7 DE Code § 903. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 9. Finfishing in Tidal Waters|§ 903. Department of Natural Resources and Environmental Control; authority; permits; regulations.

§ 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 (d) [Repealed.]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 under subchapters I and II of the Administrative Procedures Act (Chapter 101 of Title 29), has 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 a fisheries management plan or rule promulgated pursuant to or adopted by the Atlantic States Marine Fisheries Commission, the Atlantic Coastal Fisheries Cooperative Management Act [16 U.S.C. §  5101 et seq.], the Mid-Atlantic Fishery Management Council, or the National Marine Fisheries Service for the protection and conservation of said species of finfish. Such regulations may include management measures, as described herein, that are necessary to implement the fisheries management plan or rule. 1. Notwithstanding this subsection and Chapter 101 of Title 29, the Department may promulgate regulations to adopt a specified management measure for finfish subject to this chapter by issuance of an order signed by the Secretary of the Department where the management measure is specified in 1 or more of the following, and adopting the specific management measure ensures compliance or maintains consistency with 1 or more of the following:  A. A fisheries management plan or rule established pursuant to or by the Atlantic States Marine Fisheries Commission, as set forth in §§ 1501 through 1504 of this title and the Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. § 5104(b). B. A fisheries management plan or rule established pursuant to or by the Mid-Atlantic Fishery Management Council. C. A fisheries management plan or rule established pursuant to or by the National Marine Fisheries Service. 2. Whenever the Department promulgates a regulation to adopt a specified management measure pursuant to paragraph (e)(2)a.1. of this section, the Department shall do all of the following:  A. Publish on its website a public notice with a copy of the Secretary's order and regulation that implement the specified management measure. The regulation will become effective 48 hours after the Department publishes on its website the public notice required by this paragraph. B. File the Secretary's order and regulation that implement the specified management measure in the next issue of the Delaware Register of Regulations.  3. Any regulations or management measures promulgated under paragraph (e)(2)a.1. of this section must be consistent with the original specified management measure promulgated pursuant to or adopted by the Atlantic States Marine Fisheries Commission, the Atlantic Coastal Fisheries Cooperative Management Act [16 U.S.C. §  5101 et seq.], the Mid-Atlantic Fishery Management Council, or the National Marine Fisheries Service. 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. Management measures may include 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. 5. Restrictions on the mesh sizes of nets from which a species may be taken.  6. Restrictions on the fishing equipment or methods to fish for a species.  c. In lieu of a fisheries 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 fisheries 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. 1. These interim regulations may include the following management measures:  A. Minimum and/or maximum size limits of a species that may be taken and possessed. B. Restrictions on the quantities of a species that may be taken. C. Restrictions on the periods of time that a species may be taken. D. Restrictions on the areas from which a species may be taken. E. Restrictions on the mesh sizes of nets from which a species may be taken. F. Restrictions on the fishing equipment or methods to fish for a species.  2. Upon the acceptance by the Department of a fisheries management plan for a species of finfish adopted pursuant to paragraph (e)(2)a. of this section, all interim regulations adopted pursuant to this paragraph (e)(2)c. pertaining to the management of said species shall become void once the Department promulgates new regulations implementing the applicable fisheries management plan. d. Any regulation adopted pursuant to paragraphs (e)(2)a. and (e)(2)c. of this section shall be consistent with the management principles for development of fisheries management plans or rules as set forth under § 901 of this title. (3) The Department may promulgate such other regulations concerning any species of finfish or marine mammal 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 involving finfish subject to this chapter in accordance with the procedures set forth in the Administrative Procedures Act § 10119 of Title 29. (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;  82 Del. Laws, c. 125, § 1;  83 Del. Laws, c. 37, § 3;