reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VI. Other Game and Fish › § 788. Exceptions to the prohibition against the killing of red fox.

§ 788. Exceptions to the prohibition against the killing of red fox.
(a) Notwithstanding § 703(2) of this title, red foxes may be harvested statewide. The Department shall establish the season structure and framework through regulations promulgated pursuant to Chapter 101, Administrative Procedures Act, of Title 29.
(b) Notwithstanding § 703(2) of this title, the Department may issue a permit to a private landowner authorizing the landowner to manage red foxes on his or her property, provided there is a wildlife management plan for the property, the wildlife management plan has been approved by the Department, and a reduction in the number of foxes was recommended by such plan. The permit shall specify the time during which, the means and methods by which, and the person or persons by whom the red foxes may be killed or captured. The Department shall not charge a fee for the issuance of a permit under this section.
(c) Nothing in this chapter shall be construed to prevent the killing of a red fox by the owner of poultry if such fox is in the act of attacking such poultry. Such person may kill such foxes within a reasonable time after the pursuit, killing or carrying away of the poultry.
(d) Notwithstanding anything to the contrary contained in this chapter, it shall be lawful to possess, buy and sell the hides of red foxes which are legally taken in Delaware or in another state.
26 Del. Laws, c. 165, §  12;  Code 1915, §§  2385, 2385A;  40 Del. Laws, c. 194, §  1;  40 Del. Laws, c. 195, §  1;  Code 1935, §  2836;  41 Del. Laws, c. 177, §  7;  7 Del. C. 1953, §  793;  60 Del. Laws, c. 587, §§  1, 2;  62 Del. Laws, c. 138, §§  6, 7;  68 Del. Laws, c. 15, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §§  98, 103;  72 Del. Laws, c. 332, §  2;  76 Del. Laws, c. 173, §  1;  76 Del. Laws, c. 308, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VI. Other Game and Fish › § 789. Sale or shipment of red fox or red fox hides; penalty.

§ 789. Sale or shipment of red fox or red fox hides; penalty.
(a) No live red fox shall be sold, purchased, possessed or exposed for sale in this State, or shipped by freight or express, or otherwise, or taken from any place within this State to any place outside this State. Nothing in this section shall be construed to prevent the possession or transfer of red fox hides legally taken in Delaware or in another state. It shall be legal to sell the hides of red foxes legally taken in Delaware within the State or in another state.
(b) The provisions of the preceding paragraph insofar as they relate to the possession of live red foxes shall not apply to animal exhibitions owned or operated by the State or any political subdivision thereof.
(c) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.
26 Del. Laws, c. 166;  Code 1915, §  2408;  Code 1935, §  2879;  41 Del. Laws, c. 177, §  8;  7 Del. C. 1953, §  794;  62 Del. Laws, c. 138, §  8;  63 Del. Laws, c. 52, §§  1, 2;  70 Del. Laws, c. 275, §§  99, 103;  72 Del. Laws, c. 332, §  3;  76 Del. Laws, c. 308, §§  3-6;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VI. Other Game and Fish › § 790. Digging out or killing female fox or her young whelps; penalty.

§ 790. Digging out or killing female fox or her young whelps; penalty.
(a) No person shall dig out or in any manner take from any den a female fox, or her young whelps, or kill or in any manner cause the death of such female fox, or her young whelps, during the period of time in which she is suckling them.
(b) Whoever violates this section shall be guilty of a class C environmental violation for every female fox or whelp so dug or taken out of any den, or killed or caused to be killed.
26 Del. Laws, c. 166;  Code 1915, §  2408;  Code 1935, §  2879;  7 Del. C. 1953, §  795;  60 Del. Laws, c. 587, §  3;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §§  100, 103;  72 Del. Laws, c. 332, §  4;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VI. Other Game and Fish › § 791. Possession of red fox whelps.

§ 791. Possession of red fox whelps.
Notwithstanding any other provision of this subchapter to the contrary, the taking and possession of red fox whelps between April 1 and August 15 of each year by persons possessing no less than 5 foxhounds kept for chasing mature red foxes and having a permit issued by the Department shall be permitted for the purpose of raising the whelps for fox chasing. Any whelps possessed by virtue of this section shall have been taken only with permission of the landowner. Any whelp possessed by virtue of this section must be released each year prior to August 15. Only red fox whelps found within this State shall be subject to this section.
64 Del. Laws, c. 36, §  1;  70 Del. Laws, c. 275, §  103;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VI. Other Game and Fish › § 792. Legal limit on bullfrogs; penalty.

§ 792. Legal limit on bullfrogs; penalty.
No person shall take or kill more than 24 bullfrogs in any 1 day or night, or have the same in that person's possession for more than 5 days after the close of the season for killing excepting when they are had in possession alive for scientific or propagating purposes.
Whoever violates this section shall be guilty of a class D environmental violation.
Code 1915, §  2384A;  37 Del. Laws, c. 215, §  1;  Code 1935, §  2835;  41 Del. Laws, c. 178, §  1;  7 Del. C. 1953, §  796;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §§  101-103;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VI. Other Game and Fish › § 793. Sale of bullfrogs.

§ 793. Sale of bullfrogs.
Notwithstanding any other provisions of Part I of this title, bullfrogs, lawfully taken or killed, may be sold, bought and possessed in any quantity.
Code 1935, §  2835(a);  44 Del. Laws, c. 149, §  1;  7 Del. C. 1953, §  797;  70 Del. Laws, c. 275, §  103;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VI. Other Game and Fish › § 794. Deer accidentally killed by motor vehicle.

§ 794. Deer accidentally killed by motor vehicle.
Any person, who, while operating a motor vehicle upon any public highway in this State, accidentally strikes and kills a deer upon said public highway shall, upon producing visible evidence of collision with said deer to any State Police or Fish and Wildlife Agent of this State, be entitled to possession of said deer. This section shall apply to deer killed by collision with a motor vehicle at any time, whether during the open season for killing deer or during the legally closed season.
7 Del. C. 1953, §  798;  52 Del. Laws, c. 171;  70 Del. Laws, c. 105, §  6;  70 Del. Laws, c. 275, §  103;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VI. Other Game and Fish › § 795. Prohibition of sale or transportation of live skunks or raccoons.

§ 795. Prohibition of sale or transportation of live skunks or raccoons.
No live skunks or raccoons shall be sold or possessed in this State or transported into this State for any purpose without a permit from the Division.
63 Del. Laws, c. 389, §  7;  70 Del. Laws, c. 275, §  103;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VI. Other Game and Fish › § 796. Limitations on harvesting gray fox.

§ 796. Limitations on harvesting gray fox.
(a) It shall be unlawful to harvest gray fox except as otherwise provided in this chapter and directed gray fox harvest seasons shall not be established.
(b) Notwithstanding subsection (a) of this section, the collateral take of gray fox shall not be unlawful south of the Chesapeake and Delaware Canal during red fox harvest seasons that are established by the Department through regulation promulgated pursuant to the Administrative Procedures Act, Chapter 101 of Title 29,
(c) The Department may at its discretion require tagging and reporting requirements through regulation promulgated pursuant to the Administrative Procedures Act, Chapter 101 of Title 29.
(d) Notwithstanding any other provision of this title, the Department may issue a permit to a private landowner authorizing the landowner to manage gray foxes on his or her property, provided there is a wildlife management plan for the property, the wildlife management plan has been approved by the Department, and a reduction in the number of foxes was recommended by such plan. The permit shall specify the time during which, the means and methods by which, and the person or persons by whom the gray foxes may be killed or captured. The Department shall not charge a fee for the issuance of a permit under this section.
(e) Nothing in this chapter shall be construed to prevent the killing of a gray fox by the owner of poultry if such fox is in the act of attacking such poultry. Such person may kill such foxes within a reasonable time after the pursuit, killing, or carrying away of the poultry.
(f) Notwithstanding anything to the contrary contained in this chapter, it shall be lawful to possess, buy, and sell the hides of gray foxes which are legally taken in Delaware or in another state.
80 Del. Laws, c. 92, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VII. Woodchuck or Groundhog › § 797. Woodchuck or groundhog not protected wildlife.

§ 797. Woodchuck or groundhog not protected wildlife.
The animal known as woodchuck or groundhog shall not be a form of protected wildlife in this State.
7 Del. C. 1953, §  811;  52 Del. Laws, c. 68;  70 Del. Laws, c. 275, §  104;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VII. Woodchuck or Groundhog › § 798. Taking of woodchuck or groundhog.

§ 798. Taking of woodchuck or groundhog.
The woodchuck or groundhog may be hunted, trapped, caught, shot, killed, sold, shipped or otherwise disposed of, by any person and at any time.
7 Del. C. 1953, §  812;  52 Del. Laws, c. 68;  70 Del. Laws, c. 275, §  104;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VIII. Non-native Wildlife › § 800. Definitions.

§ 800. Definitions.
For the purposes of Part I of this title, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning, the following definitions shall apply:
(1) “Invasive wildlife species” means non-native wildlife species, including but not limited to nutria, whose presence, establishment, or proliferation causes or is likely to cause, as determined by the Department, biological or environmental harm to native wildlife species or their habitats or associated economic harm.
(2) “Non-native wildlife species” means those wildlife species exclusive of finfish, that, as determined by the Department, have not historically and naturally occurred in Delaware. Non-native wildlife species include but are not limited to those wildlife species, such as coyotes, that are or become present through natural range expansion or through human actions to include but not limited to unintentional or intentional introduction or release. Non-native wildlife species may include genetically modified native species. Non-native wildlife species do not include wildlife otherwise identified under this title as a game animal, game bird, or form of unprotected wildlife, and do not include feral cats and animals otherwise identified by statute as an agricultural commodity or livestock or determined to be an agriculture commodity or livestock by and in coordination with the Delaware Department of Agriculture.
78 Del. Laws, c. 352, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VIII. Non-native Wildlife › § 801. Non-native wildlife; rules and regulations.

§ 801. Non-native wildlife; rules and regulations.
The Department, with the advice and recommendations of the Freshwater Fish and Wildlife Advisory Council, may establish such rules and regulations concerning the importation, possession, transportation, disposition, introduction, release, elimination, harvest, or management of any non-native wildlife species to include but not limited to invasive wildlife species in any specified localities as it deems necessary or advisable for the protection or conservation of native wildlife species or their habitats or for the protection of agriculture, domestic animals, property, or human health or safety.
78 Del. Laws, c. 352, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VIII. Non-native Wildlife › § 802. Non-native wildlife injurious to native wildlife, agriculture, and other interests.

§ 802. Non-native wildlife injurious to native wildlife, agriculture, and other interests.
The Department may issue an appropriate order authorizing and specifying the times and means for an agency, organization, business, industry, person, or group of persons to take, harvest, or capture any species of non-native wildlife that is or has the potential to become, as determined by the Department upon appropriate evaluation or investigation, seriously injurious to native wildlife or their habitat or to agriculture, domestic animals, property, or human health or safety.
78 Del. Laws, c. 352, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 902. Application of chapter.

§ 902. Application of chapter.
This chapter and any regulations promulgated pursuant to this chapter shall apply to fishing for, and the taking of, finfish, in the tidal waters of the State, except for eels, which is provided for under Chapter 18 of this title. This chapter and any regulations promulgated pursuant to 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.
Code 1915, §  2500;  28 Del. Laws, c. 203;  Code 1935, §  2982;  7 Del. C. 1953, §  901;  64 Del. Laws, c. 251, §  1;  69 Del. Laws, c. 103, §  8;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 903A. Striped bass quotas and tags.

§ 903A. Striped bass quotas and tags.
(a) If a commercial fisherman holds both a valid commercial hook and line and a commercial gill net permit, such fisherman may catch the combined gill net and hook and line quota for striped bass using gill net, hook and line, or both.
(b) If a commercial fisherman holds a valid commercial hook and line permit and not a gill net permit, such fisherman may accept the transfer of another commercial fisherman's hook and line or gill net quota for striped bass. Such fisherman may only catch the combined quota using hook and line.
(c) If a commercial fisherman holds a valid gill net permit and not a hook and line permit, such fisherman may accept the transfer of another commercial fisherman's hook and line or gill net quota for striped bass. Such fisherman may only catch the combined quota using gill net.
(d) A commercial fisherman with a hook and line and/or a gill net permit may use gill net tags during hook and line activities and hook and line tags during gill net activities.
(e) For purposes of this section, the use of transferred quotas or permits in accordance with Chapter 29 of this title is permitted.
81 Del. Laws, c. 130, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 904. Advisory Council on Tidal Finfisheries; establishment; organization; authority.

§ 904. Advisory Council on Tidal Finfisheries; establishment; organization; authority.
(a) There is created an Advisory Council on Tidal Finfisheries to advise the Director on all matters relating to tidal finfisheries management.
(b) The Council shall have 7 members, all of whom shall be appointed by the Governor. Council members shall consist of the following:
(1) Two members who are residents of New Castle County.
(2) Two members who are residents of Kent County.
(3) Two members who are residents of Sussex County.
(4) One member who is a resident of this state to serve as Chair.
(c) In addition to the residency requirements of subsection (b) of this section, council members shall meet the following criteria:
(1) Three council members shall represent recreational finfishing interests, such as the bait and tackle industry, fishing from shore, fishing from a privately owned vessel, or the charter or head boat industry. None of the members representing the recreational finfishing interests shall be a licensed commercial food fisher.
(2) Three council members shall represent commercial finfishing interests, such as the wholesale of seafood, fishing with fixed fishing equipment, and fishing with drifting or hauling fishing equipment.
(3) The Council Chair shall be knowledgeable about finfishing, but impartial to recreational and commercial fishing interests.
(d) No council member shall be employed by the Department.
(e) Appointments to Council shall be for terms of up to 4 years to ensure that no more than 2 members' terms shall expire in any year.
(f) A majority of members appointed to Council shall constitute a quorum to conduct official business.
(g) The Council shall meet and conduct official business after the Chair gives notice to all members of any meeting to be held by the Council, and the Council shall meet no less than once during each quarter of the State's fiscal year.
(h) Members of the Council shall serve without compensation. Each member shall be entitled to reimbursement by the Department from the Finfisheries Development Fund for actual and necessary expenses incurred traveling to and from meetings of the Council.
(i) The Council shall submit a report to the Delaware General Assembly prior to January 1 of each calendar year and said report shall consist of the following:
(1) Council's recommended revisions, additions, or deletions to this chapter, if any.
(2) A summary of Council's activities of the previous year.
(j) A council member may be removed at any time for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.
(1) A member who is absent from 3 consecutive Council meetings without good cause or who attends less than 50% of Council meetings in a calendar year shall be deemed in neglect of duty.
(2) Any member who is deemed in neglect of duty shall be considered to have resigned.
64 Del. Laws, c. 251, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 99, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 907. Equipment and methods used for fishing for game fish.

§ 907. Equipment and methods used for fishing for game fish.
Unless otherwise authorized by the adoption of Department regulation or issuance of Division permits, it shall be illegal for any person to fish for any game fish in the tidal waters of the State with any fishing equipment, or by any method, unless it is provided for in the following subdivisions:
(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) At any 1 time the number of hooks and lines any 1 person shall be permitted to use to fish for any game fish in the tidal waters of the State shall be no more than 2.
Code 1915, §  2503;  28 Del. Laws, cc. 203, 204;  Code 1935, §§  2986, 2987;  44 Del. Laws, c. 154, §  1;  7 Del. C. 1953, §§  905, 906;  57 Del. Laws, c. 146, §§  1, 2;  64 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 908. Equipment and methods used for fishing for bait fish.

§ 908. Equipment and methods used for fishing for bait fish.
Unless otherwise authorized by the adoption of any Department regulation or issuance of Division permits subsequent to April 27, 1984, it shall be illegal for any person to fish for bait fish in the tidal waters of the State with any fishing equipment or by any method, except a hook and line, a fish pot or a fish trap, including a minnow trap, a dip net, a lift net that is operated without the use of power, a push net, a cast net that is operated without the use of power, a spear, a common haul seine that is operated without the use of power, a gill net being fished in more or less a straight line, and a bait seine or a bag net.
28 Del. Laws, c. 203;  Code 1935, §  2988;  7 Del. C. 1953, §  907;  64 Del. Laws, c. 251, §  1;  64 Del. Laws, c. 279, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 909. Fishing for bait fish in tidal waters.

§ 909. Fishing for bait fish in tidal waters.
Unless otherwise provided by adoption of Department regulation subsequent to April 27, 1984, it shall be legal to fish for bait fish in all tidal waters of this State.
64 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 910. Types of fishing equipment and methods used for fishing for food fish.

§ 910. Types of fishing equipment and methods used for fishing for food fish.
(a) Unless otherwise authorized by this chapter or the adoption of any Department regulation or issuance of Division permits subsequent to April 27, 1984, it is illegal for any person to fish for food fish in the tidal waters of the State with any fishing equipment or by any method, except:
(1) A hook and line;
(2) A troll line;
(3) A dip net;
(4) A lift net operated without the use of power;
(5) A push net;
(6) A cast net operated without the use of power;
(7) A spear or harpoon;
(8) A common haul seine operated without the use of power;
(9) A bait seine;
(10) A bag net;
(11) A hoop net not exceeding 72 inches in diameter;
(12) A fyke net not exceeding 72 inches in diameter and with wings or leaders not exceeding 180 feet in length;
(13) A fish pot or fish trap not exceeding 125 cubic feet and with an escape panel constructed of biodegradable netting and measuring at least 8 inches x 8 inches; and
(14) A gill net being fished in more or less a straight line.
(b) A person may land food fish caught with equipment or using a method not permitted under subsection (a) of this section if all of the following exist:
(1) The food fish was caught in the fishery conservation zone under § 901(d) of this title.
(2) The person has all necessary federal and state permits.
(3) The food fish is in compliance with an established state quota.
(4) The food fish was caught using equipment or a method that is legal in the fishery conservation zone.
Code 1915, §  2510A;  28 Del. Laws, c. 203;  30 Del. Laws, c. 180, §  1;  Code 1935, §§  2989, 2996;  7 Del. C. 1953, §§  908, 909;  57 Del. Laws, c. 146, §  3;  61 Del. Laws, c. 256, §  4;  64 Del. Laws, c. 251, §  1;  81 Del. Laws, c. 219, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 911. Scientific permit; issuance; information; expiration; report; equipment marking and identification requirements.

§ 911. Scientific permit; issuance; information; expiration; report; equipment marking and identification requirements.
(a) For purposes that are scientific or for the propagation of finfish, the Director may issue a scientific permit to any scientific or educational institution, consultant, organization and/or person enabling them to fish, possess and/or transport finfish into or from the tidal waters of this State by the use of fishing equipment and/or methods, during times, and at certain locations, that would normally be considered illegal according to this chapter or any Department regulations.
(b) Prior to the issuance of a scientific permit the applicant shall provide the Director with all the information that is requested by any application supplied by the Division to said applicant.
(c) Each scientific permit shall expire on the date set forth in the permit, or on the last day of the calendar year during which the permit was issued, whichever date is earliest.
(d) Each applicant that is issued a scientific permit shall file an information report with the Director within 30 days after the expiration date of said permit. The content of said report shall be determined by the Director at the time the scientific permit is issued.
(e) Each applicant that is issued a scientific permit shall comply with the marking requirements that are set forth in § 920 of this title.
(f) Each applicant that is issued a scientific permit shall be assigned an identification number by the Division and this number shall be attached and maintained in a legible manner on the fishing equipment in the same manner that is required of fisher under § 921 of this title.
(g) Each applicant that is issued a scientific permit shall not be classified a commercial finfisherman for purposes of this chapter, or any Department regulation, provided that the applicant submits all reports to the Director that are required by this chapter and any Department regulation promulgated pursuant to this chapter or any permit condition.
64 Del. Laws, c. 251, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 912. Sale, trade and/or barter of game fish.

§ 912. Sale, trade and/or barter of game fish.
(a) No person who catches or takes any species of game fish from or out of the tidal waters of this State shall sell, trade and/or barter said game fish, unless the Director has authorized such sale, trade or barter by issuing the person a permit.
(b) No person who catches or takes any species of game fish from or out of the tidal waters of this State shall attempt to sell, trade and/or barter said game fish, unless the Director has authorized such attempted sale, trade or barter by issuing the person a permit.
64 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 913. Sale, trade and/or barter of food fish.

§ 913. Sale, trade and/or barter of food fish.
(a) No individual who catches or takes any species of food fish, from or out of the tidal waters of this State shall sell, trade and/or barter said food fish, unless said individual has been issued a valid commercial food fishing license by the Department.
(b) No individual who catches or takes any species of food fish from or out of the tidal waters of this State shall attempt to sell, trade and/or barter said food fish, unless said individual has been issued a valid commercial food fishing license by the Department.
(c) No individual shall purchase, trade for or barter for any food fish, from another individual who catches or takes food fish from or out of the tidal waters of this State unless said other individual who catches or takes food fish from or out of the tidal waters of this State possesses a valid commercial food fishing license.
(d) No individual shall fish with a drifting gill net unless said individual has been issued a valid commercial food fisher's license and appropriate fishing equipment permits by the Department.
(e) No individual who catches or takes any species of food fish from or out of the tidal waters of this State shall give or transfer said food fish without compensation to another individual for subsequent sale, trade or barter unless the individual giving or transferring said food fish has been issued a valid commercial food fishing license by the Department.
(f) No individual shall sell, trade and/or barter or attempt to sell, trade and/or barter any food fish taken with food fishing equipment for which a food fishing equipment permit has been issued to a recreational finfisher.
(g) Any person who violates subsection (a), (b), (c), (d) or (f) of this section shall be guilty of a Class C environmental violation.
(h) Any person who violates subsection (e) of this section shall be guilty of a Class D environmental violation. Each food fish purchased, traded or bartered for shall constitute a separate violation.
64 Del. Laws, c. 251, §  1;  65 Del. Laws, c. 193, §§  1-4;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 579, §§  1, 2;  79 Del. Laws, c. 421, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 914. Commercial food fishing license; requirements and fees.

§ 914. Commercial food fishing license; requirements and fees.
A commercial food fishing license shall be issued to an individual in accordance with the requirements and procedure set forth below in this section:
(1) The fee for a commercial food fishing license for an individual who is a resident of this State shall be $150.
(2) The fee for a commercial food fishing license for an individual who is a nonresident of this State shall be $1,500, except that for a resident of the State of New Jersey, who qualifies as a commercial fisher to obtain a food fishing equipment permit for gill net to fish 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 the fee shall be $150.
(3) 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 commercial fishing for food fish 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 license for nonresidents, the similar or identical taxes, other fees, license requirements and restrictions shall be imposed by the Department upon the residents of that state who seek to apply for a commercial food fishing license from the Department to fish within the boundaries of this State.
(4) A commercial food fishing license shall expire on the last day of the calendar year in which said license is issued by the Department.
(5) The Department shall not issue any commercial food fishing license after December 31 in any calendar year.
(6) All commercial food fishing license holders shall file monthly reports of their catch by effort, species and weight on forms provided by the Department.
64 Del. Laws, c. 251, §  1;  67 Del. Laws, c. 184, §  1;  70 Del. Laws, c. 56, §§  1, 2;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 496, §  1;  73 Del. Laws, c. 124, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 916. Finfisheries Development Fund.

§ 916. Finfisheries Development Fund.
(a) There is hereby established a Finfisheries Development Fund, which shall be funded by the following sources:
(1) Moneys received by the Department for commercial food fishing license fees and food fishing equipment permits;
(2) Moneys received from the payment of fines for committing a violation of this chapter or regulations or permits promulgated or issued pursuant to this chapter; and
(3) Moneys received from the sale of the following confiscated or unclaimed items:
fishing equipment or any perishable item that has been taken into possession or custody by the Department and could have been used as evidence.
(b) Finfisheries development funds shall be used only for the following purposes:
(1) The development and maintenance of finfishing facilities in the State that are used to aid and assist finfishers;
(2) Actual and necessary traveling expenses incurred by members of the Council in connection with their attendance at Council meetings;
(3) Actual and necessary travel, lodging and food expenses incurred by members of the Council or the designee of the Council in connection with attendance at interstate fish management meetings whenever federal funds are not available;
(4) Postage for mailing notices of public hearings, fishery reports and other materials related to finfisheries management;
(5) Printing materials pertaining to the promulgation of regulations, printing notices of public hearings and other meetings, printing announcements and printing information pertinent to finfisheries management;
(6) Conducting research on, and taking inventories of, finfish of significance to Delaware's commercial and recreational fishers, such research and inventorying to be contracted out or performed by Department personnel.
(c) For the purposes of implementing subsection (b) of this section, all moneys received from the sources set forth in subsection (a) of this section shall be deposited at least monthly with the State Treasurer. The State Treasurer shall retain said moneys in a special fund until expended upon proper vouchers of the Department to carry out the purposes of subsection (b) of this section.
64 Del. Laws, c. 251, §  1;  65 Del. Laws, c. 192, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 918. Interfering with fishing equipment.

§ 918. Interfering with fishing equipment.
No person shall, except in an emergency, interfere with, break, damage or destroy any fishing equipment that is being used in the tidal waters of this State for the taking of any finfish in a manner provided for by this chapter or any regulation promulgated or permit issued by the Department pursuant to this chapter.
Code 1915, §  2510;  28 Del. Laws, c. 203;  Code 1935, §  2998;  7 Del. C. 1953, §  911;  64 Del. Laws, c. 251, §  1;  65 Del. Laws, c. 193, §§  7, 8;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 919. Menhaden fishing; penalties.

§ 919. Menhaden fishing; penalties.
(a) It shall be unlawful for any person to fish, use, employ or attempt to fish, use or employ any purse seine to take or attempt to take menhaden in the tidal waters of this State.
(b)-(h) [Repealed.]
(i) Whoever violates this section shall be guilty of a Class A environmental misdemeanor.
59 Del. Laws, c. 418, §  1;  64 Del. Laws, c. 115, §§  1-3;  68 Del. Laws, c. 320, §  1;  79 Del. Laws, c. 421, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 921. Identification requirements for equipment.

§ 921. Identification requirements for equipment.
No fisher shall fish with any food fishing equipment in the tidal waters of this State that is permitted under the provisions of § 915 of this title that does not have attached to it a fisher's food fishing equipment permit number that is assigned by the Department. The permit number shall be attached to all required end red or international orange flags or floats and shall also be attached to all white markers required for fish pots and/or traps. The permit number attached to the aforementioned items shall be maintained so that the permit number is legible and readable at all times during its use. The permit number once attached to the aforementioned items shall be at least 2 inches high, and in block style numerals, and attached in such a manner that it is visible above the surface of the water. Reflective tape may be used to form the license number to be attached to the aforementioned items.
64 Del. Laws, c. 251, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 922. Length restrictions on certain nets.

§ 922. Length restrictions on certain nets.
No person shall fish in Delaware's internal waters with any 1 gill net that exceeds 200 yards in length, or fish in said waters with more than 1 gill net in a continuous series when the series of gill nets exceeds 500 yards in total length, unless each 200 yard-long net is separated from another single gill net by a distance of at least 150 feet between the required end red or international orange flags or each 500 yard-long series of nets is separated by a distance of at least 150 feet between the required end red or international orange flags.
64 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 924. Unattended fishing equipment.

§ 924. Unattended fishing equipment.
(a) No person shall leave fixed fishing equipment that is being fished in the tidal waters of this State unattended for any longer than 48 hours unless inclement weather provides for unsafe navigation.
(b) No person shall leave drifting fishing equipment that is being fished in the tidal waters of this State unattended at any time; insofar that the person fishing said drifting fishing equipment shall remain on his or her vessel and within sighting distance of said equipment.
64 Del. Laws, c. 251, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 925. Fishing with explosives, chemicals, poisons and other devices; exception for Department and agents.

§ 925. Fishing with explosives, chemicals, poisons and other devices; exception for Department and agents.
(a) No person shall fish for finfish in the tidal waters of the State with any explosives, chemicals, poisons and/or poisoned baits or other substances or devices employing explosives, electricity, chemicals or poisons, unless it is otherwise specified as a legal means to fish for and/or take finfish in this chapter or any regulation promulgated by the Department or permit issued by the Division.
(b) The use of electric lights shall be illegal for commercial fishing, except lights required by the U.S. Coast Guard and lights used for illumination for visual purposes.
(c) The Department and its authorized agents may use fish suffocants, shockers and/or similar devices and materials for fish management and/or scientific purposes, provided that written permission to do so is obtained from the Director beforehand.
Code 1915, §  2511;  28 Del. Laws, c. 203;  Code 1935, §  2999;  7 Del. C. 1953, §  912;  64 Del. Laws, c. 251, §  1;  65 Del. Laws, c. 193, §  10;  79 Del. Laws, c. 263, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 926. Extracting oil or making fertilizer from food and game fish; penalty.

§ 926. Extracting oil or making fertilizer from food and game fish; penalty.
(a) No person shall have in his or her possession and/or bring into this State any finfish, other than menhaden, legally taken in this State or other waters, for the purpose of extracting oil therefrom, and/or for the purpose of converting such finfish into fertilizer. The parts of a processed legally taken finfish not to be used for human consumption, including the entrails, bones, fins and other waste parts thereof, may be further reduced or rendered for use as fertilizer and/or animal feed products.
(b) Any person who violates this section shall be guilty of a class B environmental misdemeanor.
Code 1915, §  2520;  28 Del. Laws, c. 203;  Code 1935, §  3008;  7 Del. C. 1953, §  914;  64 Del. Laws, c. 251, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 421, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 927. Fishing with trawl nets, purse seines, run around gill nets; penalty; exceptions.

§ 927. Fishing with trawl nets, purse seines, run around gill nets; penalty; exceptions.
(a) No person shall fish with or use in the tidal waters of this State any type of trawl net that is operated in any manner by wind or sail power, motor power, hydraulics, pulleys, by being pulled by a power vessel or other mechanical advantage, or any purse seine operated in any manner, or any run around gill net, except as provided by §§ 911 and 919 of this title.
(b) Any person who is determined to be in violation of this section shall be fined not less than $2,000 and not more than $5,000, plus the payment of costs, and/or imprisoned for up to 6 months; and for any subsequent violation of this section the person shall be fined not less than $5,000, plus the payment of costs, and/or imprisoned for up to 6 months.
(c) Any authorized employee of the Department who has probable cause to believe that there is or has been a violation of this section may seize the following items under the following conditions:
(1) Any finfish located, found, retained, taken and/or caught in violation of this section; or
(2) Any other item to be used as evidence in any case to be brought for violation of this section.
(d) Any authorized employee of the Department who has seized finfish pursuant to this section shall comply with § 935 of this title.
(e) Any authorized employee of the Department who has seized any finfish or other items pursuant to this section may seek to have said finfish or items forfeited, in which case the Superior Court shall have jurisdiction over the alleged violation if the fair market value of the forfeited finfish or other items exceeds $100, and any forfeiture of the finfish or other items shall be in accordance with the rules of procedure for the Superior Court. The Justice of Peace Courts shall have jurisdiction over any violation in which the forfeiture sought is of finfish or other items of $100 or less in fair market value.
64 Del. Laws, c. 251, §  1;  65 Del. Laws, c. 193, §§  11, 12;  73 Del. Laws, c. 241, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 928. Interstate transfer of finfish.

§ 928. Interstate transfer of finfish.
(a) No person who catches food fish outside the jurisdictional boundaries of the State shall land and/or transfer said food fish from said person's vessel to a shore or any facility located in the State for the purpose of transporting, selling, packing and/or processing said food fish, except for taxidermy purposes, unless said person has been issued by the Department a valid commercial food fishing license in accordance with § 913 and § 914 of this title.
(b) Any person who catches food fish outside the jurisdictional boundaries of the State and then has said food fish transported into this State by means other than by a vessel for the purpose of transporting, selling, packing and/or processing said food fish shall not be required to acquire a commercial food fishing license from the Department.
64 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 928A. Trade in shark fins; penalty.

§ 928A. Trade in shark fins; penalty.
(a) For the purpose of this section:
(1) “Shark” shall mean any species of the subclass Elasmbranchii, exclusive of the Spiny dogfish (Squalus acanthias) and Smooth dogfish (Mustelus canis); and
(2) “Shark fin” shall mean the raw, dried or otherwise processed detached fin, or the raw, dried or otherwise processed detached tail, of a shark.
(b) Except as otherwise provided in this section, no person shall possess, sell, offer for sale, trade or distribute a shark fin.
(c) Any person who holds a license and permit issued by the Department to take or land sharks for commercial purposes may possess or distribute, but not sell within Delaware, a shark fin taken or landed by that person pursuant to, and consistent with, the terms of that license or permit.
(d) Any person holding a license issued by the Department, or those persons exempt from licensing requirements concerning taking or landing sharks for recreational purposes, may possess a shark fin taken or landed by that person for personal use.
(e) The Department may issue scientific permits pursuant to § 911 of this title permitting possession of a shark fin for bona fide scientific research purposes.
(f) Any shark fin seized by the Department through the enforcement of this section shall upon forfeiture be destroyed by the Department, and not sold.
(g) Changes, deletions, or additions relative to new fisheries subject to this section may be devised and enacted by the General Assembly or by the Department regulatory process.
(h) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.
79 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 929. Size limits on finfish; exceptions [Subject to the provisions of 64 Del. Laws, c. 251, § 4].

§ 929. Size limits on finfish; exceptions [Subject to the provisions of 64 Del. Laws, c. 251, § 4].
(a) Unless otherwise provided in this chapter or by regulation promulgated by the Department or permit issued by the Division subsequent to April 27, 1984, no person shall possess any finfish listed in this section or any regulations promulgated by the Department that measure less than the dimensions set forth in this section or any regulation promulgated by the Department, unless said finfish is the legal product of artificial propagation and aquaculture authorized under permit issued by the Division. The dimensions of said finfish shall be the total measured from the tip of its snout to the furthest tip of its tail.
(b) Unless otherwise provided in this chapter or by regulation promulgated by the Department or permit issued by the Division subsequent to April 27, 1984, no person shall possess any finfish in the State unless said finfish has at least the following dimensions:
(1) Striped bass (Morone saxatilis) taken from or caught in Delaware's internal waters shall have a minimum length of 14 inches;
(2) Striped bass taken from or caught in Delaware's territorial sea shall have a minimum length of 24 inches;
(3) Weakfish (Cynoscion regalis):
The minimum length of a weakfish shall be 10 inches;
(4) Atlantic croaker (Micropogan undulatus):
The minimum length of an Atlantic croaker shall be 8 inches;
(5) Atlantic sturgeon (Acipenser oxyrhynchus):
The minimum length of an Atlantic sturgeon shall be 54 inches;
(6) Summer flounder (Paralichthys dentatus):
The minimum length of a summer flounder shall be 12 inches;
(7) Tautog (Tautoga onitis):
The minimum length of a tautog shall be 12 inches; and
(8) White perch (Marone americana):
The minimum length of white perch shall be 8 inches.
(c) Any person, who comes into possession by purchasing, trading or bartering for, any finfish measuring less than the dimensions set forth in this section or the dimensions set forth in any regulation promulgated by the Department, shall immediately report the possession of said finfish to the Department and then dispose of said finfish in a manner directed by the Department provided that none may be sold, traded or bartered.
(d) [Repealed.]
64 Del. Laws, c. 251, §  1;  65 Del. Laws, c. 407, §§  1, 2;  65 Del. Laws, c. 408, §  2;  67 Del. Laws, c. 293, §  1;  70 Del. Laws, c. 55, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 9. FINFISHING IN TIDAL WATERS › § 930. Striped bass spawning areas.

§ 930. Striped bass spawning areas.
(a) For purposes of this chapter or any regulation promulgated by the Department or permit issued by the Division, striped bass spawning areas in the State shall mean the Nanticoke River and its tributaries and the Chesapeake and Delaware Canal.
(b) The Department may promulgate regulations pertaining to spawning area restrictions.
64 Del. Laws, c. 251, §  1;