(a) No individual who catches or takes any species of food fish, from or out of the tidal waters of this State shall sell, trade and/or barter said food fish, unless said individual has been issued a valid commercial food fishing license by the Department.
(b) No individual who catches or takes any species of food fish from or out of the tidal waters of this State shall attempt to sell, trade and/or barter said food fish, unless said individual has been issued a valid commercial food fishing license by the Department.
(c) No individual shall purchase, trade for or barter for any food fish, from another individual who catches or takes food fish from or out of the tidal waters of this State unless said other individual who catches or takes food fish from or out of the tidal waters of this State possesses a valid commercial food fishing license.
(d) No individual shall fish with a drifting gill net unless said individual has been issued a valid commercial food fisher's license and appropriate fishing equipment permits by the Department.
(e) No individual who catches or takes any species of food fish from or out of the tidal waters of this State shall give or transfer said food fish without compensation to another individual for subsequent sale, trade or barter unless the individual giving or transferring said food fish has been issued a valid commercial food fishing license by the Department.
(f) No individual shall sell, trade and/or barter or attempt to sell, trade and/or barter any food fish taken with food fishing equipment for which a food fishing equipment permit has been issued to a recreational finfisher.
(g) Any person who violates subsection (a), (b), (c), (d) or (f) of this section shall be guilty of a Class C environmental violation.
(h) Any person who violates subsection (e) of this section shall be guilty of a Class D environmental violation. Each food fish purchased, traded or bartered for shall constitute a separate violation.
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.