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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2013

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7 DE Admin. Code 3507
Among the considerations of Executive Order 36, pertaining to the review and reform of state agency regulations, was a focused review of older, well-established regulations to ensure that State regulations continue to serve the original purpose for which they were adopted and provide for improvements. The Department’s focused review of the existing tidal finfish regulations found that 7 DE Admin. Code 3507 pertaining to black sea bass failed to adequately provide for the transferability of commercial black sea bass permits. The current black sea bass regulation was enacted between 2001 and 2003 to, in part, limit the number of permits issued for the black sea bass commercial fish pot and commercial hook and line fisheries. However, the regulation did not provide a method for those permits to be transferred by the current permit holders. The proposed amendments to 7 DE Admin. Code 3507 (3.0), (5.0) & (6.0) allow the transfer of black sea bass commercial fishery permits consistent with transfer criteria established in 7 Del.C., Ch. 29.
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7 Del.C., §901(b); §903(f)
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(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.
(Penalty Section 7 Del.C. §936(b)(2))
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.
(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, except that recreational hook and line fisherman may take two (2) striped bass measuring not less than 20 - inches and not greater than 26 - inches from the Delaware River, Delaware Bay, or their tributaries during the months of July and August.
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.
(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.
(Penalty Section 7 Del.C. §936(b)(2))
(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.
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 to an eligible transferee as defined in 7 Del.C. §2903, 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.
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. pertaining to black sea bass and was either issued a black sea bass landing permit by the Department in 2013 or was the transferee of black sea bass landing permit issued by the Department as per 3507 (3.0). The number of black sea bass landings permits issued by the Department for the pot fishery in any year will not exceed six.
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 and was either issued a black sea bass landing permit by the Department in 2013 or was the transferee of black sea bass landing permit issued by the Department as per 3507 (3.0). The number of black sea bass landings permits issued by the Department for the commercial hook and line fishery in any year will not exceed thirteen.
(Penalty Section 7 Del.C. §936(b)(2)
"Delaware Estuary" means all those tidal waters located within an area to the north of a straight line drawn between Cape May Point, New Jersey and Cape Henlopen, Delaware, but not including the tributaries of the Delaware River and Delaware Bay.
(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).
(Penalty Section 7 Del.C. §936(b)(2))
3.0 It shall be unlawful for any person, to have in possession any part of a summer flounder that measures less than seventeen (17) 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.
(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 two (2) 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.
Bow and arrow” means an instrument with one or more pointed barbed or barbless prongs or blades affixed to a straight shaft and propelled by a stringed mechanical device.
Director” means the Director of the Division of Fish and Wildlife.
Invasive finfish” means any species of the family Channidae, including but not limited to the northern snakehead (Channa argus) and blotched snakehead (C. maculata); blue catfish (Ictalurus furcatus); flathead catfish (Pylodictis olivaris); walking catfish (Clarias batrachus); and grass carp (Ctenopharyngodon idella).
(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.
(Penalty Section 7 Del.C. 936(b)(2))
It shall be unlawful for any person to have in possession any 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 from a state or jurisdiction where river herring harvest is lawful and that indicates the date said river herring were received, the number of said river herring received and the name, address and signature of the harvester 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.
(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
(Penalty Section 7 Del.C. §936(b)(2))
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.
(Penalty Section 7 Del.C. §936(b)(2))
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 non-sandbar large coastal species, small coastal species, pelagic species and prohibited species of sharks or parts thereof defined in this regulation. Smooth dogfish (Mustelus canus), although they are a species of shark, are not presently part of the management unit as defined above, and are not subject to minimum size or daily harvest restirctions. They are subject to the provisions of Regulation 3541, Sections 3.0 and 4.0.
“Non-Sandbar Large Coastal Species shall mean any of the following species of sharks or parts thereof:
Great hammerhead, Sphyrna mokarran
Smooth hammerhead, Sphyrna zyqaena
Nurse shark, Ginglymostoma cirratum
Blacktip shark, Carcharhinus limbatus
Bull shark, Carcharhinus leucas
Lemon shark, Neqaprion brevirostris
Silky shark, Carcharhinus falciformis
Spinner shark, Carcharhinus brevipinna
Tiger shark, Galeocerdo cuvieri
“Pelagic Species” shall mean any of the following species of sharks or parts thereof:
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
"Sandbar shark" shall mean Carcharhinus plumbeus
"Shore fishing" shall mean any fishing that does not take place on board a vessel. The terms "shore fishing" and "shore angler" are synonymous.
“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
(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.
(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 most recent version of the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Spiny Dogfish as amended. It shall be unlawful for any commercial fisherman to harvest, land or possess any spiny dogfish after the Atlantic States Marine Fisheries Commission approved allocation for the region which includes Delaware has been reached during any given year. It shall be unlawful to commercially harvest, land or possess spiny dogfish taken from federal waters during any time when adjoining federal waters are closed to the taking of spiny dogfish. It shall be unlawful for any commercial fisherman to take, land or possess more than 3,000 pounds of spiny dogfish per day from Delaware waters, with a day being defined as 24 hours. Further, it shall be unlawful for any Delaware commercial fisherman to be in possession of spiny dogfish taken from federal waters in excess of the federal daily landing limit. 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.
(Penalty Section 7 Del.C. §936(b)(2))
1.0 Notwithstanding the provisions of 7 Del.C. §939, it shall be unlawful for any person to possess any tautog, Tautoga onitis, less than fifteen (15) inches in total length.
2.0 Notwithstanding the provisions of 7 Del.C. §§938, 939, it shall be unlawful for any person to possess more than five (5) tautog during the period beginning at 12:00 a.m. on January 1 and ending at 11:59 p.m. on March 31, and during the period beginning at 12:00 a.m. on July 17 and ending at 11:59 p.m. on August 31, and during the period beginning at 12:00 a.m. on September 29 and ending at 11:59 p.m. on December 31, at or between the place where said tautog were caught and said person's personal abode or temporary or transient place of lodging.
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 12:00 a.m. on April 1 and ending at 11:59 p.m. on May 11, at or between the place where said tautog were caught and said person's personal abode or temporary or transient place of lodging.
(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 one (1) 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.
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 one (1) 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 one (1) 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.
7.0 It shall be unlawful for any person with a food fishing equipment permit for hook and line to possess more than one (1) 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 one (1) weakfish.
(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.
(Penalty Section 7 Del.C. §936(b)(2))
(Penalty Section 7 Del.C. §936(b)(2))
(Penalty Section 7 Del.C. §936(b)(2))
(Penalty Section 7 Del.C. §936(b)(2))
(Penalty Section 7 Del.C. §936(b)(2))
(Penalty Section 7 Del.C. §936(b)(2))
(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 Del.C. §914 or to qualify for a food fishing equipment permit as defined in 7 Del.C. §915, including recreational gill net permits and recreational drift gill net permits.
Last Updated: December 31 1969 19:00:00.
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