7 Del. Admin. Code § 3501-3504

Current through Register Vol. 28, No. 7, January 1, 2025

Section 3501-3504 - Striped Bass Possession Size Limit; Exceptions

(Penalty Section 7 Del.C. § 936(b)(2))

1.0 Notwithstanding, the provisions of 7 Del.C. § 929(b)(1), it is unlawful for any recreational fisherman to take and reduce to possession any striped bass that measures less than 28 inches in total length or any striped bass that measures greater than 31 inches in total length, except that a recreational hook and line fisherman may only take one striped bass measuring not less than 20 inches in total length and not greater than 24 inches in total length from the Delaware River, Delaware Bay, or their tributaries during the months of July and August.

2.0 Notwithstanding, the provisions of 7 Del.C. § 929(b)(1), it is unlawful for any commercial food fisherman to take and reduce to possession any striped bass that measure less than 28 inches in total length from the tidal waters of this State except that commercial gill net fishermen may take striped bass measuring no less than 20 inches in total length from the tidal waters of the Delaware River and Delaware Bay or their tributaries during the period from February 15 through May 31 or from the tidal waters of the Nanticoke River or its tributaries during the period from February 15 through March 31.

3.0 It is unlawful for any person to possess a striped bass except in accordance with Section 1.0 or 2.0 of this section or unless said striped bass is in one or more of the following categories:

3.1 It has affixed a valid strap tag issued by the Department to a commercial food fisherman and was legally taken and tagged by said commercial food fisherman; or

3.2 It was legally landed in another state for commercial purposes and has affixed a valid tag issued by said state's marine fishery authority; or

3.3 It entered Delaware packed or contained for shipment, either fresh or frozen, and accompanied by a bill-of-lading with a destination to a state other than Delaware; or

3.4 It was legally taken and reduced to possession in another state for noncommercial purposes by the person in possession of said striped bass and there is affixed to either the striped bass or the container in which the striped bass is contained a tag that depicts the name and address of the person landing said striped bass and the date, location, and state in which said striped bass was landed; or

3.5 It is the product of a legal aquaculture operation and the person in possession has a written bill of sale or receipt for said striped bass.

4.0 It is unlawful for any commercial finfisherman to possess any striped bass for which the total length has been altered in any way prior to selling, trading or bartering said striped bass.

5.0 The words "land" and "landed" shall mean to put or cause to go on shore from a vessel.

6.0 The words "take and reduce to possession" shall mean the removal of any striped bass from Delaware waters with the intent to keep or harvest the striped bass.

7.0 It is unlawful for a commercial finfisherman authorized to fish during Delaware's commercial striped bass fishery to land any striped bass that measures less than 20 inches in total length.

7 Del. Admin. Code § 3501-3504

3 DE Reg. 1088 (2/1/2000)
4 DE Reg. 230 (7/1/2000)
4 DE Reg. 1552 (3/1/2001)
6 DE Reg. 1512 (5/1/2001)
7 DE Reg. 1205 (3/1/2004)
8 DE Reg. 1718 (6/1/2005)
12 DE Reg. 1228 (3/1/2009)
18 DE Reg. 889 (5/1/2015)
20 DE Reg. 467 (12/1/2016)
24 DE Reg. 175 (8/1/2020)
26 DE Reg. 1070 (6/1/2023)
28 DE Reg. 58 (7/1/2024) (Final)