§ 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.

Legislative History

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