(a) No person shall take and/or remove any finfish from any fishing equipment that is owned by another person without having received written authority to take and/or remove said finfish.
(b) No person shall attempt to take and/or remove any finfish from any fishing equipment that is owned by another person without having received the express written authority to attempt to take and/or remove said finfish.
(c) No person shall remove legally placed fishing equipment of another person without the written permission of the lawful owner thereof.
(d) No person shall attempt to remove legally placed fishing equipment of another person without the written permission of the lawful owner thereof.
(e) The Division and employees thereof shall have the authority to confiscate and sell any finfish taken in violation of this section. The purpose of any sale of confiscated finfish shall be to determine the fair market value of the illegally taken finfish and prevent the wasting of the perishable resource. The moneys received from the sale of any finfish shall be paid to the owner of the fishing equipment from which the finfish were illegally removed.
(f) Theft of finfish, or attempted theft of finfish, from another person's fishing equipment shall be a class A misdemeanor, unless the value of the finfish is $300 or more, in which case it shall be a class E felony. Whoever violates this section shall be fined and/or imprisoned in accordance with the fines and/or terms of imprisonment specified in Chapter 42 of Title 11 for a class A misdemeanor and a class E felony.
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.