2018 Delaware Code
Title 7 - Conservation
CHAPTER 9. FINFISHING IN TIDAL WATERS
§ 903. Department of Natural Resources and Environmental Control; authority; permits; regulations.

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

(b) The Department shall have the authority to cooperate and assist departments, agencies and offices of the State and other states, local governments and the federal government in the management and conservation of finfishery resources.

(c) The Department may issue permits to scientific and/or educational institutions, or employees thereof, allowing said party or parties to be at a specific location, at a specific time, and to use equipment to fish for, or use methods to take finfish, where said equipment, method, location or time would otherwise be illegal under this chapter or any regulation promulgated pursuant to this chapter.

(d) [Repealed.]

(e) The Department in accordance with the procedures set forth in § 905 of this title shall have the authority to promulgate regulations, which shall have the force and effect of law, to enhance the conservation and management of coastal finfisheries, including the biological and socioeconomic aspects of coastal finfisheries. Any regulation pertaining to fishing for food fish shall require a statement addressing whether or not said regulation will have a significant impact upon the conservation of the fishery in question. Except where otherwise provided in this section, such regulations shall be consistent with this chapter, and may only include, and encompass, the following areas:

(1)a. Add legal fishing equipment or methods to fish for bait fish in addition to the provisions of § 908 of this title.

b. Closed and/or open areas to fish for bait fish according to the provisions of § 909 of this title.

c. Add legal fishing equipment or methods to fish for food fish in addition to § 910 of this title.

d. Restrict fishing within areas designated as striped bass spawning areas according to § 930 of this title; provided that any restriction on fishing is consistent with fishing restrictions imposed by other states adjoining designated striped bass spawning areas located in Delaware.

e. Closed or open areas within Rehoboth Bay and its tributaries, Indian River and Indian River Bay and their tributaries, Little Assawoman Bay and its tributaries, Big Assawoman Bay and its tributaries, Nanticoke River and its tributaries and all tributaries entering the Delaware River and Delaware Bay to fishing with gill nets for food fish.

f. Restrict the mesh size of recreational drift gill nets that may be fished for American shad in the Delaware River.

g. Regulate and/or restrict the type of fishing gear or methods which may be used within the geographical boundaries of permitted artificial reef sites within the Delaware Bay and within Delaware's territorial sea (defined as 0 to 3 miles seaward of Delaware's ocean coastline).

(2)a. The Department may promulgate such other regulations concerning a species of finfish that spend part or all of their life cycle within the tidal waters of the State; provided that such regulations are consistent with an interstate fisheries management plan developed for the protection and conservation of said species of finfish. Such regulations may include and encompass the following:

1. Minimum and/or maximum size limits of a species according to § 929 of this title;

2. Restrictions on the quantities of a species that may be taken;

3. Restrictions on the periods of time that a species may be taken;

4. Restrictions on the areas from which a species may be taken; and

5. Restrictions on the mesh sizes of nets from which a species may be taken.

b. In lieu of an interstate fishery management plan for any species of finfish, the Department, in conjunction with the State of New Jersey's Department of Environmental Protection, may develop a fishery management plan for said species and promulgate interim regulations concerning said species of finfish within the Delaware River and Delaware Bay; provided that the State of New Jersey's Department of Environmental Protection adopts substantially similar interim regulations. Said interim regulations, in Delaware, shall become effective on the date substantially similar regulations become effective in the State of New Jersey.

These interim regulations may include and encompass the following:

1. Minimum and/or maximum size limits of a species that may be taken and possessed;

2. Restrictions on the quantities of a species that may be taken;

3. Restrictions on the periods of time that a species may be taken;

4. Restrictions on the areas from which a species may be taken; and

5. Restrictions on the mesh sizes of nets from which a species may be taken.

Upon the acceptance by the Department of an interstate fishery management plan for a species of finfish, all interim regulations pertaining to the management of said species shall become void upon the effective date of new regulations promulgated by the Department according to subparagraph a. of this paragraph.

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

(3) The Department may promulgate such other regulations concerning any species of finfish, including marine mammals, that spend part or all of their life cycle within the tidal waters of the State; provided, that such regulations are consistent with management plans approved by the U.S. Secretary of Commerce for the protection and conservation of said finfish or marine mammal.

(f) The Department shall have the authority to issue permits or carry out any other administrative procedure provided for under this chapter, including but not limited to, permits, licenses and applications.

(g) The passage and approval of this subsection shall repeal those provisions contained in § 929 of this title that conflict with any Department regulation only if and when the Department promulgates any regulation contrary to said section of this chapter.

(h) The Department shall have the authority to adopt emergency regulations without following the procedures set forth in § 905 of this title when such regulations are necessary to deal with an actual or imminent public health threat or danger to a fishing resource or habitat involving finfish subject to this chapter. Emergency regulations may be adopted by the Department for a period not to exceed 90 days, and may be renewed for sufficient cause for an additional 90-day period. As soon as practicable after adoption of emergency regulations hereunder, the Department shall conduct a public hearing on the matter to obtain and consider all relevant information present to determine if continuation of the emergency regulations is justified.

(i) The Department is authorized to collect pertinent data with respect to fisheries, including, but not limited to, information regarding the type and quantity of fish or weight thereof, areas in which fishing was conducted and time of fishing. The information collected by or reported to the Department shall be confidential and shall not be disclosed in a manner or form that permits identification of any person or vessel, except when required by court order.

(j) The Department shall have the authority to issue a permit to a person for the artificial propagation, aquaculture and possession of finfish which otherwise would be illegal in this State provided that all finfish removed from the tidal waters under the jurisdiction of this State for obtaining eggs or sperm are to be released immediately or disposed of in a manner specified in the permit.

64 Del. Laws, c. 251, § 1; 64 Del. Laws, c. 279, § 1; 65 Del. Laws, c. 192, § 1; 65 Del. Laws, c. 408, § 1; 68 Del. Laws, c. 199, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 72, § 1; 76 Del. Laws, c. 71, § 13; 77 Del. Laws, c. 239, § 1.