7 DE Code § 915. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 9. Finfishing in Tidal Waters|§ 915. Food fishing equipment permit; requirements, fees and restrictions.

§ 915. Food fishing equipment permit; requirements, fees and restrictions. (a) A valid food fishing equipment permit issued by the Department is required before any individual shall: fish for food fish in the tidal waters of this State with the fishing equipment specified in subsection (b) of this section or sell, trade and/or barter food fish caught or taken with hook and line. Exceptions to the foregoing may be made as authorized by this chapter or by scientific permit issued by the Director. The Department shall not charge a fee for a food fishing equipment permit for hook and line. (b) The following food fishing equipment permits and fees shall apply to individuals who fish for food fish in the tidal waters under the jurisdiction of this State. Any resident of this State, 65 years of age or older, who is not a commercial foodfishing licensee, is exempt from the foodfishing equipment permit fees but must comply with all other foodfishing equipment permit procedures and requirements. Food fishing equipment permit fees apply to the appropriate amount of equipment being fished in the water of 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 $5.00 per fyke; nonresidents $50 per fyke; (5) A fish pot or fish trap with a funnel opening of more than 4 inches in diameter and not exceeding 125 cubic feet and with an escape panel constructed of a biodegradable netting measuring at least 8 inches x 8 inches — residents $1.00 per pot or trap; nonresidents $10 per pot or trap; (6) A gill net — residents $5.00 per 50 fathoms (300 ft.) or any part thereof; nonresidents $50 per 50 fathoms (300 ft.) or any part thereof; (7) A gill net — New Jersey resident — $5.00 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 subsection (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 subsection (b) of this section within the tidal waters of this State. (d) A food fishing 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 food fishing equipment permits for gill nets to any commercial fisher unless a commercial fisher 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 his or her catch during any 4 of the 5 calendar years preceding 1984. Food fishing 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 food fishing equipment permits for gill nets shall be issued to new commercial fishers after calendar year 1984 unless the total number of existing food fishing equipment permits for gill nets issued to commercial fishers is less than 111, the number issued in 1999. The Department shall issue additional food fishing equipment permits for gill nets to individuals who have completed a commercial fishing apprenticeship program of at least 150 days in no less than a 1-year period with an active commercial fisher licensed by the Department, not to exceed a total of 111 in number, under and pursuant to a lottery conducted by the Department. Food fishing equipment permits for gill nets may be transferred to a spouse or a child of the permit holder or to an individual who has completed the apprenticeship program of at least 150 days in no less than a 1-year period with an active commercial fisher licensed by the Department. (f) 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 2 fish pots exceeding the dimensions prescribed by paragraph (b)(5) of this section shall be presumed to be a commercial fisher for purposes of this chapter and any regulations promulgated by the Department. (g) Notwithstanding subsection (e) of this section, the Department may issue a food fishing equipment permit for a gill net to a resident commercial fisher who provides credible evidence to the Department that he or she has:  (1) Served full-time in the armed forces of the United States outside the geographic boundaries of this State during any of the 5 years preceding 1984 or during the 30-day period in 1984 (April 27-May 27) when gill nets permits were available to commercial fishers, provided that in the 5-year period preceding 1984 the resident commercial fisher met the qualifications for such a permit in the years he or she was not in the armed forces; (2) Maintained his or her Delaware domicile while serving full time in the armed forces of the United States; and (3) Prior to serving in the armed forces of the United States was engaged in commercial gill net fishing in the tidal waters under the jurisdiction of this State that involved the sale of his or her catch. (h) Notwithstanding subsection (e) of this section, the Department is authorized between January 1, 1990, and April 1, 1990, to issue up to 7 food fishing equipment permits for gill nets to residents of the State of New Jersey to fish no more than 600 ft. of gill net in only that portion of the Delaware River east of the center line of the shipping channel and north of 39 degrees 30′ north latitude and who provides credible evidence to the Department that he or she has previously engaged in commercial gill net fishing involving the sale of his or her catch during any 4 of the 5 calendar years preceding 1984. (i) (1) It shall be lawful for any person who has appropriate food fishing equipment permits for gill nets and a recreational drift gill net permit issued by the Department to fish any drifting gill net, subject to the provisions of this subsection. (2) It shall be unlawful for any recreational finfisher who has been issued a recreational drift gill net permit by the Department to fish a drift gill net in any waters of the State except in a section of the Delaware River, not including any tributaries thereto, located to the south of a line beginning at the tip of the southernmost jetty at the mouth of the C & D Canal and extending due east and to the north of a line beginning at Liston Point and continuing due east during a period of time beginning at 12: 01 a.m. on March 15 and ending at 12: 00 p.m. on May 10 next ensuing each year. (3) It shall be lawful for any recreational finfisher who has been issued a recreational drift gill net permit for gill nets and appropriate food fishing equipment permit for gill nets by the Department to fish a single drift net provided it does not exceed 300 feet in length. (4) An application for a recreational drift gill net permit may be submitted annually to the Department on a form supplied by the Department. Each application shall provide credible evidence that the person applying for the recreational drift gill net permit fished a drift gill net prior to 1984 in the Delaware River for American shad. Applications shall be submitted to the Department prior to 4: 30 p.m. on the last Friday in February. The Department shall hold a public drawing of the applicants no later than 4: 30 p.m. on the first Friday in March. The first 10 applications drawn will be issued a recreational drift net permit to be valid until midnight on May 10 next ensuing. If any of the 10 selected applicants fail to obtain his or her recreational drift gill net permit from the Department by 4: 30 p.m. on the second Friday in March, applicants drawn in numerical order after the first 10 shall be authorized to be issued a recreational drift gill net permit. (j) The Department shall only issue food fishing equipment permits for hook and line to persons who make application for such permits in calendar year 1996, and who, prior to April 2, 1995, had been issued a commercial food fishing license. Food fishing equipment permits for hook and line shall be renewed annually thereafter, subject to the payment of license fees, and if not so renewed, such permits shall not thereafter be eligible for renewal. To qualify for the annual renewal, the permit holder shall have filed monthly reports as required by § 914(6) of this title for the previous year. (k) Notwithstanding subsection (j) of this section, when the total number of food fishing equipment permits for hook and line drops below 172, the number issued in 1999, the Department shall issue additional food fishing equipment permits for hook and line, not to exceed 172 in number, under and pursuant to a lottery conducted by the Department. An individual is eligible to participate in the lottery if the individual has met either of the following requirements:  (1) The individual has completed an apprenticeship program of at least 150 days in no less than a 1-year period with an active commercial fisher licensed by the Department. (2) The individual has completed the requirements to receive a Merchant Mariner Credential issued by the United States Coast Guard National Maritime Center with the capacity of Master. The credential must be in good standing with the United States Coast Guard National Maritime Center at the time the application for the license is made. The individual must also present a letter of recommendation to the Department from an active commercial fisher licensed by the Department. The letter would include the name, address, and contact information of the active commercial fisher who is making the recommendation as well as an assessment of the individuals fishing skills and an explanation of the length of time and capacity in which the licensed fisher has known the individual. Upon verification of authenticity of the letter of recommendation by the Department, the individual shall be entered in the lottery. (l) It shall be unlawful for food fishing equipment other than hook and line and dip nets to be on board a vessel when a person is commercially fishing with hook and line from said vessel. (m) A food fishing equipment permit for hook and line shall be deemed invalid when the holder thereof is on board a vessel with more than 1 other person who does not possess a food fishing equipment permit for hook and line. (n) An individual at least 15 years of age may enter into an agreement with an active commercial fisher licensed by the Department to serve as a commercial fishing apprentice to said commercial fisher. This agreement shall be in writing on a form provided by the Department and filed with the Department. An apprentice shall not enter into an agreement with more than 1 active commercial fisher at any one time and an active commercial fisher shall not enter into an agreement with more than 1 apprentice at any 1 time. In the event an agreement is cancelled by either party, the Department shall credit an apprentice with time served and said time shall be retained if the apprentice signs an agreement with another active commercial fisher. A commercial fishing apprentice must complete no less than 150 days of commercial fishing activities over no less than a 1-year period. Eight hours of commercial fishing activities shall equal 1 day. Commercial fishing activities shall include fishing, operating a vessel, maintaining fishing equipment or a vessel, handling and/or transporting fish for sale, or other activities directly associated with a commercial fishery. Fishing activities shall be documented on a daily log provided by the Department. Logs shall be submitted to the Department on a monthly basis on or before the 10th of the following month. An apprentice who completes no less than 150 days of commercial fishing activities over no less than a 1-year period shall be eligible for the following:  (1) Commercial food fishing equipment permit for gill nets transferred by another active commercial fisher; (2) Authorization to commercially fish with a hook and line transferred by another active commercial fisher; (3) Participation in lotteries conducted by the Department for commercial food fishing equipment permits for gill nets or authorization to commercially fish with a hook and line; and (4) Commercial crab dredge license, commercial conch pot license and commercial conch dredge license according to the provisions of § 1920 of this title. If, during the previous calendar year, fewer commercial gill net permits or commercial hook and line permits are issued than in 1999, the Department shall conduct a lottery for the number of said permits different from the number issued in 1999. In 1999, the Department issued 111 commercial gill net permits and 172 commercial hook and line permits. 28 Del. Laws, c. 203;  Code 1935, §  2989;  7 Del. C. 1953, §  908;  57 Del. Laws, c. 146, §  3;  61 Del. Laws, c. 256, §  4;  64 Del. Laws, c. 251, §  1;  65 Del. Laws, c. 67, §  1;  65 Del. Laws, c. 193, §  5;  65 Del. Laws, c. 495, §  1;  65 Del. Laws, c. 496, §  1;  67 Del. Laws, c. 184, §§  2, 3;  68 Del. Laws, c. 199, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 496, §§  2, 3;  73 Del. Laws, c. 29, §§  2-4;  73 Del. Laws, c. 124, §  2;  80 Del. Laws, c. 348, § 1;  81 Del. Laws, c. 130, § 2;