TITLE 7

Conservation

Game, Wildlife and Dogs

CHAPTER 11. FINFISHING IN NONTIDAL WATERS

Subchapter I. General Provisions


This chapter shall apply to fishing for finfish in all the nontidal waters of this State. This chapter shall not apply to cultured aquatic stock in transit to, or in or removed from, registered aquaculture facilities pursuant to Chapter 4 of Title 3.

64 Del. Laws, c. 251, § 2; 69 Del. Laws, c. 103, § 9.;

(a) Unless otherwise provided in this chapter, and in addition to the words defined in this section, the words and definitions contained in § 906 of this title are hereby incorporated into this section and chapter.

(b) "Freshwater finfish" or "freshwater fish" as used in this chapter shall mean any species of finfish that may be found in fresh or nontidal waters of this State.

(c) "Nontidal 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 where the lunar tide does not regularly ebb and flow.

64 Del. Laws, c. 251, § 2.;

Unless otherwise authorized by regulation promulgated by the Department or permit issued by the Division or Director, it shall be illegal for any person to fish for any freshwater fish in the nontidal waters of this State with any fishing equipment or by any method, unless it is provided for in the following paragraphs:

(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) Except for a person fishing for freshwater finfish with a hook and line through ice, the number of hooks and lines any 1 person shall be permitted to use to fish for any freshwater finfish in the nontidal or fresh waters of the State shall be no more than 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 freshwater finfish taken or caught by hook and line in the nontidal 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 freshwater finfish with any fishing equipment, or by any method other than what has been authorized by 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 freshwater 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.

Code 1915, § 2529; 30 Del. Laws, c. 176, § 8; Code 1935, § 3017; 7 Del. C. 1953, § 1106; 64 Del. Laws, c. 251, § 2.;

Nothing in this chapter shall be interpreted to lessen or preclude the Department's authority to promulgate regulations pertaining to freshwater fish pursuant to the provisions of § 103 of this title.

64 Del. Laws, c. 251, § 2.;

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

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

64 Del. Laws, c. 251, § 2.;

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

(b) Any person, organization, group, business, corporation, partnership or any other type of entity that violates this chapter and/or any permit issued by the Division or Director pursuant to this chapter shall be punished under § 1304 of this title.

(c) Any person, organization, group, business, corporation, partnership or any other type of entity that violates any regulation promulgated by the Department pursuant to § 103 of this title, shall be punished under § 103(d) of this title.

23 Del. Laws, c. 128, § 2; Code 1915, § 2539; 40 Del. Laws, c. 191, § 34; Code 1935, § 3026; 7 Del. C. 1953, § 1124; 64 Del. Laws, c. 251, § 2.;

Any person who lawfully takes and has fish in the person's possession from a fee fishing operation, registered as same with the Department of Agriculture according to Chapter 4 of Title 3, is exempt from any seasonal restrictions, size limits and/or creel limits on said fish, provided said person has in the person's possession a valid receipt for said fish, issued by the owner or the owner's agent of the fee fishing operation pursuant to § 407(d) of Title 3.

69 Del. Laws, c. 103, § 13; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 178, § 1.;