Chapter 11

§ 1101 Application of chapter. This chapter shall apply to fishing for finfish in all the nontidal waters of this State. 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. 64 Del. Laws, c. 251, §  2 ; 69 Del. Laws, c. 103, §  9 ; § 1102 Definitions. (a) Unless otherwise provided in this chapter, and in addition to the words defined in this section, the words and definitions contained in § 906 of this title are hereby incorporated into this section and chapter. (b) “Freshwater finfish” or “freshwater fish” as used in this chapter shall mean any species of finfish that may be found in fresh or nontidal waters of this State. (c) “Nontidal waters” or “freshwater” as used in this chapter or any regulation promulgated by the Department or permit issued by the Division or Director shall mean those waters in the State where the lunar tide does not regularly ebb and flow. 64 Del. Laws, c. 251, §  2 ; § 1103 Equipment and methods used for fishing for freshwater finfish. Unless otherwise authorized by regulation promulgated by the Department or permit issued by the Division or Director, it shall be illegal for any person to fish for any freshwater fish in the nontidal waters of this State with any fishing equipment or by any method, unless it is provided for in the following paragraphs: (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) Except for a person fishing for freshwater finfish with a hook and line through ice, the number of hooks and lines any 1 person shall be permitted to use to fish for any freshwater finfish in the nontidal or fresh waters of the State shall be no more than 2. Fishing through ice shall be governed by regulations promulgated by the Department. (3) A person may use a dip net to aid in landing any freshwater finfish taken or caught by hook and line in the nontidal or fresh waters of the State. (4) Upon the request of an owner or tenant of any pond, lake or impoundment located in the State, the Director may issue a permit to said owner or tenant, authorizing said owner or tenant to fish for freshwater finfish with any fishing equipment, or by any method other than what has been authorized by this chapter or any regulation promulgated by the Department or permit issued by the Director. However, no owner or tenant of any pond, lake or impoundment located in this State shall use or attempt to use any chemical, poison and/or electrical equipment or device to fish for freshwater finfish. (5) Upon the request of the owner of any privately owned pond located in the State, employees of the Division may be authorized by the Director to use any chemical, poison and/or electrical equipment or device to fish in said owner’s pond for the purpose of fish management practices. (6) Carp may be taken and/or fished for by using a bow and arrow and/or spear, unless said equipment or method is otherwise restricted by any regulation promulgated by the Department. Code 1915, §  2529; 30 Del. Laws, c. 176, §  8 ; Code 1935, §  3017; 7 Del. C. 1953, §  1106; 64 Del. Laws, c. 251, §  2 ; § 1104 Regulations promulgated by Department. Nothing in this chapter shall be interpreted to lessen or preclude the Department’s authority to promulgate regulations pertaining to freshwater fish pursuant to the provisions of § 103 of this title. 64 Del. Laws, c. 251, §  2 ; § 1105 Sale and attempted sale of freshwater finfish. (a) No person shall sell, trade or barter any finfish taken from the nontidal waters of this State, unless said person has been authorized to do so in a permit issued by the Director. (b) No person shall attempt to sell, trade or barter any freshwater finfish taken from the nontidal water of this State, unless said person has been authorized to do so in a permit issued by the Director. 64 Del. Laws, c. 251, §  2 ; § 1106 Enforcement of chapter; violations. (a) The Secretary, the Department and persons authorized by the Secretary shall enforce this chapter and any regulation promulgated by the Department or any permit issued by the Division or Director. (b) Any person, organization, group, business, corporation, partnership or any other type of entity that violates this chapter and/or any permit issued by the Division or Director pursuant to this chapter shall be punished under § 1304 of this title. (c) Any person, organization, group, business, corporation, partnership or any other type of entity that violates any regulation promulgated by the Department pursuant to § 103 of this title, shall be punished under § 103(d) of this title. 23 Del. Laws, c. 128, §  2 ; Code 1915, §  2539; 40 Del. Laws, c. 191, §  34 ; Code 1935, §  3026; 7 Del. C. 1953, §  1124; 64 Del. Laws, c. 251, §  2 ; § 1107 Fee fishing operations; exemptions. Any person who lawfully takes and has fish in the person’s possession from a fee fishing operation, registered as same with the Department of Agriculture according to Chapter 4 of Title 3, is exempt from any seasonal restrictions, size limits and/or creel limits on said fish, provided said person has in the person’s possession a valid receipt for said fish, issued by the owner or the owner’s agent of the fee fishing operation pursuant to § 407(d) of Title 3. 69 Del. Laws, c. 103, §  13 ; 70 Del. Laws, c. 186, §  1 ; 79 Del. Laws, c. 178, §  1 ; § 1108 Live bait [For application of this section, see 84 Del. Laws, c. 528, § 4]. (a) The Department shall determine which species of live bait, including “bait fish” as defined in § 906 of this title, may be harvested, imported, transported, sold, or used as bait to fish or be released in the nontidal waters of this State. (b) The Department shall have the authority to issue permits, licenses, and applications for the harvesting, importing, transporting, sale or use of live bait for fishing in the nontidal waters of the State. (c) The Department may by regulation prohibit the importation or sale of any live bait species originating from another state or country. (d) All regulations published under this section must be published in a public notice on the Department’s website. (e) Any action taken pursuant to this section shall be undertaken for the purpose of controlling invasive species or pathogens. 84 Del. Laws, c. 528, § 3 ; § 1124 Issuance of special trout fishing stamp. The Department shall annually issue a distinctive stamp for fresh water trout fishers, which shall be known as the Delaware trout fishing stamp. 7 Del. C. 1953, §  1125; 50 Del. Laws, c. 257, §  2 ; 57 Del. Laws, c. 739, §  68 ; 70 Del. Laws, c. 186, §  1 ; § 1125 Sale of stamps; applications; price. (a) Licensing agents, who are authorized by the Department to sell fishing licenses, are authorized to sell Delaware trout fishing stamps, and for their sale shall be entitled to the compensation provided by § 511 of this title for the sale of migratory waterfowl stamps. (b) Applications for the purchase of the said stamps shall be in a manner specified by the Department. (c) The purchase price of the special trout fishing stamps shall be set by the Department annually, but the maximum prices shall be as follows: (1) For Delaware residents: $4.20 for persons 16 years of age and older; and $2.10 for persons 12 to 16 years of age. Stamps are not required for any Delaware resident under 12 years of age. (2) For nonresidents: $6.20. Stamps are not required for any nonresident under 12 years of age. 7 Del. C. 1953, §  1126; 50 Del. Laws, c. 257, §  2 ; 57 Del. Laws, c. 739, §  69 ; 63 Del. Laws, c. 315, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 443, §  3 ; 83 Del. Laws, c. 218, § 3 ; § 1126 Stamp requirement and possession; exemptions from purchase of stamp. Anyone who fishes in fresh waters stocked with trout by the Department at locations and during seasons designated by the Department shall purchase a Delaware trout fishing stamp. Such stamp must be in the possession of persons fishing in such waters, either as a gummed paper stamp validated by the signature of the licensee written in ink across the face of said stamp, or in paper or digital form encoded in a manner that validates the stamp holder. Delaware trout fishing stamp holders shall be permitted to take trout during the open season for such fish and in a manner permitted by law from the fresh waters which are stocked with trout by the Department. Any person exempt from purchasing a Delaware fishing license under § 502(e)-(i), § 502(k)-( l ), or § 507(d) of this title is also exempt from purchasing a Delaware trout fishing stamp. 7 Del. C. 1953, §  1127; 50 Del. Laws, c. 257, §  2 ; 57 Del. Laws, c. 739, §  70 ; 63 Del. Laws, c. 315, §  2 ; 69 Del. Laws, c. 103, §  12 ; 70 Del. Laws, c. 186, §  1 ; 83 Del. Laws, c. 218, § 4 ; § 1127 Exception for owner or lessee of land traversed by trout-stocked waters. An owner or bona fide lessee of land traversed by trout-stocked waters and members of his or her immediate family may fish such waters upon his or her land without purchasing a stamp. 7 Del. C. 1953, §  1128; 50 Del. Laws, c. 257, §  2 ; 70 Del. Laws, c. 186, §  1 ; § 1128 Use of proceeds of sale of stamps. All moneys received from the sale of Delaware trout fishing stamps shall be deposited at least monthly by the Department with the State Treasurer, to be by him or her retained until expended upon proper vouchers of the Department only for the purchase of trout for restocking those waters of the State considered suitable for such purpose or for the improvement of such waters for trout fishing. 7 Del. C. 1953, §  1129; 50 Del. Laws, c. 257, §  2 ; 57 Del. Laws, c. 739, §  71 ; 70 Del. Laws, c. 186, §  1 ; § 1129 Offenses; penalty. The following acts shall be offenses under this subchapter punishable as a Class D environmental violation for each such act: (1) To alter or change a Delaware trout fishing stamp in any way; (2) To loan such a stamp to another person for use as authority to fish in trout-stocked waters; (3) To furnish any false information as to the identity of the applicant upon the application for such a stamp; (4) To take or attempt to take any rainbow, brown, or brook trout from any fresh waters stocked by the Department with trout without having purchased a stamp and affixed and signed the same as provided in this subchapter, except upon lands owned or leased as provided in § 1127 of this title; (5) Upon demand by any Fish and Wildlife Agent to fail or refuse to exhibit a stamp when fishing in trout-stocked waters; except upon lands owned or leased as provided in § 1127 of this title. 7 Del. C. 1953, §  1130; 50 Del. Laws, c. 257, §  2 ; 57 Del. Laws, c. 739, §  72 ; 70 Del. Laws, c. 105, §  7 ; 79 Del. Laws, c. 421, §  5 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }