(a) Unless otherwise authorized by this chapter or the adoption of any Department regulation or issuance of Division permits subsequent to April 27, 1984, it is illegal for any person to fish for food fish in the tidal waters of the State with any fishing equipment or by any method, except:
(1) A hook and line;
(2) A troll line;
(3) A dip net;
(4) A lift net operated without the use of power;
(5) A push net;
(6) A cast net operated without the use of power;
(7) A spear or harpoon;
(8) A common haul seine operated without the use of power;
(9) A bait seine;
(10) A bag net;
(11) A hoop net not exceeding 72 inches in diameter;
(12) A fyke net not exceeding 72 inches in diameter and with wings or leaders not exceeding 180 feet in length;
(13) A fish pot or fish trap not exceeding 125 cubic feet and with an escape panel constructed of biodegradable netting and measuring at least 8 inches x 8 inches; and
(14) A gill net being fished in more or less a straight line.
(b) A person may land food fish caught with equipment or using a method not permitted under subsection (a) of this section if all of the following exist:
(1) The food fish was caught in the fishery conservation zone under § 901(d) of this title.
(2) The person has all necessary federal and state permits.
(3) The food fish is in compliance with an established state quota.
(4) The food fish was caught using equipment or a method that is legal in the fishery conservation zone.
Structure Delaware Code
Chapter 9. FINFISHING IN TIDAL WATERS
§ 901. Purpose of chapter; policy of State; interstate fishery management plan; advisory committee.
§ 902. Application of chapter.
§ 903. Department of Natural Resources and Environmental Control; authority; permits; regulations.
§ 903A. Striped bass quotas and tags.
§ 904. Advisory Council on Tidal Finfisheries; establishment; organization; authority.
§ 907. Equipment and methods used for fishing for game fish.
§ 908. Equipment and methods used for fishing for bait fish.
§ 909. Fishing for bait fish in tidal waters.
§ 910. Types of fishing equipment and methods used for fishing for food fish.
§ 912. Sale, trade and/or barter of game fish.
§ 913. Sale, trade and/or barter of food fish.
§ 914. Commercial food fishing license; requirements and fees.
§ 915. Food fishing equipment permit; requirements, fees and restrictions.
§ 916. Finfisheries Development Fund.
§ 917. Areas restricted for using certain fishing equipment.
§ 918. Interfering with fishing equipment.
§ 919. Menhaden fishing; penalties.
§ 921. Identification requirements for equipment.
§ 922. Length restrictions on certain nets.
§ 923. Gill nets; restrictions on use; seasons.
§ 924. Unattended fishing equipment.
§ 926. Extracting oil or making fertilizer from food and game fish; penalty.
§ 927. Fishing with trawl nets, purse seines, run around gill nets; penalty; exceptions.
§ 928. Interstate transfer of finfish.
§ 928A. Trade in shark fins; penalty.
§ 929. Size limits on finfish; exceptions [Subject to the provisions of 64 Del. Laws, c. 251, § 4].
§ 930. Striped bass spawning areas.
§ 931. Theft and attempted theft of fishing equipment or finfish from fishing equipment.
§ 933. Search of persons, boats, vessels and commercial facilities.
§ 934. Seizure and forfeiture of finfish.
§ 935. Sale of seized finfish.
§ 937. Suspension or refusal to issue commercial finfishing license.
§ 938. Creel limits on finfish; exceptions.
§ 939. Fishing seasons; exception.
§ 940. Food fish dealer permits.
§ 941. Headboat/charter boat fishing permits; reporting requirements.