Delaware General Assembly

CHAPTER 203.

FISH, OYSTERS AND GAME - FISH.

AN ACT to amend Sections 2500 to 2525 of the Revised Statutes of the State of Delaware in relation to the catching and taking of fish in the waters of the Delaware River and Bay lying between the States of Delaware and New Jersey.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

That Paragraphs 2500 to 2525, both inclusive of the Revised Statutes of A. D. 1914, be and the same are hereby repealed, and that there shall be substituted in lieu thereof the following:

"2500. Sec. 143. LIMITATION OF APPLICATION OF SECTIONS 143 TO 168: The provisions of Sections 143 to 168, inclusive, of this Chapter shall affect and apply only to the catching and taking of fish in the waters of the Delaware River and Bay lying between the states of Delaware and New Jersey."

"2501. Sec. 144. COMMON RIGHT OF FISHING OF DELAWARE AND NEW JERSEY IN DELAWARE RIVER, BETWEEN THE TWO STATES: The inhabitants of the States of Delaware and New Jersey shall have and enjoy a common right of fishery throughout, in and over the waters of said river between low water marks on each side of said river between the said States, except so far as either State may have heretofore granted valid and subsisting private rights of fishery."

"2502. Sec. 145. TERRITORIAL LIMITS, RIGHTS AND JURISDICTION UNAFFECTED; OYSTER AND SHELL FISH INDUSTRY UNAFFECTED: Nothing herein contained shall affect the territorial limits, rights or jurisdiction of either of said States of, in or over the Delaware River, or the ownership of the subaqueous soil thereof, except as is expressly set forth in the compact between the said States; nor shall anything herein contained affect in any way the planting, catching or taking of oysters, clams, or other shell fish, or interfere with the oyster industry, as now or hereafter carried on under the laws of either of said States And nothing herein contained shall be construed to give to the inhabitants of the State of New Jersey a common right of fishery with the inhabitants of the State of Delaware in the waters of the Delaware Bay."

"2503. Sec. 146. DESIGNATION OF FISH, FOR THE PURPOSE OF THIS ACT: For the purposes of this act the following fish shall be designated as game fish, to wit: black bass or small mouth bass; large mouth bass, otherwise called Oswego or yellow bass; strawberry or calico bass; rock bass, otherwise known as red eye or goggle eye; white bass, crappie, pike-perch, otherwise called wall-eyed pike or Susquehanna salmon; pike, pickerel, charr, commonly called brook or speckled trout. The following shall be designated as bait fish, to wit: All species of minnows, killifishes and stone catfish. All other species or varieties of fish whatsoever shall be designated as food fish."

"2503-a. Sec. 146-a. DEVICES PERMITTED IN CATCHING GAME FISH: It shall be unlawful to catch or fish for any game fish in any part of the Delaware River and Bay lying between the States of New Jersey and Delaware with any device or by any means or method whatsoever, excepting with rods and lines or hand-lines, commonly called dipsey or throw-lines, each having not more than three hooks, or with trolling-lines with spoon or artificial bait, having not more than one burr of three single hooks attached. The number of rods and lines or the number of trolling-lines, not to exceed two of one or the other device named, and said lines must be under the direct and immediate supervision of the person fishing therewith. Any person violating any of the provisions of this section shall, on conviction thereof, be subject to a fine of twenty dollars."

"2504. Sec. 147. DEVICES PERMITTED IN CATCHING BAIT FISH: It shall be unlawful to fish for bait fish in the waters aforesaid except with the following devices, to wit: rods and lines and hand-lines with not more than three hooks attached; a minnow seine not more than one hundred feet in length; a dip net not more than five feet square; a minnow trap, the opening of which shall not be more than one and one-quarter inches in diameter; a scoop net with a single handle and with a diameter of not more than two feet. Any person who uses any other device, method or means for catching bait fish, other than those specified in this section, shall, on conviction thereof, be subject to a fine of twenty dollars."

"2505. Sec. 148. DEVICES PERMITTED IN CATCHING FOOD FISH: It shall be unlawful to fish for food fish in the waters aforesaid with any device, method or means, excepting by the following devices, and under regulations and restrictions hereinafter described, to wit: A seine, a gill net, an eel pot or fyke net, each without wings, a parallel net, or stake net at the edge of low water, and rods and lines, or hand-lines, otherwise known as dipsey or throw-lines, each having not more than three hooks. Any person who shall use or employ any method or device for catching food fish other than those named in this section, or shall use or employ any device named in this section contrary to the regulations and restrictions hereinafter mentioned, shall be subject to a fine of fifty dollars."

"2506. Sec. 149. STURGEON FISHING; SIZE OF MESH; SIZE OF FISH; FISHING SATURDAY AFTERNOON AND SUNDAY PROHIBITED; CLOSED SEASON: It shall be unlawful for any person to catch and take or attempt to catch and take any sturgeon from the waters aforesaid with any device excepting a seine or gill net, the meshes of which shall be less than thirteen inches stretched measure while being fished; provided, however, that where a sturgeon not under the size hereinafter prohibited shall become entangled in a shad or other net which is being bona fide used for the catching of shad or other fish, the said sturgeon so caught may be retained. It shall further be unlawful for any person to catch and take or attempt to catch and take, from the waters aforesaid, any sturgeon or mammose under five feet in length, and if any such sturgeon or mammose under five feet in length should be caught, it shall be immediately returned to the waters uninjured. It shall be also unlawful for any person to catch and take, or to attempt to catch and take sturgeon or mammose from the waters aforesaid in any manner whatever between the hours of two o'clock p. m. of every Saturday and twelve o'clock midnight of the Sunday next ensuing, and also between the thirtieth day of June in each year and the first day of March thence next ensuing. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of one hundred dollars together with a forfeiture of all nets, boats and other appliances used."

"2507. Sec. 150. SHAD FISHING; SIZE OF MESH; SATURDAY AFTERNOON AND SUNDAY FISHING PROHIBITED; CLOSED SEASON; NETS; KINDS ALLOWED; TAKING SHAD AT MOUTH OF RIVERS OR CREEKS PROHIBITED: It shall be unlawful for any person to catch and take, or to attempt to catch and take, shad from the waters aforesaid with a seine or net of any character, the meshes of which shall be less than five and one-quarter inches stretched measure. It shall also be unlawful for any person to catch and take, or to attempt to catch and take, any shad from the said waters in any manner whatsoever between the hours a two o'clock p.m. of every Saturday and twelve o'clock midnight of the Sunday next ensuing, and also between the tenth day of June in each year and the first day of March thence next ensuing. It shall also be unlawful for any person at any time to set, place or use a net of any kind, except a drifting net, for the purpose of catching and taking shad within one-half mile of the mouth of any river, creek or stream emptying into the said waters. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of one hundred dollars together with a forfeiture of all nets, boats and other appliances used."

"2508. Sec. 151. CARP FISHING: It shall be lawful for any person to catch and take carp from the waters aforesaid at any time and with any kind of net."

"2509. Sec. 152. ROCK FISHING; SIZE OF MESH; SATURDAY AFTERNOON AND SUNDAY FISHING PROHIBITED; SIZE OF FISH; CLOSED SEASON: It shall be unlawful for any person to catch and take, or attempt to catch and take, rock fish from the waters aforesaid excepting with a shore or hauling seine, the meshes of which shall be less than two inches stretched measure, or with a drifting gill net the meshes of which shall be less than two and three-quarter inches stretched measure. It shall also be unlawful for any person to catch and take, or to attempt to catch and take, any rock fish in any manner whatsoever between the hours of two o'clock p.m. of every Saturday and twelve o'clock midnight of the Sunday next ensuing.

It shall also be unlawful for any person to catch and take, or to attempt to catch and take, from the waters aforesaid, in any manner whatever, any rock fish weighing more than twenty pounds or measuring less than ten inches in length; and should any such fish weighing over twenty pounds, or measuring less than ten inches in length, be caught, it shall be immediately returned to the waters uninjured. It shall also be unlawful for any person to catch and take, or to attempt to catch and take, rock fish in any manner whatever between the first day of May and the first day of November thence next ensuing. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of one hundred dollars together with a forfeiture of all nets, boats and other appliances used."

"2510. Sec. 153. TROUT FISHING; SIZE OF FISH; SATURDAY AFTERNOON AND SUNDAY FISHING PROHIBITED: It shall be unlawful for any person to catch and take, or to attempt to catch and take, from the waters aforesaid, any trout or weak fish with a net of any character, excepting with a shore or hauling seine the meshes of which shall be less than two inches stretched measure, or with a drifting gill net the meshes of which shall be less than two and three-quarter inches stretched measure. It shall also be unlawful for any person to catch and take, or to attempt to catch and take, any trout or weak fish from the waters aforesaid, with a net of any character, between the hours of two o'clock p. m. of every Saturday and twelve o'clock mid-night of the Sunday next ensuing. It shall also be unlawful for any person to catch and take, or to attempt to catch and take any trout or weak fish from the waters aforesaid under ten inches in length. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of one hundred dollars together with a forfeiture of all nets, boats and other appliances used."

"2510-a. Sec. I53-a. HERRING FISHING; SIZE OF MESH; SATURDAY AFTERNOON AND SUNDAY FISHING PROHIBITED; CLOSED SEASON: It shall be unlawful for any person to catch and take, or to attempt to catch and take, from the waters aforesaid, any herring with a net of any character, the meshes of which shall be less than three inches stretched measure. It shall also be unlawful for any person to catch and take, or to attempt to catch and take, any herring from the waters aforesaid with a net of any character between the hours of two o'clock p.m. of every Saturday and twelve o'clock midnight of the Sunday next ensuing. It shall also be unlawful for any person to catch and take, or to attempt to catch and take, from the waters aforesaid, in any manner whatsoever, any herring between the tenth day of June in each year and the first day of March thence next ensuing. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of one hundred dollars together with a forfeiture of all nets, boats and other appliances used."

"2511. Sec. 154. ANCHORED NETS ACROSS OR BEFORE MOUTH OF STREAMS, PROHIBITED: It shall be unlawful for any person to catch and take, or to attempt to catch and take, fish of any kind from the waters aforesaid with a net of any character which is anchored, staked or fastened down in any way; provided, however, that in that portion of the bay ,south of the mouth of the Smyrna Creek and on the Delaware side of the bay, stake nets may be used only where, by reason of the oyster stakes, the use of drift nets is impossible; and further provided that no net of any character whatsoever shall be placed in or remain in the waters aforesaid between the hours of two o'clock p. m. of Saturday and twelve o'clock midnight of the Sunday next ensuing. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of one hundred dollars together with a forfeiture of all nets, boats and other appliances used."

"2512. Sec. 155. DRIFT OR GILL NETS; INTERFERENCE WITH UNLAWFUL: It shall be unlawful for any person by boat, anchor, dredge, or otherwise, in the waters aforesaid, to willfully and without reasonable cause, interfere with, break, damage or destroy any drift net or gill seine being lawfully used for the taking of any fish as herein provided."

"2513. Sec. 156. EXPLOSIVES, DRUGS, POISONED BAIT; USE OF A MISDEMEANOR; CERTAIN DELETERIOUS SUBSTANCES; FLOW OF INTO WATERS A MISDEMEANOR; PENALTY: It shall be unlawful for any person willfully to put or place in the waters aforesaid any explosive substance whatever, or any drug or poisoned bait for the purpose of catching and taking, killing or injuring the fish, or to allow any dye stuff, coal or gas tar, saw dust, tan bark, coculus indicus (otherwise known as fish berries), lime refuse from gas houses, oil tanks or vessels, or any other deleterious, destructive or poisonous substance to be turned into or allowed to run into any of the waters aforesaid, in quantities sufficient to destroy or impair fish life or disturb the habits of fish inhabiting the same. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall forfeit and pay a fine of not more than five thousand dollars, or shall be imprisoned not more than one year, or both, in the discretion of the court, and the same proceedings shall be had and before the same courts as may now or hereafter be provided by the laws of this state in the trial of misdemeanors."

"2514. Sec. 157. SUNDAY FISHING PROHIBITED: It shall be unlawful for any person to catch and take, or to attempt to catch and take, fish of any kind or description from the waters aforesaid by net of any character between the hours of two o'clock p. m. of every Saturday and twelve o'clock midnight of the Sunday next ensuing. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of one hundred dollars together with a forfeiture of all nets, boats and other appliances used."

"2515. Sec. 158. EELS; SIZE: It shall be unlawful for any person to catch and take, or to attempt to catch and take, from the waters aforesaid, any eel of a size less than fourteen inches in length, and any eels of a size less than fourteen inches in length caught must be returned uninjured to the waters aforesaid. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of one hundred dollars together with a forfeiture of all nets, boats and other appliances used."

"2516. Sec. 159. SALE OR POSSESSION OF FISH CAUGHT IN VIOLATION OF LAW, UNLAWFUL: It shall be unlawful for any person to sell, expose for sale, or have in possession, any fish caught and taken in violation of the provisions of Sections 143 to 168, inclusive, of this Chapter. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of one hundred dollars together with a forfeiture of all nets, boats and other apliances used."

"2517. Sec. 160. VIOLATION OF SECTIONS 143 TO 168, METHOD OF PROCEDURE: All prosecutions for violations of the provisions of this act, within the State of Delaware, except as herein otherwise specifically provided, shall be in accordance with the provisions of Section 2410 of the Revised Statutes of the State of Delaware approved October nineteenth, 1914."

"2518, Sec, 161. FORFEITURE OF BOATS, TRAPS &C.; SEIZURE AND DETAINING OF SUCH PROPERTY; JUDGMENT OF FORFEITURE; SALE; PROCEEDS HOW DISPOSED OF; RETURN OF PROPERTY ON ACQUITTAL: Any and every boat, vessel, net, trap, pot, pound, set line, fyke, weir, or other property used by any person for the unlawful taking of, or attempting to take, any fish in the waters aforesaid, in violation of the provisions of Sections 143 to 168, inclusive, of this Chapter, shall be forfeited to the State of Delaware, together with the tackle, apparel and furniture of said boat or vessel, and all other apparatus and implements so unlawfully used; and the same shall be seized and detained by the sheriff, officer, or any county constable, or authorized deputy or deputies, or by any member of the Board of Game and Fish Commissioners, Game Warden or Deputy Game Warden, until sold or discharged, as hereinafter provided. Upon the conviction of any such person, as aforesaid, the Justice of the Peace or the Court shall, in addition to the sentence pronounced against such person, enter an order and judgment of forfeiture against said property so unlawfully used and shall order the sheriff or any constable of the county to at once seize the same wheresoever it may be found, who shall, thereupon, advertise and sell the same at public auction, for cash, to the highest and best bidder for the same, after giving at least ten days’ notice by advertisements posted in at least ten public places of the county, of the time and place of said sale; the proceeds of said sale, after deducting all costs, charges and expenses, shall be paid by the said sheriff or constable to the Board of Game and Fish Commissioners. In the event that the said person, so charged as aforesaid, shall be acquitted, the said property shall be forthwith returned to the person in whose custody it was at the time it was so seized and taken as aforesaid."

"2519. Sec. 162. COSTS AND CHARGES; HOW PAID; ANNUAL APPROPRIATION: The costs, charges and expenses of any proceeding for the violation of the provisions of Sections 143 to 168, inclusive, of this Chapter, shall be taxed and allowed as follows:

To any sheriff, constable, officer, game warden or deputy game warden, for each day actually engaged in seizing the said property, five dollars;

To every person summoned by and rendering aid to such sheriff, constable, game warden or deputy game warden, for each day actually engaged in assisting in seizing said property, two dollars;

To every Justice of the Peace, sheriff, constable, officer, game warden, deputy game warden, witness, or other person performing service under Sections 143 to 168, inclusive, of this Chapter, and not herein specifically mentioned, the same fees as are now provided by law for similar services. Said costs, charges and expenses shall be paid by the officer making the sale out of the proceeds thereof; or if the property be not so sold, then by the State Treasurer upon the certificate of the court or Justice of the Peace, or committing officer, before whom the proceedings were had.

The General Assembly shall appropriate at least the sum of two hundred dollars per annum for the purpose of paying the costs and charges incurred under the provisions of Sections 143 to 168, inclusive, of this Chapter."

"2520. Sec. 163. SHIRRED NETS AND STEAM POWER PROHIBITED; EXCEPTIONS; MENHADEN FISHING LICENSE: It shall be unlawful for any person to catch and take, or to attempt to catch and take from the waters aforesaid, with purse or shirred nets operated by or from steam or other vessels, fish of any kind whatsoever; provided, however, that this section shall not apply to the catching and taking of menhaden, sharks, porpoises, and herring-hogs, by the crews of vessels licensed as provided for in this section. It shall be the duty of the Collector of Oyster Revenue, upon the payment to him annually of the sum of one hundred dollars for each and every vessel or boat, to issue a license to such vessel or boat to catch and take menhaden, sharks, porpoises and herring-hogs in the waters of the Delaware Bay as far north as a straight line drawn from the centre of the mouth of Mahon's River to the nearest point opposite on the New Jersey shore. The said money so received for said licenses shall be paid over to the State Treasurer for the use of the state. Any violation of the provisions of this section shall be a misdemeanor and upon conviction thereof a fine of not less than five hundred dollars nor more than one thousand dollars shall be imposed by the court, and within the State of Delaware the same proceedings shall be had and before the same courts as may now or hereafter be provided by the laws of the said state in the trial of misdemeanors."

"2521. Sec. 164. EXTRACTING OIL FROM FOOD FISH; USE OF FOR FERTILIZER; PROHIBITED: It shall be unlawful for any person to have in his possession or to bring into this State any fish generally known as edible or food fish that has been caught and taken from the waters of the Delaware Bay or River within the bounds aforesaid, for the purpose of extracting oil therefrom, or of converting said fish into fertilizer ; and it shall also be unlawful for any person to extract oil, or to convert, or in any manner assist in extracting oil from, or in converting such fish into fertilizer. Any violation of the provisions of this section shall be a misdemeanor and upon conviction thereof a fine of not less than five hundred dollars nor more than one thousand dollars shall be imposed by the court, and within the State of Delaware the same proceedings shall be had and before the same courts as may now or hereafter be provided by the laws of the said state in the trial of misdemeanors."

"2522. Sec. 165. ARREST WITOUT WARRANT: Any member of the Board of Game and Fish Commissioners, game warden, deputy game warden, Collector of Oyster Revenue, sheriff, constable, or any officer may, upon view, arrest any person violating any of the provisions of Sections 143 to 168, inclusive, of this Chapter, without warrant or writ issued for such purpose."

"2523. Sec. 166. CONCURRENT JURISDICTION AS TO OFFENSES COMMITTED BY INHABITANTS OF NEITHER STATE: Each of the said States of Delaware and New Jersey shall also have concurrent jurisdiction over all offenses and violations of Sections 143 to 168, inclusive, of this Chapter, committed, or attempted to be committed, by any person who is not an inhabitant of either of said States."

"2524. Sec. 167. GOVERNORS OF DELAWARE AND NEW JERSEY TO ISSUE COMMISSION; POWERS OF SUCH OFFICERS; TRIAL AND PUNISHMENT OF OFFENDERS IN STATE OF RESIDENCE; COMMISSIONS MAY BE REVOKED; COMPENSATION OF OFFICERS; POWERS OF POLICE OFFICERS NOT AFFECTED: The Governor of the State of Delaware shall, when and as requested by the Governor of the State of New Jersey, issue a commission or commissions to such person or persons as may be named to him by the Governor of the State of New Jersey, which shall authorize the person or persons to whom the same are directed to arrest the inhabitants of either the State of Delaware or the State of New Jersey for any violation of the provisions of Sections 143 to 168, inclusive, of this Chapter. The Governor of this State may, at any time, and shall, when and as requested by the Governor of the State of New Jersey, revoke the said commissions, or any of them. The compensation of the person or persons to whom such commission or commissions may be directed shall be paid wholly by the State of New Jersey.

The Governor of the State of New Jersey shall, when and as requested by the Governor of the State of Delaware, issue a commission or commissions to such person or persons as may be named to him by the Governor of the State of Delaware, which shall authorize the person or persons to whom the same are directed to arrest the inhabitants of either the State of Delaware or the State of New Jersey for any violation of the provisions of Sections 143 to 168, inclusive, of this Chapter. The Governor of the State of New Jersey may, at any time, and shall, when and as requested by the Governor, of the State of Delaware, revoke the said commissions, or any of them. The compensation of the person or persons to whom such commission or commissions may be directed shall be paid wholly by the State of Delaware.

Nothing contained in this section shall be so construed as to prevent the arrest of any inhabitant of the State of Delaware by any other officer or person having authority under the laws of the said State of Delaware to make arrests for the violation of the provisions of Sections 143 to 168, inclusive, of this Chapter."

"2525. Sec. 168. SECTIONS 143 TO 168, INCLUSIVE; TO BECOME OPERATIVE WHEN: The provisions of Sections 143 to 168, inclusive, as hereby enacted and amended, shall go into effect upon the approval hereof by the Governor of the State of Delaware."

Approved March 16, A. D. 1915.