3300 Non-Tidal Finfish
3301 Definitions
1.0 For purposes of Regulations 3301 through 3308, the following words and phrases shall have the meaning ascribed to them, unless the context clearly indicates otherwise:
Administered by the Division shall mean owned, leased or licensed by the Division.
Bait shall mean any nontoxic food material, compound or mixture of ingredients which wildlife is able to consume.
Baited Field shall include any farm field, woodland, marsh, water body or other tract of land where minerals, grain, fruit, crop or other nontoxic compounds have been placed to attract wildlife to be hunted.
Designated Trout Stream shall mean:
Beaver Run, from the boundary line between this State and the Commonwealth of Pennsylvania to the Brandywine River.
Christina Creek, from the boundary line between this State and the State of Maryland through Rittenhouse Park;
Mill Creek, from Brackenville Road to Route 7;
Pike Creek, from Route 72 to Henderson Road;
White Clay Creek, from the boundary line between this State and the Commonwealth of Pennsylvania to the downstream side of Paper Mill Road;
Wilson Run, from Route 92 through Brandywine Creek State Park; and
Director shall mean the Director or Acting Director of the Division.
Division shall mean the Division of Fish and Wildlife of the Department.
Established Road shall mean a road maintained for vehicular use by the Division and designated for such use by the Division on current wildlife area maps.
Fishing or “to fish” shall mean to take, catch, kill or reduce to possession or attempt to take, catch, kill or reduce to possession any fish by any means whatsoever.
Game Fish shall include smallmouth bass, largemouth bass, black or white crappie, rock bass, white bass, walleye, northern pike, chain pickerel, muskellunge (or hybrids), salmon, trout, sunfishes and white bass/striped bass hybrids.
Possession shall mean either actual or constructive possession of or any control over the object referred to.
Refuge shall mean an area of land, whether in public or private ownership, designated by the Department as a refuge. Land shall only be designated with the permission of the landowner and if such designation is thought to be in the best interest of the conservation of wildlife. Refuges shall normally be closed at all times to all forms of hunting, except as permitted by the Director in writing for wildlife management purposes.
Restricted Trout Stream shall mean the White Clay Creek from a point 25 yards above Thompson Bridge at Chambers Rock Road to the boundary line between this State and the Commonwealth of Pennsylvania.
Roadway shall mean any road, lane or street, including associated right-of-ways, maintained by this State or any political subdivision of this State.
Season shall mean that period of time during which a designated species of wildlife may be lawfully hunted or a designated species of fish may be lawfully fished.
Vehicle shall include any means in or by which someone travels or something is carried or conveyed or a means of conveyance or transport, whether or not propelled by its own power.
3 DE Reg. 289 (8/1/99)
3 DE Reg. 1738 (6/1/00)
3302 Special Permits (Formerly NT-1)
1.0 The Director may issue a permit authorizing the holder thereof to fish by means of nets or other device from any of the non-tidal waters of this State, provided the fishing serves a research, management or educational purpose.
3 DE Reg. 289 (8/1/99)
3303 Method of Take (Formerly NT-4)
(Penalty Section 7 Del.C. §1304)
1.0 Non-tidal Waters.
1.1 It shall be unlawful for any person to take fish from the non-tidal waters of this State, except by means of hook and line while under the immediate observation of the person using same. Carp and shad may be taken as set forth otherwise in this regulation.
2.0 Carp.
2.1 It shall be unlawful for any person to take carp, except by the following methods: hook and line; bow and arrow; and spear. Carp may be taken with a seine from freshwater ponds and non-tidal streams with permission from the Director and under the supervision of a representative of the Division.
3.0 Shad.
3.1 Except as otherwise provided by law, it shall be unlawful for any person to take shad, except by hook and line, provided said line has no more than two (2) lures attached. Each lure may have no more than one (1) single pointed hook.
4.0 Snagging of Game Fish.
4.1 It shall be unlawful for any person to fish in the non-tidal waters of this State with hooks (single, double or treble) knowingly used to snag or otherwise catch or attempt to snag or otherwise catch any game fish by hooking said game fish in any part of the anatomy other than in the mouth.
5.0 Fish Ladders.
5.1 It shall be unlawful for any person to fish within ten (10) feet of an entrance or exit of a fish ladder or to remove fish from any fish ladder between March 15 and May 30.
3 DE Reg. 289 (8/1/99)
3304 Creel Limits and Seasons (Formerly NT-2)
(Penalty Section 7 Del.C. §1304)
1.0 Closed Seasons.
1.1 Unless otherwise provided by law or regulation of the Department, there shall be no closed season, size limits or possession limits on any species of fish taken by hook and line in any non-tidal waters of this State.
2.0 Bass.
2.1 Statewide limits.
2.1.1 It shall be unlawful for any person to have in possession more than six (6) largemouth and/or smallmouth bass at or between the place where said largemouth and/or smallmouth bass were caught and said person’s personal abode or temporary or transient place of lodging.
2.1.2 Unless otherwise authorized in this regulation, it shall be unlawful for any person to possess any largemouth bass that measure less than twelve (12) inches in total length. Any largemouth bass taken which is less than the twelve (12) inches in total length shall be immediately returned to the water with the least possible injury.
2.1.3 It shall be unlawful for any person to possess any smallmouth bass measuring from twelve (12) inches to and including (17) inches in total length. Any smallmouth bass taken which is greater than twelve (12) inches and less than seventeen (17) inches shall be immediately returned to the water with the least possible injury.
2.1.4 Notwithstanding 2.1.1 of this section, it shall be unlawful for any person to have in possession more than one (1) smallmouth bass measuring more than seventeen (17) inches in total length at or between the place where said smallmouth bass was caught and said person’s personal abode or temporary or transient place of lodging.
2.1.5 It shall be lawful for any person to have in possession while fishing up to six (6) smallmouth bass that are less than twelve (12) inches in total length.
2.2 Becks Pond.
2.2.1 Notwithstanding 2.1.1 of this section, it shall be unlawful for any person to have in possession while fishing on Becks Pond more than two (2) largemouth bass.
2.2.2 Notwithstanding 2.1.2 of this section, it shall be unlawful for any person to have in possession while fishing on Becks Pond any largemouth bass less than fifteen (15) inches in total length. Any largemouth bass less than fifteen (15) inches in total length shall be immediately returned to Becks Pond with the least possible injury.
2.3 Andrews Lake.
2.3.1 Notwithstanding 2.1.1 of this section, it shall be unlawful for any person to have in possession while fishing on Andrews Lake more than one (1) largemouth bass of the six (6) allowed in possession to be larger than fifteen (15) inches in total length. Largemouth bass measuring less than twelve (12) inches may be taken and possessed within the six (6) allowed in possession while fishing on Andrews Lake.
2.3.2 Notwithstanding 2.1.2 of this section, it shall be unlawful for any person to have in possession while fishing on Andrews Lake any largemouth bass measuring from twelve (12) inches to and including fifteen (15) inches in total length.
2.4 Derby Pond and Hearns Pond.
2.4.1 Notwithstanding 2.1 of this section, it shall be unlawful for any person to have in possession while fishing on Derby Pond or Hearns Pond more than one (1) largemouth bass of the six (6) allowed in possession to be larger than eighteen (18) inches. Largemouth bass measuring less than fifteen (15) inches may be taken and retained up to the legal possession limit while fishing on Derby Pond or Hearns Pond.
2.4.2 Notwithstanding the provisions of 2.1.2 of this section, it shall be unlawful for any person to have in possession while fishing on Derby Pond or Hearns Pond any largemouth bass measuring from fifteen (15) inches to and including eighteen (18) inches in total length.
2.5 Trout.
2.5.1 Season. It shall be unlawful for any person to fish for rainbow, brown and/or brook trout in designated trout streams, except between and including the first Saturday of April and the second Saturday of March of each succeeding year.
2.5.2 Hours of Fishing. It shall be unlawful for any person to fish for rainbow, brown and/or brook trout in designated trout streams on the opening day of the trout season before 7:30 a.m. and thereafter for the remainder of the trout season between one-half hour after sunset and one-half hour before sunrise.
2.5.3 Possession. It shall be unlawful for any person to catch and/or have in his or her possession in any one day during the prescribed open season more than six (6) rainbow, brown and/or brook trout. On any day after a person takes his or her legal limit of trout, said person shall be prohibited from fishing in a designated trout stream on the same day, unless otherwise authorized by law or this regulation.
2.5.4 Trout Stamp. It shall be unlawful for any person to fish in a designated trout stream on or before the first Saturday in April and June 30, of the same year, and on or before the first Saturday in October and November 30, of the same year, unless said person has in his or her possession a valid trout stamp, or, unless said person is exempted by law from having a trout stamp.
2.5.5 Restricted Trout Stream.
2.5.5.1 It shall be unlawful for any person to fish in a restricted trout stream with more than two (2) flies on a line at any one time.
2.5.5.2 It shall be unlawful for any person to use any metallic, wooden, plastic or rubber spinners, spoons, lures, plugs and/or natural bait on any restricted trout stream.
2.5.5.3 It shall be unlawful for any person to have in his or her possession more than four (4) trout within 50 feet of any restricted trout stream. On the restricted trout stream only, trout may be caught and released as long as the four (4) trout possession limit is not exceeded. All trout released must be returned to the water as quickly as possible with the least possible injury.
2.5.6 Closure of Trout Stream. It shall be unlawful for any person to fish in a designated trout stream within two weeks (14 days) of a scheduled opening of the trout season.
2.6 Striped Bass (hybrids)
2.6.1 It shall be unlawful for any person to have in his or her possession while fishing in the non-tidal waters of this State more than two (2) striped bass (Morone saxatilis) and/or striped bass hybrids (Morone saxatilis crysops) or any striped bass or striped bass hybrid under the length of fifteen (15) inches measured from the tip of the snout to the tip of the tail.
2.7 Panfish Limits.
2.7.1 It shall be unlawful for any person to have in possession while fishing in any State-owned non-tidal water more than fifty (50) panfish in aggregate to include bluegill, pumpkinseed, redear sunfish, black crappie, white crappie, white perch or yellow perch, provided no more than twenty-five (25) of the fifty (50) allowed in possession are of any one species.
3 DE Reg. 289 (8/1/99)
3 DE Reg. 1738 (6/1/00)
3305 Ice Fishing (Formerly NT-5)
(Penalty Section 7 Del.C. §1304)
1.0 Restrictions.
1.1 It shall be unlawful for any person to fish more than five (5) hook and lines in non-tidal water through ice.
1.2 It shall be unlawful for any person to leave any hook and line being fished through the ice unattended.
1.3 It shall be unlawful for any person to fish in non-tidal water through ice with any line having more than three hooks.
3 DE Reg. 289 (8/1/99)
3306 Closure of Department Ponds During Drawdowns (Formerly NT-3)
(Penalty Section 7 Del.C. §1304)
1.0 It shall be unlawful for any person to fish in any pond or lake administered by the Department when the water level in said pond or lake is lowered for the purpose of aiding in the control of aquatic vegetation, the conservation of fishes or the repair of water control facilities, provided said pond or lake is duly posted with signs by the Division that state said pond or lake is closed to fishing.
3 DE Reg. 289 (8/1/99)
3307 Speed and Wake of Motorboats on Division Ponds (Formerly NT-6)
(Penalty Section 7 Del.C. §1304)
1.0 It shall be unlawful for any person to operate a motorized vessel, except at a slow-no-wake speed, on any pond or lake administered by the Division.
3 DE Reg. 289 (8/1/99)
3308 Fish Stocking Practices (Formerly NT-7)
(Penalty Section 7 Del.C. §1304)
1.0 Stocking Fish Practices.
1.1 It shall be unlawful for any person to stock any species of fish into the non-tidal public waters of this State without the written permission of the Director. This regulation does not prohibit the stocking of private impoundments.
2.0 Transportation, Possession and Sale.
2.1 It shall be unlawful for any person to transport, purchase, possess, or sell walking catfish (Clarius batrachus) or the white amur or grass carp (Ctenopharyngodon idella) or live northern snakehead fish (Channa argus) or blotched snakehead fish (Channa maculata) without the written permission of the Director.
3 DE Reg. 289 (8/1/99)
8 DE Reg. 1315 (3/1/05)
3309 Lake Como (Formerly NT-8)
(Penalty Section 7 Del.C. §1304)
It shall be unlawful for any person to use or have in his or her possession any live fish, as bait, while fishing on Lake Como.
3 DE Reg. 289 (8/1/99)
3310 Severability
If any section, subsection, paragraph, sentence, phrase or word of these regulations is declared unconstitutional by a court of competent jurisdiction, the remainder of these regulations shall remain unimpaired and shall continue in full force and effect, and proceedings thereunder shall not be affected.
3 DE Reg. 289 (8/1/99)
Please note: The DNREC regulations provided on this web site are not a complete list DNREC’s regulations. The State Registrar of Regulations, working in conjunction with DNREC, is working toward populating this site over time with all of DNREC’s regulations, however this effort will not be complete until sometime in 2008. In the meantime, please refer to DNREC’s website for a more complete listing of DNREC’s regulations. DNREC’s website can be reached through the following link http://www.dnrec.state.de.us/DNREC2000/Rules.asp
