2014 Delaware Code
Title 7 - Conservation
CHAPTER 18. EEL FISHING
§ 1801. Definitions

(a) "Commercial eel fishing gear" shall include the following items:

(1) A fyke net or hoop net of a diameter not exceeding 30 inches when more than 1 such net is being fished by a person;

(2) Eel pots when more than 2 such pots are being fished by a person;

(3) Any seine net with a mesh size of less than 1 inch and greater than 100 feet in total length; and

(4) A minnow trap when more than 2 such traps are being fished by any person.

(b) "Commercially fish" shall mean for any person to attempt to take, take, catch, kill or reduce to possession any eel for the purpose of selling, trading or exchanging for money, materials or services with another or to set or fish any commercial eel fishing gear as defined in subsection (a) of this section.

(c) "Delaware Bay" shall mean all those waters and submerged lands 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 line drawn from Cape May Light to Harbor of Refuge Light; thence to the northernmost extremity of Cape Henlopen, but not including any tributaries thereto.

(d) "Delaware River" shall mean all those waters and submerged lands 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.

(e) "Department" shall mean the Department of Natural Resources and Environmental Control.

(f) "Eels" shall mean American eels, Anguilla rostrata.

(g) "Initially sold" shall mean the first transaction of eel exchange between the person catching the eels and another person for monetary, material or services exchange.

(h) "Noncommercial eel fishing gear" shall include the following items:

(1) A fyke net or hoop net of a diameter not exceeding 30 inches when only 1 is in use by a person;

(2) Eel pots when 2 or less pots are being fished by a person;

(3) A seine net less than or equal to 100 feet in length;

(4) A cast net;

(5) A lift net or umbrella net less than or equal to 5 feet in diameter;

(6) A dip net less than or equal to 3 feet in diameter;

(7) Spear, arrow or gigs;

(8) A minnow trap when less than 2 are being fished by a person;

(9) Hooks and lines when an individual places, sets or tends 3 or less separate lines with any 1 line having no more than 3 hooks attached (double and treble hooks counted as 1 hook).

(i) "Nontidal waters" shall mean those waters where the tide does not regularly rise and fall.

(j) "Person" shall mean any human being.

(k) "Resident" shall mean a person who has resided in this State continuously for 1 year.

(l) "Secretary" shall mean the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized designee.

(m) "Tidal waters" shall mean those waters where the tide regularly rises and falls.

(n) "To fish" shall mean to attempt to take, take, catch, kill or reduce to possession any eel by any means whatsoever.

61 Del. Laws, c. 256, § 1; 70 Del. Laws, c. 186, § 1.;