Title 7 DNREC
3000 Division of Fish and Wildlife
3000 Division of Fish and Wildlife
3500 Tidal Finfish
3501 Bass
3502 Striped Bass Spawning Season and Area Restrictions. (Formerly Tidal Finfish Reg. 2)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 The spawning season for striped bass (Morone saxatilis) in Delaware shall begin at 12:01 A.M. on April 1 and continue through midnight on May 31 of each calendar year.
2.0 It shall be unlawful for any person to take and retain any striped bass during the striped bass spawning season from the Nanticoke River or its tributaries, the Delaware River and its tributaries to the north of a line extending due east beginning at and including the south jetty at the mouth of the C & D Canal, or the C & D Canal or its tributaries.
3.0 It shall be unlawful for any person to fish a fixed gill net in the Nanticoke River or its tributaries or the C & D Canal or its tributaries during the striped bass spawning season.
4.0 It shall be unlawful for any person to fish during the striped bass spawning season in the Nanticoke River or its tributaries or the C & D Canal or its tributaries with a draft gill net of multi- or mono-filament twine larger than 0.28 millimeters in diameter (size #69) or a stretched mesh size larger than five and one-half (5 1/2) inches.
5.0 It shall be unlawful for any person to fish any fixed gill net in the Delaware River north of a line beginning at Liston Point (River Mile 48.06) and continuing due east to the boundary with New Jersey during January, February, March, April or May.
6.0 It shall be unlawful for any person to fish during the striped bass spawning season defined in 3502 section 1.0 and in the areas defined in 3502 section 2.0 with natural bait using any hook other than a non-offset circle hook when said hook measures greater than three-eighths (3/8s) inches as measured from the point of the hook to the shank of the hook.
8 DE Reg 1169 (2/1/05)
3503 Striped Bass Recreational Fishing Seasons; Methods of Take; Creel Limit; Possession Limit. (Formerly Tidal Finfish Reg. 6)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be lawful for any person to take and reduce to possession striped bass from the tidal waters of this State at any time except as otherwise set forth in this regulation or in Tidal Finfish Regulations 3502 and 3504.
2.0 It shall be unlawful for any recreational fisherman to take or attempt to take any striped bass from the tidal waters of this State with any fishing equipment other than a hook and line or a spear while said recreational fisherman using the spear is underwater. Recreational gill net permittees are not authorized to take and reduce to possession any striped bass in gill nets.
3.0 Unless otherwise authorized, it shall be unlawful for any recreational fisherman to take and reduce to possession more than two (2) striped bass per day (a day being 24 hours) from the tidal waters of this State. Any striped bass taken from the tidal waters of this State that is not immediately returned, without unnecessary injury, to the same waters from which it was taken, is deemed taken and reduced to possession for purposes of this subsection.
4.0 Unless otherwise authorized, it shall be unlawful for any recreational fisherman to have in possession more than two (2) striped bass at or between the place said striped bass was taken and said fisherman's personal abode or temporary or transient place of lodging.
7 DE Reg. 1205 (3/1/04)
3504 Striped Bass Possession Size Limit; Exceptions. (Formerly Tidal Finfish Reg. 7)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 Notwithstanding, the provisions of 7 Del.C. §929(b)(1), it shall be unlawful for any recreational fisherman to take and reduce to possession any striped bass that measures less than twenty-eight (28) inches in total length.
2.0 Notwithstanding, the provisions of 7 Del.C. §929(b)(1), it shall be unlawful for any commercial food fisherman to take and reduce to possession any striped bass that measure less than twenty-eight (28) inches in total length from the tidal waters of this State except that commercial gill net fishermen may take striped bass measuring no less than twenty (20) inches in total length from the tidal waters of the Delaware River and Delaware Bay or their tributaries during the period from February 15 through May 31 or from the tidal waters of the Nanticoke River or its tributaries during the period from February 15 through the month of March.
3.0 It shall be unlawful for any person to possess a striped bass that measures less than 28 inches, total length, unless said striped bass is in one or more of the following categories:
3.1 It has affixed, a valid strap tag issued by the Department to a commercial gill net fisherman and was legally taken and tagged by said commercial gill net fisherman from the tidal waters of the Delaware River and Delaware Bay or their tributaries during the period from February 15 through May 31; or from the tidal waters of the Nanticoke River or its tributaries during the period from February 15 through the month of March; or
3.2 It was legally landed in another state for commercial purposes and has affixed a valid tag issued by said state's marine fishery authority; or
3.3 It entered Delaware packed or contained for shipment, either fresh or frozen, and accompanied by a bill-of-lading with a destination to a state other than Delaware; or
3.4 It was legally landed in another state for non commercial purposes by the person in possession of said striped bass and there is affixed to either the striped bass or the container in which the striped bass is contained a tag that depicts the name and address of the person landing said striped bass and the date, location, and state in which said striped bass was landed; or
3.5 It is the product of a legal aquaculture operation and the person in possession has a written bill of sale or receipt for said striped bass.
4.0 It shall be unlawful for any commercial finfisherman to possess any striped bass for which the total length has been altered in any way prior to selling, trading or bartering said striped bass.
5.0 The words "land" and "landed" shall mean to put or cause to go on shore from a vessel.
6.0 It shall be unlawful for any person to land any striped bass that measures less than twenty-eight (28) inches in total length at any time, except those striped bass caught in a commercial gill net legally fished in the waters of Delaware River or Delaware Bay or their tributaries during the period from February 15 through May 31 or from a commercial gill net legally fished in the tidal waters of the Nanticoke River or its tributaries during the period from February 15 through the month of March.
7.0 It shall be unlawful for a commercial finfisherman authorized to fish during Delaware's commercial striped bass fishery to land any striped bass that measures less than twenty (20) inches in total length.
3 DE Reg 1088 (2/1/00)
4 DE Reg 230 (7/1/00)
4 DE Reg 1552 (3/1/01)
6 DE Reg 1512 (5/1/01)
7 DE Reg 1205 (3/1/04)
8 DE Reg. 1718 (6/1/05)
3505 Striped Bass Commercial Fishing Seasons; Quotas; Tagging and Reporting Requirements. (Formerly Tidal Finfish Reg. 8)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any commercial food fisherman using a gill net to take and reduce to possession any striped bass at any time except when said commercial food fisherman is authorized by the Department to participate in a commercial gill net fishery for striped bass established herein. A commercial food fisherman may use a gill net to take and reduce to possession striped bass during the period beginning at 12:01 A.M. on February 15 and ending at 4:00 P.M. on May 31 next ensuing. It shall be unlawful to use any gill net having a stretched-mesh size greater than four (4) inches to take striped bass during the period February 15 until and including the last day in February unless the net is drifted. A commercial food fisherman may use a gill net to take and reduce to possession striped bass during the period beginning at 12:01 A.M. on November 15 and ending at 4:00 P.M. on December 31 next ensuing provided at least two (2) percent of the commercial allocation of striped bass for the gill net fishery, as determined by the Department, was not landed in the February - May gill net fishery. In order for a commercial food fisherman to be authorized by the Department to participate in a commercial gill net fishery, said commercial food fisherman shall have a valid food fishing equipment permit for a gill net and shall register in writing with the Department to participate in said fishery by February 1 for the February 15 - May 31 gill net fishery and by November 1 for the December gill net fishery.
2.0 It shall be unlawful for any commercial food fisherman using a hook and line to take and reduce to possession any striped bass at any time except when said commercial food fisherman is authorized by the Department to participate in a commercial hook and line fishery for striped bass established herein. A commercial food fisherman may use a hook and line to take and reduce to possession striped bass during the period beginning at 12:01 A.M. on April 1 and ending at 4:00 P.M. on December 31 next ensuing. In order for a commercial food fisherman to be authorized to participate in the commercial hook and line fishery, said commercial food fisherman shall register in writing with the Department to participate in said fishery by March 15.
3.0 It shall be unlawful for any commercial food fisherman using a hook and line, during the striped bass hook and line fishery established for subsection 2.0 herein, to take striped bass by means of a gill net or to have any gill net on board or to otherwise have in possession on or near his person any gill net.
4.0 The striped bass gill net fishery in February - May, the striped bass gill net fishery in November - December and the striped bass hook and line fishery in April - December shall be considered separate striped bass fisheries. Each participant in a striped bass fishery shall be assigned an equal share of the total pounds of striped bass allotted by the Department to that fishery. A share shall be determined by dividing the number of pre-registered participants in that fishery into the total pounds of striped bass allotted to that fishery by the Department. The total pounds of striped bass allotted to each fishery by the Department shall be as follows: 95% of the State’s commercial quota, as determined by the ASMFC, for the February 15 - May 31 gill net fishery, 10% of the State's commercial quota for the April - December hook and line fishery and, provided that in excess of two (2) % of the February 15 - May 31 gill net fishery allocation was not landed, said remainder for the November - December gill net fishery. Any overage of the State's commercial quota will be subtracted from the next year's commercial quota proportionally to the appropriate fishery.
5.0 It shall be unlawful for any commercial food fisherman to land, during a striped bass fishing season, more than the total pounds assigned by the Department to said individual commercial food fisherman.
6.0 It shall be unlawful for any commercial food fisherman to possess any striped bass that does not have locked into place through the mouth and gill a tag issued to said commercial fisherman by the Department. Said tag shall be locked into place immediately after taking said striped bass.
7.0 The Department shall issue tags to commercial food fishermen who register in writing with the Department to participate in a striped bass fishery. Each participant shall initially be issued a quantity of tags that is to be determined by the Department by dividing said participants assigned share in pounds by the estimated weight of a striped bass expected to be landed. If a commercial food fisherman needs additional tags to fulfill his or her assigned share, the Department shall issue additional tags after verifying the balance of the share from reports submitted by an official weigh station to the Department.
8.0 It shall be lawful for a commercial food fisherman who is authorized to be issued striped bass tags by the Department to transfer said tags to another commercial food fisherman, authorized to participate in the same striped bass fishery, provided said transfer is made prior to said tags being issued by the Department.
9.0 It shall be unlawful for any commercial food fisherman to apply a tag to a striped bass unless said tag had been issued or legally transferred to said commercial food fisherman by the Department.
10.0 It shall be unlawful for any commercial food fisherman to apply a tag to a striped bass if said tag had previously been applied to another striped bass.
11.0 It shall be unlawful for any commercial food fisherman to sell, barter or trade any striped bass, to attempt to sell, barter or trade any striped bass or to transport, to have transported or to attempt to have transported any striped bass out of the state unless said striped bass has been weighed and tagged by an official weigh station.
12.0 The Department shall appoint individuals and their agents as official weigh stations to weigh and tag all striped bass landed in a commercial striped bass fishery. Official weigh stations shall be compensated by the Department for each striped bass weighed and tagged. An official weigh station shall enter into an agreement with the Department to maintain records and report on a regular basis each commercial food fisherman’s daily landings of striped bass weighed and tagged at said station. The Department shall provide official weigh stations with tags to be applied to each striped bass weighed.
13.0 Each commercial food fisherman participating in a striped bass fishery shall file an acceptable report with the Department on forms provided by the Department on all striped bass landed during said fishery. Each report shall be filed with the Department within 30 days after the end date of each fishery. All unused tags issued or legally transferred to a commercial food fisherman shall be returned to the Department with said report. Failure to file an acceptable report or failure to return all unused tags may disqualify the commercial food fishermen from future striped bass fisheries.
1 DE Reg 270 (9/1/97)
4 DE Reg 1552 (3/1/01)
8 DE Reg 1169 (2/1/05)
3506 Striped Bass; Total Length Measurement. (Formerly Tidal Finfish Reg. 18)
(Penalty Section 7 Del.C.§936(b)(2))
1.0 Unless otherwise authorized, it shall be unlawful for any commercial finfisherman to possess any striped bass for which the total length has been altered in any way prior to selling, trading or bartering said striped bass.
3507 Black Sea Bass Size Limit; Trip Limits, Seasons; Quotas (Formerly Tidal Finfish Reg. 23)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any commercial person to have in possession any black sea bass (Centropristis striata) that measures less than eleven (11) inches, total length excluding any caudal filament.
2.0 It shall be unlawful for any recreational person to have in possession any black sea bass that measures less than twelve (12) inches total length excluding any caudal filament.
6 DE Reg. 1230 (3/1/03)
6 DE Reg. 1360 (4/1/03)
3.0 It shall be unlawful for any commercial fisherman to land, to sell, trade and or barter any black sea bass in Delaware unless authorized by a black sea bass landing permit issued by the Department. The black sea bass landing permit shall be presumed to transfer with the vessel whenever it is bought, sold, or otherwise transferred, unless there is a written agreement, signed by the transferor/seller and transferee/buyer, or other credible written evidence, verifying that the transferor/seller is retaining the vessel’s fishing and permit history for purposes of replacing the vessel.
4.0 The black sea bass pot fishery and the black sea bass commercial hook and line fishery shall be considered separate black sea bass fisheries. The total pounds allocated to each fishery by the Department shall be as follows: 96 percent of the State’s commercial quota, as determined by the ASMFC, for the pot fishery; 4 percent for the commercial hook and line fishery.
5.0 The Department may only issue a black sea bass landing permit for the pot fishery to a person who is the owner of a vessel permitted by the National Marine Fisheries Service in accordance with 50 CFR §§ 648.4 and who had applied for and secured from the Department a commercial food fishing license and has a reported landing history in either the federal or state reporting systems of landing by pot at least 10,000 pounds of black sea bass during the period 1994 through 2001. Those individuals that have landing history only in the federal data base must have possessed a state commercial food fishing license for at least one year during the time from 1994 through 2001.
6.0 The Department may only issue a black sea bass landing permit for the commercial hook and line fishery to a person who has applied for and secured from the Department a commercial food fishing license and a fishing equipment permit for hook and line and submitted landings reports in either the federal or state landing report systems for black sea bass harvested by hook and line during at least one year between 1994 and 2001.
1 DE Reg.1767 (5/1/98)
2 DE Reg 1900 (4/1/99)
3 DE Reg 1088 (2/1/00)
4 DE Reg 1665 (4/1/01)
4 DE Reg 1859 (5/1/01)
5 DE Reg 2142 (5/1/02)
6 DE Reg. 348 (9/1/02)
6 DE Reg. 1230 (3/1/03)
7.0 Any overage of the State's commercial quota will be subtracted by the Atlantic States Marine Fisheries Commission from the next year's commercial quota.
Any overage of an individual’s allocation will be subtracted from that individual's allocation the next year and distributed to those individuals in the appropriate fishery that did not exceed their quota.
8.0 Each participant in a black sea bass fishery shall be assigned a equal share of the total pounds of black sea bass allotted by the Department for that particular fishery. A share shall be determined by dividing the number of pre-registered participants in one of the two recognized fisheries into the total pounds of black sea bass allotted to the fishery by the Department. In order to pre-register an individual must indicate their intent in writing to participate in this fishery.
9.0 Individual shares of the pot fishery quota may be transferred to another participant in the pot fishery. Any transfer of black sea bass individual pot quota shall be limited by the following conditions:
9.1 A maximum of one transfer per year per person.
9.2 No transfer of shares of the black sea bass pot fishery quota shall be authorized unless such transfer is documented on a form provided by the Department and approved by the Secretary in advance of the actual transfer.
10.0 Individual shares of the commercial hook and line fishery quota may be transferred to another participant in the commercial hook and line fishery. Any transfer of black sea bass individual commercial hook and line quota shall be limited by the following conditions:
10.1 A maximum of one transfer per year per person.
10.2 No transfer of shares of the black sea bass commercial hook and line quota shall be authorized unless such transfer is documented on a form provided by the Department and approved by the Secretary in advance of the transfer.
11.0 Each commercial food fisherman participating in a black sea bass fishery shall report to the Department, via the interactive voice phone reporting system operated by the Department, each days landings in pounds at least one hour after packing out their harvest.
12.0 It shall be unlawful for any recreational fisherman to have in possession more than 25 black sea bass at or between the place where said black sea bass were caught and said recreational fisherman’s personal abode or temporary or transient place of lodging.
7 DE Reg. 1575 (5/1/04)
6 DE Reg. 1230 (3/1/03)
8 DE Reg. 1488 (4/1/05)
9 DE Reg. 1759 (5/1/06)
11 DE Reg. 1662 (06/01/08)
3510 Flounder
3511 Summer Flounder Size Limits; Possession Limits; (Formerly Tidal Finfish Reg. 4)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any recreational fisherman to have in possession more than four (4) summer flounder at or between the place where said summer flounder were caught and said recreational fisherman's personal abode or temporary or transient place of lodging.
2.0 It shall be unlawful for any person, other than qualified persons as set forth in section 4.0 of this regulation, to possess any summer flounder that measure less than nineteen and one half (19.5) inches between the tip of the snout and the furthest tip of the tail.
7 DE Reg. 1575 (5/1/04)
3.0 It shall be unlawful for any person while on board a vessel, to have in possession any part of a summer flounder that measures less than nineteen and one half (19.5) inches between said part's two most distant points unless said person also has in possession the head, backbone and tail intact from which said part was removed.
4.0 Notwithstanding the size limits and possession limits in this regulation, a person may possess a summer flounder that measures no less than fourteen (14) inches between the tip of the snout and the furthest tip of the tail and a quantity of summer flounder in excess of the possession limit set forth in this regulation, provided said person has one of the following:
4.1 A valid bill-of-sale or receipt indicating the date said summer flounder were received, the amount of said summer flounder received and the name, address and signature of the person who had landed said summer flounder;
4.2 A receipt from a licensed or permitted fish dealer who obtained said summer flounder; or
4.3 A bill of lading while transporting fresh or frozen summer flounder.
4.4 A valid commercial food fishing license and a food fishing equipment permit for gill nets.
5.0 It shall be unlawful for any commercial finfisherman to sell, trade and or barter or attempt to sell, trade and or barter any summer flounder or part thereof that is landed in this State by said commercial fisherman after a date when the de minimis amount of commercial landings of summer flounder is determined to have been landed in this State by the Department. The de minimis amount of summer flounder shall be 0.1% of the coast wide commercial quota as set forth in the Summer Flounder Fishery Management Plan approved by the Atlantic States Marine Fisheries Commission.
6.0 It shall be unlawful for any vessel to land more than 200 pounds of summer flounder in any one day in this State.
7.0 It shall be unlawful for any person, who has been issued a commercial food fishing license and fishes for summer flounder with any food fishing equipment other than a gill net, to have in possession more than four (4) summer flounder at or between the place where said summer flounder were caught and said person's personal abode or temporary or transient place of lodging.
1 DE Reg 1767 (5/1/98)
2 DE Reg 1900 (4/1/99)
3 DE Reg 1088 (2/1/00)
4 DE Reg 1552 (3/1/01)
5 DE Reg 462 (8/1/01)
5 DE Reg. 2142 (5/1/02)
6 DE Reg. 1358 (4/1/03)
7 DE Reg. 1575 (5/1/04)
8 DE Reg. 1488 (4/1/05)
9 DE Reg. 1759 (5/1/06)
10 DE Reg. 1722 (05/01/07)
11 DE Reg. 1493 (05/01/08)
3512 Winter Flounder Size Limit; Possession Limit; Seasons. (Formerly Tidal Finfish Reg. 20)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any person to possess any winter flounder, (Pseudopleuronectes americanus), that measure less than twelve (12) inches, total length.
2.0 It shall be unlawful for any recreational fisherman to have in possession more than ten (10) winter flounder per day (a day being 24 hours) at or between the place where said winter flounder were caught and said recreational fisherman’s personal abode or temporary or transient place of lodging.
3.0 It shall be unlawful for any recreational fisherman to take and reduce to possession any winter flounder before 12:01 AM February 11 or after midnight April 10 in any given calendar year.
8 DE Reg. 1718 (6/1/05)
3515 Bluefish
3516 Bluefish Possession Limits. (Formerly Tidal Finfish Reg. 9)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 Unless otherwise authorized, it shall be unlawful for any recreational fisherman to have in possession more than ten (10) bluefish (Pomatomus saltatrix) at or between the place caught and his/her personal abode or temporary or transient place of lodging).
4 DE Reg 1552 (3/1/01)
3520 Weakfish
3521 Weakfish Size Limits; Possession Limits; Seasons. (Formerly Tidal Finfish Reg. 10)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any person to possess weakfish, Cynoscion regalis, taken with a hook and line, that measure less than thirteen (13) inches, total length.
2.0 It shall be unlawful for any person to whom the Department has issued a commercial food fishing license and a food fishing equipment permit for hook and line to have more than six (6) weakfish in possession during the period beginning at 12:01 AM on May 1 and ending at midnight on October 31 except on four specific days of the week as indicated by the Department on said person’s food fishing equipment permit for hook and line.
3.0 It shall be unlawful for any person, who has been issued a valid commercial food fishing license and a valid food fishing equipment permit for fishing equipment other than a hook and line to possess weakfish, lawfully taken by use of such permitted food fishing equipment, that measure less than twelve (12) inches, total length.
4.0 It shall be unlawful for any person, except a person with a valid commercial food fishing license, to have in possession more than six (6) weakfish, not to include weakfish in one’s personal abode or temporary or transient place of lodging. A person may have weakfish in possession that measure no less than twelve (12) inches, total length, and in excess of six (6) if said person has a valid bill-of-sale or receipt for said weakfish that indicates the date said weakfish were received, the number of said weakfish received and the name, address and signature of the commercial food fisherman who legally caught said weakfish or a bill-of-sale or receipt from a person who is a licensed retailer and legally obtained said weakfish for resale.
11 DE Reg. 514 (10/01/07)
5.0 It shall be unlawful for any person to fish with any gill net in the Delaware Bay or Atlantic Ocean or to take and reduce to possession any weakfish from the Delaware Bay or the Atlantic Ocean with any fishing equipment other than a hook and line during the following periods of time:
Every weekend day (defined as 12:01 AM on Friday through midnight Sunday) in both May and June, plus contiguous weekdays (defined as 12:01 AM Monday through midnight Thursday) at the beginning of May and the end of June, such that the total number of closure days add up to thirty four (34) days. The exact dates of closures each year shall be mailed in advance to the affected public and published annually in the Delaware Fishing Guide.
6.0 The Department shall indicate on a person’s food fishing equipment permit for hook and line four (4) specific days of the week during the period May 1 through October 31, selected by said person when applying for said permit, as to when said permit is valid to take in excess of six (6) weakfish per day. These four days of the week shall not be changed at any time during the remainder of the calendar year.
11 DE Reg. 514 (10/01/07)
7.0 It shall be unlawful for any person with a food fishing equipment permit for hook and line to possess more than eight (8) weakfish while on the same vessel with another person who also has a food fishing equipment permit for hook and line unless each person’s food fishing equipment permit for hook and line specifies the same day of the week in question for taking in excess of six (6) weakfish.
1 DE Reg 1770 (5/1/98)
2 DE Reg 1904 (4/1/99)
3 DE Reg 1088 (2/1/00)
4 DE Reg 1552 (3/1/01)
5 DE Reg. 2142 (5/1/02)
6 DE Reg. 1512 (5/1/03)
11 DE Reg. 514 (10/01/07)
3525 Scup
3526 Scup Size Limit. (Formerly Tidal Finfish Reg. 21)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any recreational fisherman to have in possession any scup, Stenotomus chrysops, that measures less than eight (8) inches, total length
2.0 It shall be unlawful for any person who has been issued a commercial food fishing license by the Department to possess any scup that measures less than nine (9) inches, total length.
3.0 It shall be unlawful for any commercial finfisherman to sell, trade or barter or attempt to sell, trade or barter any scup or part thereof that is landed in this State by said commercial finfisherman after a date when the de minimis amount of commercial landings of scup is determined to have been landed in this State by the Department. The de minimis amount of scup shall be 0.1% of the coastwide commercial quota as set forth in the Scup Fishery Management Plan approved by the Atlantic State Marine Fisheries Commission.
4.0 It shall be unlawful for any recreational fisherman to have in possession more than 50 scup at or between the place where said scup were caught and said recreational fisherman's personal abode or temporary or transient place of lodging.
4 DE Reg 1859 (5/1/01)
3530 Tautog
3531 Tautog; Size Limits, Creel Limits and Seasons. (Formerly Tidal Finfish Reg. 22)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any person to possess any tautog, Tautoga onitis, less than fourteen (14) inches in total length during the period beginning at 12:01 a.m. on July 1 and ending at 12:00 p.m. on March 31, next ensuing.
2.0 It shall be unlawful for any person to possess any tautog less than fifteen (15) inches in total length during the period beginning at 12:01 a.m. on April 1 and ending at 12:00 p.m. on June 30, next ensuing.
3.0 Notwithstanding the provisions of 7 Del.C. §§938, 939, it shall be unlawful for any person to possess more than three (3) tautog during the period beginning at 12:01 on April 1 and ending at 12:00 p.m. on June 30, next ensuing, at or between the place where said tautog were caught and said person's personal abode or temporary or transient place of lodging.
4.0 It shall be unlawful for any person to possess more than ten (10) tautog during the period beginning at 12:01 a.m. on July 1 and ending at 12:00 p.m. on March 31, next ensuing, at or between the place where said tautog were caught and said person's personal abode or temporary or transient place of lodging.
5.0 Notwithstanding the provisions of subsections 1.0, 2.0, 3.0 and 4.0 of this regulation, it shall be unlawful for any person to possess any tautog during the period beginning at 12:01 a.m. on May 12 and ending at 12:00 p.m. on June 30 and during the period beginning at 12:01 a.m. on September 1 and ending at 12:00 p.m. on September 28, next ensuing, except in said person's personal abode or temporary or transient place of lodging.
1 DE Reg 1771 (5/1/98)
6 DE Reg. 1360 (4/1/03)
11 DE Reg. 1257 (03/01/08)
3535 Fish Pot
3536 Fish Pot Requirements (Formerly Tidal Finfish Reg. 24)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any person to fish, set, place, use or tend any fish pot in the tidal waters of this state unless said fish pot has two escape vents placed in the parlor portion of said pot which complies with one of the following minimum sizes: 1.375 inches by 5.75 inches; or a circular vent 2.5 inches in diameter; or a square vent with sides of 2 inches, inside measure. Pots constructed of wooden lathes must have spacing of at least 1.375 inches between one set of lathes.
2.0 It shall be unlawful for any person to fish, set, place, use or tend any fish pot in the tidal waters of this state unless said fish pot contains a panel (ghost panel) measuring at least 3.0 inches by 6.0 inches affixed to said pot with one of the following degradable materials:
2.1 Untreated hemp, jute or cotton string of 3/16 inches diameter or smaller; or
2.2 Magnesium alloy timed float release (pop-up devices) or similar magnesium alloy fasteners; or
2.3 Ungalvanized or uncoated iron wire of 0.094 inches diameter or smaller.
3.0 It shall be lawful for a person to take and reduce to possession any food fish, except tautog, black seabass or summer flounder, when said food fish is caught in his/her crab pot provided said food fish is not otherwise illegal to possess at that time.
4.0 It shall be lawful for a person to take and reduce to possession any food fish, except tautog, black seabass or summer flounder, when said food fish is caught in his/her blue crab dredge provided said food fish is not otherwise illegal to possess at that time.
2 DE Reg. 1905 (4/1/99)
6 DE Reg. 350 (9/1/02)
10 DE Reg. 1035 (12/01/06)
3540 Sharks
3541 Atlantic Sharks (Formerly Tidal Finfish Reg. 25)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 Definitions:
“Fillet” shall mean to remove slices of fish flesh, of irregular size and shape, from the carcass by cuts made parallel to the backbone.
“Land or Landing” shall mean to put or cause to go on shore from a vessel.
“Management Unit” shall mean any of the large coastal species, small coastal species, pelagic species and prohibited species of sharks or parts thereof defined in this regulation.
“Large Coastal Species” shall mean any of the following species of sharks or parts thereof:
Great hammerhead, Sphyrna mokarran
Scalloped hammerhead, Sphyrna lewini
Smooth hammerhead, Sphyrna zyqaena
White shark, Carcharodon carcharias
Nurse shark, Ginglymostoma cirratum
Blacktip shark, Carcharhinus limbatus
Bull shark, Carcharhinus leucas
Lemon shark, Neqaprion brevirostris
Sandbar shark, Carcharhinus plumbeus
Silky shark, Carcharhinus falciformis
Spinner shark, Carcharhinus brevipinna
Tiger shark, Galeocerdo cuvieri
“Small Coastal Species” shall mean any of the following species of sharks or parts thereof:
Bonnethead, Sphyrna tiburo
Atlantic sharpnose shark, Rhizoprionodon terraenovae
Blacknose shark, Carcharhinus acronotus
Finetooth shark, Carcharhinus isodon
“Pelagic Species” shall mean any of the following species of sharks or parts thereof:
Porbeagle shark, Lamna nasus
Shortfin mako, Isurus oxyrinchus
Blue shark, Prionace qlauca
Oceanic whitetip shark, Carcharhinus longimanus
Thresher shark, Alopias vulpinus
“Prohibited Species” shall mean any of the following species of sharks or parts thereof:
Basking shark, Cetorhinidae maximus
White shark, Carcharodon carcharias
Bigeye sand tiger, Odontaspis noronhai
Sand tiger, Odontaspis taurus
Whale shark, Rhincodon typus
Bignose shark, Carcharhinus altimus
Caribbean reef shark, Carcharhinus perezi
Dusky shark, Carcharhinus obscurus
Galapagos shark, Carcharhinus galapaqensis
Narrowtooth shark, Carcharhinus brachyurus
Night shark, Carcharhinus siqnatus
Atlantic angel shark, Squatina dumerili
Caribbean sharpnose shark, Rhizoprionodon porosus
Smalltail shark, Carcharhinus porosus
Bigeye sixgill shark, Hexanchus vitulus
Sevengill shark, Heptranchias perlo
Sixgill shark, Hexanchus griseus
Longfin mako, Isurus paucus
Bigeye thresher, Alopias superciliosus
3 DE Reg 1088 (2/1/00)
2.0 It shall be unlawful for any person to land, purchase, trade, barter, or possess or attempt to land, purchase, trade, barter, or possess a prohibited species.
3.0 It shall be unlawful for any person to possess the fins from any shark in the management unit prior to landing said shark unless said fins are naturally attached to the body of said shark.
4.0 It shall be unlawful for any person to fillet a shark in the management unit prior to landing said shark. A shark may be eviscerated and the head removed prior to landing said shark.
5.0 It shall be unlawful to release any shark in the management unit in a manner that will not ensure said sharks maximum probability of survival.
6.0 It shall be unlawful for the operator of any vessel without a commercial food fishing license to have on board said vessel more than one shark in the management unit except that two Atlantic sharpnose sharks also may be on board in addition to the one shark in the management unit.
1 DE Reg. 345 (10/1/97)
3 DE Reg 1088 (2/1/00)
8 DE Reg. 1718 (6/1/05)
7.0 It shall be unlawful for any person who has been issued a valid commercial food fishing license while on board any vessel to possess any large coastal shark, any small coastal shark or any pelagic shark in the management unit during the remainder of any period after the effective date a commercial quota for that group of sharks has been reached in said period or is projected to be reached in said period by the National Marine Fisheries Service, National Oceanic and Atmospheric Administration and the U.S. Department of Commerce.
8.0 It shall be unlawful for any person to engage in a directed commercial fishery for a prohibited species.
9.0 It shall be unlawful for the operator of any vessel without a commercial foodfishing license to have on board said vessel any large coastal shark, any pelagic shark or any small coastal shark that measures less than 54 inches, fork length (tip of snout to indentation between dorsal and ventral tail lobes).
3 DE Reg 1088 (2/1/00)
1 DE Reg 850 (1/1/98)
1 DE Reg 1005 (2/1/98)
10.0 It shall be unlawful for any person without a commercial foodfishing license to take and reduce to possession any large coastal shark, any small coastal shark or any pelagic shark less than 54 inches.
11.0 It shall be unlawful for any person without a commercial foodfishing license to take and reduce to possession more than one large coastal shark, small coastal shark or pelagic shark per day (a day being 24 hours).
8 DE Reg. 1718 (6/1/05)
3550 Size and Creel Limits
3551 Red Drum Size Limits; Creel Limits. (Formerly Tidal Finfish Reg. 11)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 Unless otherwise authorized, it shall be unlawful for any person to possess any red drum, (Sciaenops ocellatus), that measures less than twenty (20) inches, total length or more than twenty-seven (27) inches, total length.
6 DE Reg. 1229 (3/1/03)
2.0 Unless otherwise authorized, it shall be unlawful for any person to possess more than five (5) red drum.
3552 Spanish Mackerel Size Limit and Creel Limit. (Formerly Tidal Finfish Reg. 14)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 Unless otherwise authorized, it shall be unlawful for any person to possess any Spanish mackerel, (Scomberomorus maculatus), that measure less than fourteen (14) inches total length.
2.0 Unless otherwise authorized, it shall be unlawful for any recreational finfisherman to have in possession more than ten (10) Spanish mackerel at or between the place caught and his/her personal abode or temporary or transient place of lodging.
4 DE Reg 1552 (3/1/01)
3553 River Herring Creel Limit
(Penalty Section 7 Del.C. 936(b)(2))
Unless otherwise authorized, it shall be unlawful for any person to have in possession except a person with a valid Delaware commercial food fishing license, more than ten (10) blueback herring and/or alewife (Alosa aestivalis and/or Alosa pseudoharengus), collectively known as river herring, unless said person has a valid bill-of-sale or receipt for said river herring that indicates the date said river herring were received, the number of said river herring received and the name, address and signature of the commercial food fisherman who legally caught said river herring;, or a bill-of-sale or receipt from a person who is a licensed retailer and legally obtained said river herring for resale.
8 DE Reg. 1315 (3/1/05)
11 DE Reg. 1259 (03/01/08)
3560 Equipment and Nets
3561 Areas Closed to Gill Net Fishing. (Formerly Tidal Finfish Reg. 5)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any person to fish with gill nets for food fish in areas described as follows:
1.1 The Assawoman Canal from White Creek to Assawoman Bay;
1.2 Indian River from Millsboro Pond dam to the first Canal marker approximately 1,000 yards down river;
1.3 Masseys Ditch from Canal marker 12 in Rehoboth Bay to a line connecting the southern most part of Middle Island and the nearest point of land to the west;
1.4 The Lewes and Rehoboth Canal from Roosevelt Inlet to its entrance into Rehoboth Bay;
1.5 The Broadkill River from Roosevelt Inlet to a point up river 1,000 yards;
1.6 Mispillion River from the tip of the jetty up river to a line drawn perpendicularly across the Mispillion River from the Mispillion Lighthouse;
1.7 Cedar Creek from its entrance to the Mispillion River up river to a point 500 yards south of the Route 36 bridge;
1.8 The Murderkill River from the mouth up river to Webbs Landing;
1.9 The Fenwick Ditch from Little Assawoman Bay to the Delaware - Maryland state line.
3562 Gill Net Mesh Size Restrictions. (Formerly Tidal Finfish Reg. 16)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 Unless otherwise authorized, it shall be unlawful for any commercial finfisherman to fish any gill net having a mesh size less than 3 1/8 inches, stretched measure; in the tidal waters of this State during a period beginning at 12:01 A.M. on April 1 and ending midnight on June 30, next ensuing.
2.0 Unless otherwise authorized, it shall be unlawful for any recreational finfisherman to fish any gill net having a mesh size less than 3 1/4 inches, stretched measure, in the Delaware River, Delaware Bay and Atlantic Ocean under the jurisdiction of this State.
3563 Electric Lights. (Formerly Tidal Finfish Reg. 15)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 ‘Lights used for illumination for visual purposes' shall mean any light that is fixed in position anywhere directly above the hull or deck of any vessel, dock or shore area or any electric flood light less than 500 watts and fixed in position no less than ten (10) feet directly above the surface of the water. An electric flood light is any electric light that does not have a focused beam.
2.0 It shall be legal for any person to fish in the tidal waters of this State with the aid of ‘lights used for illumination for visual purposes‘ in addition to the equipment and methods listed in 7 Del.C. §929.
3564 Spear Fishing. (Formerly Tidal Finfish Reg. 19)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 Unless otherwise prohibited, it shall be lawful for any recreational fisherman while submerged in the tidal waters of this State to use a spear that is propelled by a gun or a mechanical or pneumatic device to take a species of food fish whenever a hook and line is authorized as legal fishing equipment to take said species of food fish in the Department's tidal finfish regulations.
3565 License Lotteries For Apprentices.
(Penalty Section 7 Del.C. §936(b)(2))
1.0 The first lottery for available commercial gill net permits and authorization for commercial hook and line permits shall be held on January 2, 2004; with subsequent lotteries to be held annually the first working day in January of each year, as long as one or more licenses are available. Participants in the lotteries shall include current participants in the apprentice program who have completed the required and properly documented 150 days of commercial fishing activities over no less than a 2-year period dating from the specific date the applicant filed their application with the Department as an apprentice, according to the provisions of 7 Del.C. §915(e), (k), and (n).
7 DE Reg. 785 (12/1/03)
3566 Minimum Age for Commercial Food Fish Licensees
(Penalty Section 7 Del.C. §936(b)(2)
1.0 An individual must be at least 16 years of age to qualify for a commercial foodfish license as defined in 7 Delaware Code §914 or to qualify for a food fishing equipment permit as defined in 7 Delaware Code §915, including recreational gill net permits and recreational drift gill net permits.
8 DE Reg. 1718 (6/1/05)
3570 Sturgeon
3571 Atlantic Sturgeon Moratorium on Possession. (Formerly Tidal Finfish Reg. 12)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any person to harvest, possess, or land any Atlantic Sturgeon, Acipenser oxyrhynchus, or part thereof.
2.0 It shall be unlawful for any person to attempt to harvest, possess, or land any Atlantic sturgeon or part thereof.
1 DE Reg 1655 (4/1/98)
3575 Seatrout
3576 Spotted Seatrout Size Limit (Formerly Tidal Finfish Reg. 13)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 Unless otherwise authorized, it shall be unlawful for any person to possess any spotted seatrout, Cynoscion nebulosus, that measure less than twelve (12) inches total length.
3580 Spiny Dogfish
3581 Spiny Dogfish; Closure of Fishery (Formerly Tidal Finfish Reg. 27)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any commercial fisherman to harvest, land or possess any spiny dogfish, Squalus acanthias, in Delaware except in those sizes, seasons, and quantities permitted in accordance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Spiny Dogfish as amended, or federal law administered by the National Marine Fisheries Service, whichever is more restrictive. It shall be unlawful to commercial harvest, land or possess spiny dogfish during any time when adjoining federal waters are closed to the taking of spiny dogfish. It shall be unlawful for any person to possess the fins from any spiny dogfish prior to landing said spiny dogfish unless said fins are naturally attached to the body of said spiny dogfish. All spiny dogfish landed in Delaware for commercial purposes must be reported through the normal state reporting system.
4 DE Reg 1859 (5/1/01)
10 DE Reg. 1724 (05/01/07)
3590 Shad
3591 American Shad and Hickory Shad Creel Limits. (Formerly Tidal Finfish Reg. 26)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any person who does not have a valid commercial foodfishing license to have in possession more than an aggregate of ten (10) American shad and hickory shad at or between the place caught and his/her personal abode or transient place of lodging.
2 DE Reg 1906 (4/1/99)
2.0 It shall be unlawful for any person to take and reduce to possession any American shad or hickory shad from the Nanticoke River or its tributaries.
3 DE Reg 1088 (2/1/00)
3592 Atlantic Ocean American Shad Season And Closure (Formerly Tidal Finfish Reg. 28)
1.0 All Delaware licensed commercial gill netters who wish to harvest and land American shad, Alosa sapidissima, in the Atlantic Ocean must register with the Department their intent to participate in this Atlantic Ocean commercial shad fishery by February 1 each year during either or both of 2003 and 2004.
2.0 If three or fewer licensed commercial gill netters register to participate in the Atlantic Ocean commercial American shad fishery in any given year in 2003 or 2004, then the season for that year shall open at 12:01 a.m. February 14 and shall close on or before midnight April 21. If more than three licensed commercial gill netters register to participate in the Atlantic Ocean commercial American shad fishery in any given year in 2003 or 2004, then the season start and end dates shall be adjusted according to the following table based on the number of registered Atlantic Ocean shad commercial gill net fishermen:
Number of Registered Season Season Dates
Shad Fishermen Length
4 59 days 14 Feb. - 13 April
5 47 days 20 Feb. - 7 April
6 39 days 24 Feb. – 3 April
7 34 days 27 Feb. – 1 April
8 29 days 1 March – 29 March
9 26 days 2 March – 27 March
10 24 days 3 March – 26 March
11 21 days 4 March – 24 March
If more than 11 fishermen register to participate in the Atlantic Ocean commercial American shad fishery in 2003 or 2004, the season length for that year shall be shortened one day for each additional registered fisherman and the season dates shall be adjusted accordingly.
3.0 Beginning 12:01 a.m. on January 1, 2005, it shall be unlawful for any Delaware fisherman to take and reduce to possession any American shad caught by gill net from the waters of the Atlantic Ocean.
6 DE Reg. 1230 (3/1/03)
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
