has appropriate food fishing equipment permits for gill nets and a recreational drift gill net permit issued by the Department to fish any drifting gill net, subject to the provisions of this subsection.
(2) It shall be unlawful for any recreational finfisher who has been issued a recreational drift gill net permit by the Department to fish a drift gill net in any waters of the State except in a section of the Delaware River, not including any tributaries thereto, located to the south of a line beginning at the tip of the southernmost jetty at the mouth of the C & D Canal and extending due east and to the north of a line beginning at Liston Point and continuing due east during a period of time beginning at 12:01 a.m. on March 15 and ending at 12:00 p.m. on May 10 next ensuing each year.
(3) It shall be lawful for any recreational finfisher who has been issued a recreational drift gill net permit for gill nets and appropriate food fishing equipment permit for gill nets by the Department to fish a single drift net provided it does not exceed 300 feet in length.
(4) An application for a recreational drift gill net permit may be submitted annually to the Department on a form supplied by the Department. Each application shall provide credible evidence that the person applying for the recreational drift gill net permit fished a drift gill net prior to 1984 in the Delaware River for American shad. Applications shall be submitted to the Department prior to 4:30 p.m. on the last Friday in February. The Department shall hold a public drawing of the applicants no later than 4:30 p.m. on the 1st Friday in March. The 1st 10 applications drawn will be issued a recreational drift net permit to be valid until midnight on May 10 next ensuing. If any of the 10 selected applicants fail to obtain his/her recreational drift gill net permit from the Department by 4:30 p.m. on the 2nd Friday in March, applicants drawn in numerical order after the 1st 10 shall be authorized to be issued a recreational drift gill net permit.
(j) The Department shall only issue food fishing equipment permits for hook and line to persons who make application for such permits in calendar year 1996, and who, prior to April 2, 1995, had been issued a commercial food fishing license. Food fishing equipment permits for hook and line shall be renewed annually thereafter, subject to the payment of license fees, and if not so renewed, such permits shall not thereafter be eligible for renewal. To qualify for the annual renewal, the permit holder shall have filed monthly reports as required by § 914(6) of this title for the previous year that indicate at least 100 pounds of food fish were caught during a particular month and sold, traded and/or bartered to or by a person with a valid wholesaler, retailer or restaurant license issued in accordance with Chapter 29 of Title 30. Copies of receipts that are dated and signed by the permit holder and the person with the valid wholesaler, retailer or restaurant license shall be attached to the monthly report as certification of the sale, trade and/or bartering of the 100 pounds of food fish caught by the permit holder.
(k) Notwithstanding subsection (j) of this section, when the total number of food fishing equipment permits for hook and line drops below 172, the number issued in 1999, the Department shall issue additional food fishing equipment permits for hook and line to individuals who have completed an apprenticeship program of at least 150 days in no less than a 2-year period with an active commercial fisherman licensed by the Department, not to exceed a total of 172 in number, under and pursuant to a lottery conducted by the Department. A food fishing equipment permit for hook and line may be transferred to another individual who has completed an apprenticeship program of at least 150 days in no less than a 2-year period with an active commercial fisherman licensed by the Department.
(l) It shall be unlawful for food fishing equipment other than hook and line and dip nets to be on board a vessel when a person is commercially fishing with hook and line from said vessel.
(m) A food fishing equipment permit for hook and line shall be deemed invalid when the holder thereof is on board a vessel with more than 1 other person who does not possess a food fishing equipment permit for hook and line.
(n) An individual at least 16 years of age may enter into an agreement with an active commercial fisherman licensed by the Department to serve as a commercial fishing apprentice to said commercial fisherman. This agreement shall be in writing on a form provided by the Department and filed with the Department. An apprentice shall not enter into an agreement with more than 1 active commercial fisherman at any one time and an active commercial fisherman shall not enter into an agreement with more than 1 apprentice at any one time. In the event an agreement is cancelled by either party, the Department shall credit an apprentice with time served and said time shall be retained if the apprentice signs an agreement with another active commercial fisherman. A commercial fishing apprentice must complete no less than 150 days of commercial fishing activities over no less than a 2-year period. Eight hours of commercial fishing activities shall equal 1 day. Commercial fishing activities shall include fishing, operating a vessel, maintaining fishing equipment or a vessel, handling and/or transporting fish for sale, or other activities directly associated with a commercial fishery. Fishing activities shall be documented on a daily log provided by the Department. Logs shall be submitted to the Department on a monthly basis on or before the 10th of the following month. An apprentice who completes no less than 150 days of commercial fishing activities over no less than a 2-year period shall be eligible for the following:
1) Commercial food fishing equipment permit for gill nets transferred by another active commercial fisherman;
2) Authorization to commercially fish with a hook and line transferred by another active commercial fisherman;
3) Participation in lotteries conducted by the Department for commercial food fishing equipment permits for gill nets or authorization to commercially fish with a hook and line; and
4) Commercial crab dredge license, commercial conch pot license and commercial conch dredge license according to the provisions of § 1920 of this title.
If, during the previous calendar year, fewer commercial gill net permits or commercial hook and line permits are issued than in 1999, the Department shall conduct a lottery for the number of said permits different from the number issued in 1999. Only those individuals who have completed their commercial fishing apprenticeship are eligible for these lotteries. In 1999, the Department issued 111 commercial gill net permits and 172 commercial hook and line permits.
28 Del. Laws, c. 203; Code 1935, § 2989; 7 Del. C. 1953, § 908; 57 Del. Laws, c. 146, § 3; 61 Del. Laws, c. 256, § 4; 64 Del. Laws, c. 251, § 1; 65 Del. Laws, c. 67, § 1; 65 Del. Laws, c. 193, § 5; 65 Del. Laws, c. 495, § 1; 65 Del. Laws, c. 496, § 1; 67 Del. Laws, c. 184, §§ 2, 3; 68 Del. Laws, c. 199, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 496, §§ 2, 3; 73 Del. Laws, c. 29, §§ 2-4; 73 Del. Laws, c. 124, § 2.;
§ 916. Finfishe