Delaware § 923 - Gill nets; restrictions on use; seasons.

§ 923. Gill nets; restrictions on use; seasons.

(a) Unless otherwise authorized by a scientific permit issued by the Division, no person shall fish more than an aggregate of 200 feet of gill net, that is anchored, staked or fixed in any way in the tidal waters of this State at any time during a period beginning at midnight on May 10 and ending at midnight September 30 next ensuing during any calendar year, except where otherwise prohibited in this chapter.

(b) The use of any gill net equal to or less than 200 feet which is anchored, staked or fixed in any way shall be further restricted to the area within 1/2 nautical mile of the mean high-water line of the shore of the Delaware River and Bay and to the area within 1,000 feet of the mean high-water line of the shore of the Rehoboth Bay and its tributaries, Indian River and Indian River Bay and their tributaries, Little Assawoman Bay and its tributaries, Big Assawoman Bay and its tributaries, Nanticoke River and its tributaries and all tributaries entering the Delaware River and Bay during a period beginning at midnight on May 10 and ending at midnight on September 30 next ensuing, except where otherwise prohibited in this chapter or by Department regulation.

(c) Unless otherwise authorized by a scientific permit issued by the Division, no person shall fish any drifting gill net in the tidal waters of this State during the period 12:01 a.m. Saturday through to 4:00 p.m. Sunday or on a legal state holiday during a period beginning at midnight May 10 and ending at midnight on September 30 next ensuing during any calendar year.

(d) During the period beginning at 12:01 a.m. April 1 through midnight May 10, no person shall fish more than an aggregate of 1,000 yards of anchored, staked, fixed or drifting gill nets and, furthermore, no more than an aggregate of 1,000 yards of anchored, staked, fixed or drifting gill net shall be fished from any vessel regardless of the number of commercially licensed food fishers on said vessel.

(e) During the period beginning midnight May 10 and ending at midnight September 30 next ensuing during any calendar year, no person shall fish more than an aggregate of 1,000 yards of drifting gill nets, and, furthermore, no more than an aggregate of 1,000 yards of drifting gill nets shall be fished from any vessel regardless of the number of commercially licensed food fishers on said vessel.

(f) Except for gill nets equal to or less than 200 feet which are anchored, staked or fixed in any way, no person shall fish a gill net of any type without obtaining a commercial food fishing license pursuant to § 914 of this title and a food fishing equipment permit pursuant to § 915 of this title.

(g) Residents of the State of New Jersey who possess valid commercial food fishing equipment permits for gill nets shall be authorized to fish up to, but not to exceed, 600 feet of drifting gill net in the Delaware River on the east side of the shipping channel north of 39 degrees 39′ north latitude only during a period of the year beginning at 12:01 a.m. on March 15 and ending at 12:00 p.m. on May 10.

(h) In the event a person with a commercial food fishing license and a food fishing equipment permit for gill nets is disabled and unable to deploy or set his or her gill nets, the person shall be issued a written permit by the Department authorizing his or her spouse, child or grandchild to deploy or set said person’s gill nets for a period to be specified by the physician who certifies the disability. Such persons shall be limited during their lifetime to a total of 2 years during which their gill nets may be set or deployed by a spouse, child and/or grandchild. For purposes of this subsection, the term “disabled” shall mean a person certified in writing by a licensed medical physician in Delaware to be temporarily unable to perform the substantial and material duties associated with the setting or deploying of gill nets based upon medical evidence.

64 Del. Laws, c. 251, §  1;  64 Del. Laws, c. 279, §§  3, 4;  65 Del. Laws, c. 193, §  9;  67 Del. Laws, c. 184, §  4;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 28, §  2;