CHAPTER 251

FORMERLY

SENATE BILL NO. 362

AS AMENDED BY SENATE AMENDMENT NOS. 2, 4, AND 5

AN ACT TO AMEND AN ACT TO AMEND CHAPTER 9 AND CHAPTER 11, TITLE 7, DELAWARE CODE, RELATING TO FINFISHING IN TIDAL AND NON-TIDAL WATERS OF THE STATE FOR ALL FINFISH EXCEPT MENHADEN.

WHEREAS, most fishes in tidal water are migratory and spend part of their life cycle in estuaries, bays and the ocean; and

WHEREAS, In order for Delaware's fisheries management to be meaningful and to conserve migratory species, Delaware's management objectives should be complementary with other Coastal States which have jurisdiction seaward to 3-nautical miles and the federal government which has jurisdiction from 3 to 200 nautical miles seaward; and

WHEREAS, the federal government adopted the Magnusun Fishery Conservation Act of 1976 that created a 3 to 200 nautical mile Fishery Conservation Zone off the coasts of the United States and established seven national standards for fishery conservation and management which are as follows:

1. Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery.

2. Conservation and management measures shall be based upon the best scientific information available.

3. To the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and inter-related stocks of fish shall be managed as a unit or in close coordination.

4. Conservation and management measures shall not discriminate between residents of different states. If it becomes necessary to allocate or assign fishing privileges among various United States fishermen, such allocation shall be (A) fair and equitable to all such fishermen; (B) reasonably calculated to promote conservation; and (C) carried out in such manner that no particuar individual, corporation, or other entity acquires an excessive share of such privileges.

5. Conservation and management measures shall, where practicable, promote efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose.

6. Conservation and management measures shall take into account and allow for variations among. and contingencies in, fisheries, fishery resources, and catches.

7. Conservation and management measures shall. where practicable, minimize costs and avoid unnecessary duplication; and

WHEREAS, for each species, stock fluctuations are inevitable and result in population cycles; and

WHEREAS, both recreational and commercial fishing efforts may increase and/or decrease according to the seasonal availability and demand for certain species; and

WHEREAS, there is concern in Delaware about the significant and rapid expansion of commercial fishing efforts and landings of species of vital interest to Delaware by other coastal states; and

WHEREAS, the significance of commercial fisheries in Delaware is important as a supplier of fresh fish to the public; and

WHEREAS, the significance of recreational fisheries in Delaware contributes greatly to the State's economy; and

WHEREAS, in 1982 the economic impact of recreational finfishing to the State of Delaware was an estimated 12.9 million dollars and the economic impact of commercial finfishing to the State of Delaware was an estimated 3.3 million dollars; and

WHEREAS, both recreational and commercial fishing may have to be regulated to conserve a species; and it shall be the goal of the State of Delaware to prevent overfishing and depletion of fishery resources so as to provide optimum yields on a continuing basis for recreational and commercial fishery interests.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 9, Title 7, Delaware Code, by striking said Chapter in its entirety except §919 and substitute in its place a new Chapter 9 to read as follows;

"CHAPTER 9. FINFISHING IN TIDAL WATERS

§901. Purpose of Chapter

The purpose of this Chapter is to effectuate the State of Delaware'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 socio-economically sound.

It shall be the policy of the State of Delaware 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 regal's, the Striped Bass Morone saxatilis, the Summer Flounder, Paralichthys dentatus, the Bluefish, Pomatomus saltatrix, the Atlantic Croaker, Micropogonia undulatus, Porgy, Stenotomus chrysops; Kingfish Menticirrhus saxatilis• Codfish, Gadus morhua; Seabass Centropristis striate and Atlantic Mackerel Scomber scombrus.

It shall also be the policy of the State of Delaware 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 fisherman 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 socio-economically sound.

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 Citizen 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 socio- economic 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;

(6) Fisheries management, to the extent practical, shall minimize costs and avoid unnecessary duplications.

§902. Application of this Chapter

The provisions of this Chapter and any regulations promulgated pursuant to the provisions of 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 7 Del. C. Chapter 18.

§903. Department of Nautral Resources and Environmental Control; Authority

(a) The Department shall administer and enforce the laws and regulations of the State relating to finishing in the tidal waters of the State.

(a) 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 finfisheries resources.

(a) 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 finish, where said equipment, method, location or time would otherwise be illegal under the provisions of this Chapter or any regulation promulgated pursuant to this Chapter.

(a) The Department shall not have the authority to license any recreational finfisherman for the purpose of fishing in the tidal waters of this State.

(a) The Department in accordance with the procedures sat forth in Del. C. §905 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 socio-economic 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 the provisions of 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 7 Del. C. §908.

(b) Close and/or open areas to fish for bait fish according to the provisions of 7 Del. C. §909.

(c) Add legal fishing equipment or methods to fish for food fish in addition to the provisions of 7 Del. C. §910.

(d) Restrict fishing within areas designated as striped bass spawning areas according to the provisions of 7 Del. C. §930 and provided any restriction on fishing is consistent with fishing restrictions imposed by other states adjoining designated striped bass spawning areas located in Delaware.

(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 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 the provisions of 7 Del. C. §929.

(1) Restrictions on the quantities of a species that may be taken.

(1) Restrictions on the periods of time that a species may be taken.

(1) Restrictions on the areas from which a species may be taken.

(1) Restrictions on the mesh sizes of nets from which a species may be taken.

(2)(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 the State of New Jersey's Department of Environmental Protection adopts substantivally similar Interim regulations. Said interim regulations, in Delaware, shall become effective on the date substantivally 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;

(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 the provisions of §903(e)(2)(a).

(2)(c) Any regulation adopted pursuant to §903(e)(2)(a) and (b) shall be consistent with the management principles for development of interstate fishery management plans as set forth under §901.

(f) The Department shall have the authority to issue permits or carry out any other administrative procedure provided for under the provisions of 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 7 Del. C. §929 that conflict with any Department regulation only if and when the Department promulgates any regulation contrary to any of the provisions of said section of this Chapter.

(h) The Department shall have the authority to adopt emergency regulations without following the procedures set forth in §905 when such regulations are necessary to deal with an actual or imminent public health treat 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 ninety (90) days, and may be renewed for sufficient cause for an additional ninety (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 provisions of the emergency regulations is justified.

§904. Advisory Council on Tidal Finfisheries; Establishment; Composition; Terms; Authority

There is hereby created an Advisory Council on Tidal Finfisheries. The Council shall consist of seven (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:

(a) There shall be at all times no less than two (2) members of the Council from each county of the State.

(b) Three (3) ,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 interest shall not be a licensed commercial food fisherman. Three (3) members of the Council shall represent commercial finfishing interest 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.

(c) No member of the Council shall be employed by the Department.

(d) The terms of the original members of the Council shall be as follows: the chairperson shall serve for two (2) years; two (2) members shall serve for three (3) years; and two (2) members shall serve for four (4) years; and two (2) members shall serve for five (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 five (5) years. No member shall serve any subsequent term (s) within one year after the end of the member's previous term. The Governor shall nonimate 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 sixty (60) days after said vacancy has been created.

(f) 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.

(g) 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.

(h) 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 7 Del. C. Chapter 9.

§905. Procedures for Promulgation of Regulations; Public Hearing Notice. 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 the provisions of 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 twenty (20) days in advance of the public hearing; (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 foodfishing license or a foodfishing equipment permit by the Department, also any other interested person, of any public hearing on any proposed regulation at least twenty (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 one 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 shaU be filed with the Secretary of State, and shall become effective on the day of the filing thereof.

§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 shinners(Cyprinidae (family)); Killifish (11alas app.); Anchovy (Anchoa sPP.); Sand lance (AmmodWes spp.); Mullet (MugLlidae (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 not shall mean a type of net with mesh webbing not exceeding one hundred (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 two 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 hangsslack.

(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 littlish 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 one hundred (100) yards or more in length and consisting of two 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.

(1) 'Council' shall mean the Advisory Council on Tidal Finflsheries.

(1) '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 two ropes and trawl net are retrieved by the vessel while anchored with motorized winches. The ropes while being retreived herd the finfish into the mouth of the trawl net.

(1) '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.

(2) '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.

(3) '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.

(4) '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 three nautical miles coterminous with the shoreline of the State.

(5) 'Department' shall mean the Department of Natural Resources and Environmental Control of the State of Delaware.

(6) '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.

(7) 'Director' shall mean the Director of the Division.

(8) 'Division' means the Division of Fish and Wildlife of the Department.

(9) 'Dredge' shall mean any device used to gather, scrape, scoop, fish for or otherwise take bottom dwelling finfish.

(10) 'Drift gill net' shall mean a gill net that is free-floating and fished at the surface or at intermediate depths.

(11) 'Finfish' shall mean any aquatic vertebrate which has fins.

(12) '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 sees are measured.

(13) '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.

(14) 'Fishing equipment' shall mean any dredge, tool. net. line, instrument, device, gear, harpoon, spear, or hook, hook and line used or attepted to be used to fish for finfish.

(15) 'Fish pot' or 'fish trap' or 'minnow trap' shall mean a rigid device of various design and dimensions used to trap littlish with the catching principle based on one 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 and 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 two (2) inches.

(27) 'Fixed gill net shall mean any gill net that is not a drifting gill net.

(28) 'Foodfish' shall mean all species of finfish not specified as bait fish or game fish In this Chapter except for eels which are governed by 7 Del. C. Chapter 18.

(29) 'Fyke net shall mean a hoop net with one 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 Wgromaculatus); 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 masqulnongv); muskellunge hybrid (Esox Maseuinongy x lucius); Salmon and trout (Salmonidae (family)); Sunfishes (Lepomis spp.); white bass - striped bass hybrid (Morone saxatilis x crysops).

(32) '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 devise.

(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 one hook, or two or three hooks that have been united together, and these maybe known as a single, double or treble hook respectively.

(34) 'Hook and line' shall mean a single fishing line with one or more hooks held by, or attended by, or under the immediate control of, one or more persons. The hook and line may be attached to a pole, reel, float, 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 one 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 two other Atlantic Coastal States that ascertains factural circumstances, establishes objectives and proposes management measures that will achieve the objective for a 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 two wings are pulled simultaneously. There is no pursing devise 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 one thousand (1,000) yards in length, and is towed by two motorized vessels. it may be towed and/or hauled to a shoal area where the finfish catch is concentrated in the net and bullied from the bunt or bag.

(41) 'Long Line' 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 trot line or set line.

(42) 'Long seine' shall mean a modification of the common haul seine with one 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 outer most two points of lands 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 one 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 one 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 doors at different angles forces them to pull in opposite directions and keep the mouth of the net opened.

(1) '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 two or more vessels.

(1) '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.

(2) 'Person' shall mean any individual, organization, group, business, partnership, corporation or any other type of entity.

(1) '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 consists 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.

(1) 'Power' shall mean any mechanical device operated by an engine, motor or other source of energy other than human muscle.

(1) '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 draw string 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 one or more vessels. Once the school of finfish has been completely encircled, the bottom of the net is pursued with the draw string so that the weighted line is bunched or puckered.

(1) '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.

(1) '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, barter or attempt to sell, trade or barter said finfish.

(1) 'Resident' shall mean any person who has continuously resided within this State for one year prior to the date in question.

(1) 'Run around gill net' or 'ring net' shall mean a gill net that is set around a school of finfish by one or more vessels. Finfish are gilled while seeking to escape the net.

(1) '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.

(1) 'Secretary' shall mean the Secretary of the Department.

(1) 'Semi-drift gill net' shall mean a drift gill net that has one end attached to a stake or a vessel.

(1) 'Spear' shall mean an Instrument with one or more pointed barbed or barbless 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.

(1) '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 three panels of netting which are suspended from a common float line and attached to a single bottom or weighted line. The two 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 one 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 one or more vessels or by motor power.

(65) 'Troll line(s)' shall mean a fishing Ilne(s) with one 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.

§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 subsections:

(a) A hook and line may be used, and each hook and line shall have no more than three hooks or three separate lures with hooks:

(b) At any one time the number of hooks and lines any one person shall be permitted to use to fish for any game fish in the tidal waters of the State shall be no more than two (2).

§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 the effective date hereof, 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) 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 and a bait seine or a bag net.

§909. Fishing for Bait Fish in Tidal Waters

Unless otherwise provided by adoption of Department regulation subsequent to the effective date hereof, it shall be legal to fish for bait fish In all tidal waters of this State.

§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 the effective date herein. 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.

§911. Scientific Permit; Issuance; Expiration; Information; Permittee Report:Compliance with Fishing 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 the provisions of 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 thirty (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 7 Del. C. §920.

(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 7 Del. C. §921.

(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 the applicant submits all reports to the Director that are required by this Chapter, and any Department regulation promulgated pursuant to the provisions of this Chapter or any permit condition.

§912. Sale, Trade and/or Barter of Game Fish Prohibited Unless Authorized

(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.

§913. Sale, Trade and/or Barter of Foodfish Prohibited Except for Commercial Fishermen

(a) No individual who catches or takes any species of foodfish, from or out of the tidal waters of this State shall sell, trade and/or barter said foodfish or use a drifting gill net, unless said individual has been issued a valid commercial foodfishing license by the Department.

(b) No individual who catches or takes any species of foodfish from or out of the tidal waters of this State shall attempt to sell, trade and/or barter said foodfish, unless said individual has been issued a valid commercial foodfishing license by the Department.

(c) No individual shall purchase, trade for or barter for any foodfish, from another individual who catches or takes foodfish from or out of the tidal waters of this State unless said other individual who catches or takes foodfish from or out of the tidal waters of this State possesses a valid commercial foodfishing license.

(d) Any person who violates any provision of subsection (a) or (b) of this section shall be fined not less than $500 for each violation.

(e) Any person who violates any provision of subsection (c) of this section shall be fined not less than $25.00 for each violation.

§914. Commercial Foodf Ishing License Requirements and Fees

A commercial foodfishing license shall be issued to an individual In accordance with the requirements and procedure set forth below in this Section.

(a) The fee for a commercial foodfishing license for an individual who is a resident of this State shall be $150.

(b) The fee for a commercial foodfishing license for an individual who is a nonresident of this

State shall be $1500.

(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 commercial fishing for foodfish 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 nonavallability 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 foodfishing license from the Department to fish within the boundaries of this State;

(d) A commercial foodfishing license shall expire on the last day of the calendar year in which said license is issued by the Department.

(e) The Department shall not issue any commercial foodfishing license after April 1 in any calendar Year.

(f) All commercial foodfishing license holders shall file monthly reports of their catch by effort, species and weight on forms provided by the Department.

§915. Foodfishing Equipment Permit Requirements and Fees and Restrictions

(a) Unless otherwise authorized in this Chapter or any scientific permit issued by the Director, no individual shall fish for foodfish in the tidal waters under the Jurisdiction of the State with the fishing equipment set forth below in this section unless said individual has been issued a valid foodfishing equipment permit by the Department. The fees for said foodfishing equipment permits are set forth below in this section. A commercial foodfishing license, as provided in §913 and §914, also is required for an individual who sells, trades or barters foodfish or uses a drifting gill net.

(b) The following foodfishing equipment permits and fees shall apply to individuals who fish for foodfish in the tidal waters under the Jurisdiction of this State. Foodfishing equipment permit fees apply to the appropriate amount of equipment being fished in the water at 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 $30 per fyke; nonresidents $300 per fyke;

(1) A fish pot or fish trap with a funnel opening of more than four (4) inches in diameter and not exceeding 125 cubic feet and with an escape panel constructed of a biodegradable netting measuring at least eight (8) inches x eight (8) inches - residents $1 per pot or trap; nonresidents $10 per pot or trap;

(2) 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.

(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 (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 (b) of this section within the tidal waters of this State.

(d) A foodfishing 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 foodfishing equipment permit after April 1 of any calendar year to any person except a person who holds a valid commercial foodfishing license.

(f) The Department shall not issue any foodfishing 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 four (4) of the five (5) calendar years preceding 1984. Foodfishing 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 foodfishing equipment permits for gill nets shall be issued to new commercial fishermen after calendar year 1984 unless the total number of existing foodfishing equipment permits for gill nets issued to commercial fishermen is less than thirty (30). In which case the Department may issue additional foodfishing equipment permits for gill nets to commercial fishermen not to exceed a total of thirty (30) in number, under and pursuant to such procedures deemed appropriate by the Department. Foodfishing equipment permits for gill nets shall be transferable only to the spouse or a child of the permit holder.

(g) 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 two fish pots more than 18 inches in diameter shall be presumed to be a commercial fisherman for purposes of the provisions of this Chapter and any regulations promulgated by the Department.

§916. Finfisheries Development Fund

(a) There is hereby established a Finfisheries Development Fund, which shall be funded by the following sources:

(1) Monies received by the Department for commercial foodfishing license fees and foodfishing equipment permits;

(2) Monies received from the payment of fines for committing a violation of the provisions of this chapter or regulations or permit promulgated or issued pursuant to the provisions of this chapter.

(3) Monies received from the sale of the following confiscated or unclaimed items: fishing equipment, or any perishable item that has been taken into possession or custody by the Department and could have been used as evidence.

(b) Finfisheries Development Funds shall be used only for the following purposes:

(1) The development and maintenance of finfishing facilities in the State that are used to aid and assist finfishermen;

(2) Actual and necessary traveling expenses incurred by members of the Council in connection with their attendance at Council meetings; and

(1) Actual and necessary travel, lodging and food expenses incurred by members of the Council or the designee of the Council in connection with attendance at interstate fish management meetings whenever federal funds are not available.

(c) For the purposes of Implementing subsection (b) of this Section, all monies received from the sources set forth in subsection (a) of this Section shall be deposited at least monthly with the State Treasurer. The State Treasurer shall retain said monies in a Special Fund until expended upon proper vouchers of the Department to carry out the purposes of subsection (b) of this Section.

§917. Areas Restricted for Using Certain Fishirug 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, Chesapeake and Delaware Canal and more specifically described as circular areas, each with a one-half nautical mile radius from a point of origin at the midpoint of the mouth of each said tributary.

(b) No person shall fish with any fixed fishing equipment in tidal waters located outside the mouths of tributaries known as the Smyrna River, Leipsic River. Mahon River, Little River. Mispillion River and Roosevelt Inlet and more specifically described as sectors, each with a one-half nautical mile radius from a point of origin at the midpoint of the mouth of each said tributary and between a northern angle of forty-five (45) degrees northeast and a southern angle of forty-five (45) degrees southeast.

(c) No person shall fish with any fixed fishing equipment in tidal water located outside the entrance channel to the Murderkilt River and more specifically described as a sector with a one-half nautical mile radius from a point located at the established day marker approximately one mile east of the mouth of the Murderkill River and between a northern angle of forty-five (45) degrees northeast and a southern angle of forty-five (45) degrees southeast.

(d) No person shall fish with any type of net that obstructs navigation or fish any net that extends more than one- third the distance, measured perpendicular from shore to opposite shore in any river, channel, stream, canal, ditch, or any tributary located in this State.

(e) No person shall fish with any type of net, except a dip net and/or a lift net, each used without power, to fish for river herring (Alosa pseudoharangus and & aestivalis) by a recreational fisherman, within three hundred (300) feet of any constructed dam or spillway on a tidal water river, stream, canal, ditch or tributary located in this State.

(f) No person shall fish with any type of fixed, anchored or staked nets within one hundred and fifty (150) feet of any other person's legally fixed, anchored or staked net..

(g) No person shall fish with any type of net except a bait seine, a cast net, a dipnet, a lift net, a minnow trap or a push net in Delaware's territorial sea within a one (1) nauticle mile radius from a point of origin at the midpoint of the mouth of the Indian River Inlet or in Delaware's Internal waters within a one-half (1/2) nauticle mile radius from a point of origin at the midpoint of the mouth of the Indian River Inlet.

(h) No person shall fish with any type of fishing equipment except a hook and line over another person's leased shellfish grounds as provided in Chapter 19, Title 7, Del. C. unless said person has permission from the lease holder to fish other types of legal fishing equipment.

(i) No person shall fish with any type of net except a bait seine, a cast net, a dip net, a lift net, a minnow trap or push net within one-half (1/2) nauticle mile of the mean high water line of the shore of Delaware's territorial sea or within one-half (1/2) nauticle mile of the mean high water line of the shore of Delaware Bay to the south of a point where State maintained Road 16B terminates in Broadkill Beach during a period beginning on May 1 and extended through November 30 next ensuing.

§918. Prohibition Against Interfering with Fishing Equipment

(a) No person shall without reasonable cause, as in the case of an emergency, intentionally 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 the provisions of this Chapter or any regulation promulgated or permit issued by the Department pursuant to the provisions of this Chapter.

§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 watcrs of this State unless said net, pot or trap is marked in accordance with the following criteria:

(1) In the internal waters of this State all fixed fishing equipment shall be marked on each end with a minimum marking of a red or international orange flag that measures at least 12 inches x 12 inches on a staff four (4) feet, measured from the surface of the water to the bottom of the flags. in addition to the red or international orange flags, there shall be attached to each net between each red or international orange flag white floats visible on the surface of the water at all times that shall measure at least four (4) inches in diameter, and one such white float shall be located at least twenty (20) feet inside of each required red or international orange flag.

(2) In the internal waters of this State, if more than one net is set in a series with shared rigging, said series of nets and associated rigging shall not exceed five hundred (500) yards and shall be required to be marked on each end with the required red or international orange flag and white floats as described in this subsection, paragraph (a)(1).

(3) In the internal waters of this State all drifting fishing nets shall be marked on each end with a minimum marking of either a red or international orange float that measures at least eight (8) Inches in diameter or by a red or international orange flag that measures at least twelve (12) inches by twelve (12) inches on a staff at least three (3) feet. measured from the surface of the water to the bottom of the flag.

(4) In the territorial sea, all nets or series of nets shall be marked in accordance with the provisions of this subsection.

(5) For the purpose of measuring the length of any net, the top line or float line attached to the net shall be the measurement.

(6) No icss than twenty four (24) square inches of reflective tape shall be attached and maintained to each red or international orange float or flag staff that is used to mark said nets in all tidal waters of the State.

(7) All fish pots and/or traps shall be marked with white floats that shall be at least eight

(1) inches in diameter.

(8) The provisions of this subsection shall not apply to minnow traps.

(b) No person shall Intentionally leave any stake, anchor, line, or float, in any tidal water for a period of time longer than fourteen (14) days after said person or other cause has removed fishing equipment from said stake, anchor, line or float.

§921. Fishing Equipment Identification Requirements

(a) No fisherman shall fish with any foodfishing equipment in the tidal waters of this State that is permitted under the provisions of §915 of this Chapter that does not have attached to it a fisherman's foodfishing equipment permit number that is assigned by the Department. The permit number shall be attached to all required end red or international orange flags or floats and shall also be attached to all white markers required for fish pots and/or traps. The permit number attached to the forementioned items shall be maintained so that the permit number is legible and readable at all times during its use. The permit number once attached to the aforementioned items shall be at least two (2) inches high, and block style numerals, and attached in such a manner that it is visible above the surface of the water. Reflective tape may be used to form the license number to be attached to the aforementioned items.

§922. Restrictions on Length of Certain Nets

No person shall fish in Delaware's Internal Waters with any one gill net that exceeds two hundred (200) yards in length, or fish in said waters with more than one gill net in a continuous series when the series of gill nets exceeds five hundred (500) yards in total length, unless each two hundred (200) yard long net is separated from another single gill net by a distance of at least one hundred fifty (150) feet between the required end red or international orange flags or each five hundred (500) yards long series of nets is separated by a distance of at least one hundred fifty (150) feet between the required end red or international orange flags.

§923. Restrictions for Gill Nets; 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 any time during a period beginning at midnight on May 10 and ending at midnight September 30 next ensuing during any calendar year except where otherwise prohibited in this chapter. The use of any gill net equal to or less than 200 feet which Is anchored, staked, or fixed in any way shall be further restricted to the arca within one-half nauticle mile of the mean high water line of the shore of the Delaware River and Bay during a period beginning at midnight on May 10 and ending at midnight on September 30 next ensuing.

(b) Unless otherwise authorized by a scientific permit issued by the Division no person shall fish any drifting gill net in the tidal waters of this State during the period 12:01 a.m. Saturday, through to 4:00 p.m. Sunday or on a legal State holiday during a period beginning at midnight May 10 and ending at midnight on September 30 next ensuing during any calendar year.

(c) During the period beginning at 12:01 a.m. April 1 through midnight May 10, no person shall fish more than an aggregate of 1000 yards of anchored, staked, fixed or drifting gill nets and furthermore, no more than an aggregate of 1000 yards of anchored, staked, fixed or drifting gill net shall be fished from any vessel irregardless to the number of commercially licensed foodfishermen on said vessel.

(d) During the period beginning midnight May 10 and ending at midnight September 30 next ensuing during any calendar year no person shall fish more than an aggregate of 1000 yards of drifting gill nets and furthermore, no more than an aggregate of 1000 yards of drifting gill nets shall be fished from any vessel Irregardless to the number of commercially licensed food fishermen on said vessel.

(e) Except for gill nets equal to or less than 200 feet which are anchored, staked, or fixed in any way, no person shall fish a gill net of any type without obtaining a commercial foodfishing license pursuant to §914 and a foodfishing equipment permit pursuant to §915 hereof.

§924. Prohibition Against 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 forty-eight (48) hours unless inclement weather provides for unsafe navigation.

(b) No person shall leave drifting fishing equipment that Is being fished in the tidal waters of this State unattended at any time in so far that the person fishing said drifting fishing equipment shall remain on his vessel and within sighting distance of said equipment.

§925. Prohibition Against Fishing with Explosives, Chemicals and Poisons and Other Devices

Exception for Department and Agents Thereof

(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 explosives, electricity, chemicals or poisons, unless it is otherwise specified as a legal means to fish for and/or take finfish In the provisions of this Chapter or any regulation promulgated by the Department or permit issued by the Division. The use of electric lights shall be illegal except lights required by the U. S. Coast Guard and lights used for illumination for visual purposes.

(a) The Department and its authorized agents may use fish suffocants, shockers and/or similar devices and materials for fish management and/or scientific purposes, provided that written permission to do so is obtained from the Director beforehand.

§926. Extracting Oil or Making Fertilizer from Food and Game Fish

(a) No person shall have In his 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, and/or for the purpose of converting such finfish Into fertilizer. The parts of a processed legally taken finfish not to be used for human consumption, Including the entrils, bones, fins and other waste parts thereof may be further reduced or rendered for use as fertilizer and/or animal feed products.

(a) (1) Any person who violates any provision of this Section shall be fined not less than $500.00 nor more than $1,000.00, plus the payment of costs, and for any subsequent violation of this Section the person shall be fined $2,500.00, plus payment of costs.

§927. Prohibition Against Fishing with Trawl Nets; Run Around Gill Nets. and Purse Seinesi. 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 pulled by a power vessel, or other mechanical advantage, or any purse seine operated in any manner, or any run around gill net or any gill net utilizing rollers or reels operated either manually or by power except as provided by 7 Del. C. §§911 and 919.

(b) Any person who is determined to be In violation of this Section shall be fined not less than $2,000.00 and no more than $5,000.00 plus the payment of costs, and/or imprisoned for up to sbt (6) months; and for any subsequent violation of this Section the person shall be fined no less than $5,000.00, plus the payment of costs, and/or imprisoned for up to six (6) months.

(c) Any authorized employee of the Department who has probable cause to believe that there is or has been a violation of the provisions 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 the provisions of this section.

(2) Any other item to be used as evidence in any case to be brought for violation of the provisions of this section.

(d) Any authorized employee of the Department who has seized finfish pursuant to the provisions of this section shall comply with the provision of 7 Del. C. §935.

(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, and any forfeiture of the finfish or other Items shall be in accordance with the Rules of the Procedure for the Superior Court.

§928. Interstate Transfer of Finfish

(a) No person who catches foodfish outside the Jurisdictional boundaries of the State shall land and/or transfer said foodfish from said person's vessel to a shore or any facility located in the State for the purpose of transporting, selling, packing and/or processing said foodfish except for taxidermy purposes, unless said person has been issued by the Department a valid commercial foodfishing license In accordance with the provisions of §913 and §914 of this chapter.

(b) Any person who catches foodfish outside the Jurisdiction boundaries of the State and then has said foodfish transported into this State by means other than by a vessel for the purpose of transporting, selling, packing and/or processing said foodfish shall not be required to acquire a commercial foodfishing license from the Department.

§929. Finfish; Size Limits; and Exceptions

(a) Unless otherwise provided in this Chapter or by regulation promulgated by the Department or permit issued by the Division subsequent to the effective date hereof, no person shall possess any finfish listed in this Section or any regulations promulgated by the Department that measure less than the dimensions set forth in this Section or any regulation promulgated by the Department, unless said finfish was legally purchased outside the Jurisdictional boundaries of the State and said sale is evidenced by a validated bill-of-sale. The dimensions of said finfish shall be the total measured from the tip of its snout to the furthest tip of its tail.

(b) Unless otherwise provided in this Chapter or by regulation promulgated by the Department or permit issued by the Division subsequent to the effective date hereof, no person shall possess any finfish in the State unless said finfish has at least the following dimensions:

1. Striped bass (Morone sagatilis) taken from or caught in Delaware's internal Waters shall have a minimum length of fourteen (14) inches.

2. Striped bass taken from or caught in Delaware's Territorial Sea shall have a minimumlength of twenty-four (24) inches.

3. Weakfish (Cynoscion regalis): The minimum length of a weakfish shall be ten (10) inches.

4. Atlantic croaker (Micropogon undulatus): The minimum length of an Atlantic croaker shall be eight (8) inches.

5. Atlantic sturgeon (Acipenser oxyrhynchus): The minimum length of an Atlantic sturgeon shall be fifty-four (54) inches.

6. Summer flounder (Paralichthys dentatus): The minimum length of a summer flounder shall be twelve (12) inches.

(c) Notwithstanding the provisions of this section, a recreational fisherman may possess no more than four (4) finfish per day of each species of finfish when the finfish is less than the minimum length required by the provisions of this chapter or any regulation promulgated by the Department or permit issued by the Division. For striped bass, no more than four (4) which are less than twenty-four (24) inches in length but at least fourteen (14) inches in length may be possessed by a person if said fish were caught by that person with a hook and line in Delaware's territorial sea.

(d) Except as otherwise provided by this subsection a commercial fisherman shall not possess any finfish that is less than the minimum length required by the provisions of this Chapter or any regulation promulgated by the Department. Up to and including ten (10) percent of the total number of each finfish species taken from and/or caught per day in the tidal waters of the State by a commercial finflsherman may be a length that is less than the minimum length required by the provisions of this Chapter and/or any regulation promulgated by the Department.

§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.

(b) The Department may promulgate regulations pertaining to spawning area restrictions.

§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) No person shall attempt to take and/or remove any finfish from any fishing equipment, that is owned by another person without having received the express written authority to attempt to take and/or remove said finfish.

(c) No person shall remove legally placed fishing equipment of another person without the written permission of the lawful owner thereof.

(d) No person shall attempt to remove legally placed fishing equipment of another person without the written permission of the lawful owners thereof.

(e) The Division and employees thereof shall have the authority to confiscate and sell any finfish taken in violation of this Section. The purpose of any sale of confiscated finfish shall be to determine the fair market value of the illegally taken finfish and prevent the wasting of the perishable resource. The monies received from the sale of any finfish shall be paid to the owner of the fishing equipment from which the finfish were illegally removed.

(f) Theft of finfish, or attempted theft of finfish, from another person's fishing equipment shall be a Class A misdemeanor, unless the value of the finfish is $300.00 or more, in which case, it shall be a Class E felony. Whoever violates this Section shall be fined and/or imprisoned in accordance with the fines and/or terms of imprisonment specified in 11 Del. C., Chapter 42 for a Class A misdemeanor and a Class E felony.

§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 the Department may remove any fishing equipment used in the tidal waters of the State that is not marked, identified and/or being used for fishing according to the provisions of this Chapter or regulation promulgated by the Department or permit issued by the Division provided that the Department notify, or attempt to notify the owner of said equipment when said owner is known, and give such owner the opportunity to remove said fishing equipment.

(c) Any fishing equipment removed from the tidal waters of the State as provided for in this Section which is not claimed by its owner within thirty (30) days after its removal shall be subject to the following provisions that provide for its disposition by public sale:

(1) After the thirty (30) day waiting period the Department shall advertise the sale of the removed fishing equipment in a newspaper of general circulation throughout the State. The advertisement shall give a brief description of the property and the procedure for the sale thereof.

(2) The sale of the advertised property will be conducted by the Department. The Department shall accept sealed bids for the property. with the property being sold to the highest bid received.

(3) Any monies received from the sale of the removed property shall be retained by the Department for a period of one year. after receipt of said monies, during which time the owner of the removed property may file a claim with the Department for the payment of said monies. The expenses of the Department for arranging the public sale of the removed fishing equipment may be deducted from any monies paid to the owner of the removed fishing equipment.

(4) Monies from the public sale of the removed fishing equipment that are not claimed by the owner of said equipment within one year after the receipt of said monies, shall be deposited Into the Finfisheries Development Fund.

§933. Search of Persons, Boats, Vessels and Commercial Facilities to Determine Violations of Law

(a) Any authorized employee of the Department, after determining there is probable cause that there has been a violation of any provision of this Chapter or any regulation promulgated by the Department or any permit issued by the Division, may do the following without obtaining a warrant beforehand:

(1) Search, examine and/or inspect any person and/or any person's vehicle, vessel and/or any container or other receptacle in and/or on any vehicle or vessel that is under the control or possession of said person for the purpose of determining said persons compliance with the provisions of this Chapter or any regulation promulgated by tho Department or permit issued by the Division pertaining to the size. limits, sale, purchase and possession of finfish and/or the method of taking finfish.

(2) Detain any person and/or person's vehicle or vessel for a reasonable length of time to conduct any search, examination and/or inspection thereof as described in subsection (a) (1) of this Section.

(3) Inspect, search and/or examine any commercial facility in the business of selling and/or storing finfish in the presence of any occupant of said facility to determine compliance with the provisions of this Chapter and any regulation promulgated by the Department or permit issued by the Division.

§934. Seizure of finfish: forfeiture of said finfish

(a) Any authorized employee of the Department who has probable cause to believe that there is a violation of the provisions of this Chapter or any regulation promulgated by the Department or permit issued by the Division may seize the following items under the following conditions:

(1) Any tint ish located. found, retained. taken and/or caught in violation of any provision of this Chapter or any regulation promulgated by the Department or issued by the Division.

(b) Any authorized employee of the Department who has seized finfish pursuant to the provisions of this Section shall comply with the provisions of 7 Del. C. 5935.

(c) Any authorized employee of the Department who has seized any finfish pursuant to this Section may seek to have said finfish forfeited, in which case the Superior Court shall have jurisdiction over the alleged violation, and any forfeiture of the finfish shall be in accordance with the Rules of Procedure for the Superior Court and the provisions of 7 Del. C. §935.

§935. Sale of seized finfish

(a) Except as otherwise provided in any provision of this Chapter, in view of the perishable nature of fish any employee of the Department authorized to enforce the provisions of this Chapter or any regulation promulgated by the Department or permit issued by the Division, who seizes any finfish, may dispose of said finfish in accordance with the following procedures:

(1) Finfish may be sold, and any person may purchase said finfish for money at or above fair market value.

(2) The monies received from the sale of the finfish shall be deposited with the Superior Court in which the complaint and/or charges for the alleged violation is to be filed. Thereafter, disposition of the proceeds will be in accordance with the Rules of Procedure for the Superior Court of the State of Delaware. In each case where the Superior Court has declared the finfish and monies obtained from the sale thereof as being forfeit, all monies not subject to valid claim by other parties and remaining with the Superior Court shall be deposited by the Superior Court into the Finfisheries Development Fund. Upon the acquittal or dismissal of charges against the alleged violator the proceeds shall be returned to said person.

(3) The seizure and sale of finfish shall be without prejudice to any other rights and/or remedies provided for by law, contract or agreement, or the provisions of this Chapter or any regulations promulgated by the Department or permit issued by the Division.

(b) Whenever the Department seizes any finfish, it may elect not to follow the procedures for the disposal of said finfish that are set forth in subsection (a) of this section, and the Department may dispose of said seized finfish in accordance with the following procedures:

(1) Finfish that have been seized after an alleged violation of any provision of this chapter or any regulation promulgated by the Department or permit issued by the Division may be sold by the person alleged to have committed said violation.

(2) The proceeds of the sale by the alleged violator shall be deposited with the Superior Court.

(3) Upon the conviction of the alleged violator, the disposition of the proceeds will be in accordance with the procedure set forth in subsection (a) 2 of this section. Upon the acquittal, or dismissal of the charges against the alleged violator, the proceeds shall be returned to said person.

(4) The provisions of subsection (a) 3 of this section shall be applicable to any sale of finfish under this subsection.

§936. Enforcement; penalties for violations of this Chapter, regulations, permits; seizure and forfeiture of illegally used property; Iniunctions, and; reporting false information

(a) The Secretary, The Department and persons authorized by the Secretary shall enforce the provisions in 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 any provision in this Chapter or regulation promulgated or permit issued by the Division shall be punishable as follows:

(1) If there has been a violation of any provisions in Section 910, 917. 918, 920, 921, 922, 923, 924, 925, and/or 928 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 fined not less than $50.00 nor more than $200.00 for each violation, plus the payment of all costs. For any second violation of any provisions in Section 910, 917, 918. 920, 921, 922, 923,924, 925 and/or 928 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 fined not less than $200.00 nor more than $1,000.00, plus the payment of all costs. For any subsequent violation of any provisions in Section 910, 917, 918. 920, 921, 922, 923, 924, 925 and/or 928, 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 fined not less than $500.00 nor more than $1,500.00 plus the payment of all costs.

(2) If there has been a violation of any provision of any Section of this Chapter or any regulation promulgated by the Department or permit issued by the Division other than a provision of Section 910, 913, 917, 918, 920, 921, 922, 923, 924, 925, 926, 927 and/or 928 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 fined not less than $25.00 nor more than $100.00, plus the payment of an costs. For any subsequent violation of any provision of any Section of this Chapter or any regulation promulgated by the Department or permit issued by the Division, other than a provision of Section 910, 913, 917, 918, 920, 921, 922, 923, 924, 925, 926, 927 and/or 928 and/or any regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or method of fishing within to (2) years of any previous violation thereof, each violator shall be fined not less than $100.00 nor more than $500.00, plus the payment of all costs.

(3) Nothing expressed in this Section should be Interpreted to limit or supercede 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 of said finfish or other items is sought.

(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 M 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 the provisions of this Chapter shall be fined not less than $1,000.00, plus the payment of all costs, and may be imprisoned for up to thirty (30) days, or may be fined and Imprisoned. The Superior Court shall have jurisdiction over offenses under this subsection. No fine imposed under this subsection shall be suspended.

§937 Suspension of commercial finfishing license

If a commercial fisherman during a one year period has committed three or more violations of any provision of this Chapter or any regulation promulgated by the Department or permit issued by the Division is convicted of said violations, the Department, upon the recommendation of the Council, may suspend or refuse to issue a commercial foodfishing license to said fisherman.

§938 Severability of invalid provisions

If any provision or part of any provision of this Chapter or any regulation promulgated by the Department or permit Issued by the Division is determined to be invalid, void or unlawful, said provision or part thereof shall be severed from the remainder of the original provisions of said Chapter, regulation or permit, and said remaining provisions thereof shall continue in force."

Section 2. Amend Subchapter I, Chapter 11, Title 7, Delaware Code by striking in their entirety the following:

(1) The titles of said Subchapter and Chapter, and; (2) Said Subchapter L And in their place substitute the following new titles and new subchapter:

"CHAPTER 11. FINFISHING IN NON-TIDAL WATERS

SUBCHAPTER 1 GENERAL PROVISIONS

§1101. Application of Chapter

The provisions of this Chapter shall apply to fishing for finfish In all the non-tidal waters of this State.

§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 7 Del. C. §906 are hereby incorporated into this Section and Chapter.

(b) 'Non-tidal waters' or 'freshwater' as used in this Chapter or any regulation promulgated by the Department or permit issued by the Division or Director shall mean those waters in the State of Delaware where the lunar tide does not regularly ebb and flow.

(c) 'Fresh water finfish' or 'fresh water fish' as used in this Chapter shall mean any species of finfish that may be found in fresh or non-tidal waters of this State.

§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 fresh water fish in the non-tidal waters of this State with any fishing equipment or by any method, unless it is provided for in the following subsections:

(1) A hook and line may be used and each hook and line shall have no more than three hooks or three separate lures with hooks.

(2) Except for a person fishing for fresh water finfish with a hook and line through ice the number of hooks and lines any one person shall be permitted to use to fish for any fresh water finfish in the non-tidal or fresh waters of the State shall be no more than two (2). Fishing through ice shall be governed by regulations promulgated by the Department.

(3) A person may use a dip net to aid in landing any fresh water finfish taken or caught by hook and line in the non-tidal or fresh waters of the State.

(4) Upon the request of an owner or tenant of any pond, lake or impoundment located in the State, the Director may issue a permit to said owner or tenant, authorizing said owner or tenant to fish for fresh water finfish with any fishing equipment, or by any method other than what has been authorized by the provisions of this Chapter or any regulation promulgated by the Department or permit issued by the Director. However, no owner or tenant of any pond. lake or impoundment located in this State shall use or attempt to use any chemical. poison and/or electrical equipment or device to fish for fresh water finfish.

(5) Upon the request of the owner of any privately owned pond, located in the State, employees of the Division may be authorized by the Director to use any chemical. poison and/or electrical equipment or device to fish in said owner's pond for the purpose of fish management practices.

(6) Carp may be taken and/or fished for by using a bow and arrow and/or spear, unless said equipment or method is otherwise restricted by any regulation promulgated by the Department.

§1104. Regulations promulgated by the Department

Nothing in the provisions of 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 7 Del. C. §103.

§1105. Sale and attempted sale of fresh water finfish

(a) No person shall sell, trade or barter any finfish taken from the non-tidal 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, trade or barter any fresh water finfish taken from the non-tidal water of this State. unless said person has been authorized to do so in a permit issued by the Director.

§1106. Penalty

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

(b) Any person, organization, group, business, corporation, partnership or any other type of entity that violates any provisions in this Chapter and/or any permit issued by the Division or Director pursuant to this Chapter shall be punished under the provisions of 7 Del. C. 61304.

(c) Any person, organization, group, business, corporation, partnership or any other type of entity that violates any regulation promulgated by the Department pursuant to 7 Q. C. 6103 shall be punished under the provisions of 7 Del. C. §103 (e).

§1107. Severability of invalid Provisions

If any provision or part of any provision of this Chapter or regulation promulgated by the Department or permit issued by the Department or Director is determined to be invalid, void or unlawful, said provision or part thereof shall be severed from the remainder of the original provisions of said Chapter, regulation or permit, and said remaining provisions shall continue in force."

Section 3. The Advisory Council on Tidal Finfisheries shall review and specify in a report to the Delaware General Assembly any changes for marking fishing equipment as specified in the provisions of this Act. The Council's recommendations will consider navigational safety and the feasibility of revised marking requirements for fishing equipment.

Section 4. Each provision set forth in Section 929, Chapter 9, Title 7 of the Delaware Code shall remain in effect only until such time as the Department lawfully adopts a regulation which is in conflict with that provision; provided however, that the regulation implements recommendations contained in an Interstate Fisheries Management Plan. Where the Department promulgates a regulation which is in conflict with a provision of §929, the Code Revisors shall cause such regulation to be reflected in the annotations following said section.

Section 5. Notwithstanding the provisions of paragraphs 914(e) and 915(e) of this Act, the Department shall have until the later of April 1, 1984 or thirty (30) days after the day this Act becomes law to issue commercial fishing licenses and foodfishing permits.

Section 6. This Act shall be effective upon its enactment into law.

Approved April 27, 1984.