RECREATIONAL GILL NET

 

            This summary provides introductory information on recreational fishermen who fish gill nets in Delaware’s tidal waters, but does not attempt to fully explain all aspects of the applicable regulations and laws.  The summary is provided for the convenience of the reader.  The Delaware Department of Natural Resources and Environmental Control (DNREC) caution that the exact language of the statutes and regulations is the best guide to their meaning.

 

            Accordingly, while DNREC intends the following summary to be useful as a way of quickly introducing key concepts, each person involved with fishing gill nets should rely on the actual language of the provisions for ultimate guidance.  All persons have a paramount responsibility to comply with the Delaware law as found in the Delaware Code and the DNREC’s regulations.  Compliance with this summary will not be a defense to a violation of state law.

 

            Laws in Title 7, Chapter 9 of the Delaware Code and Tidal Finfish Regulations pertaining to recreational gill nets are available from the Fisheries Section, Division of Fish and Wildlife (DFW), P.O. Box 1401, 89 Kings Highway, Dover, DE 19903, (302-739-3441).

 

            Anyone who fishes for food fish with a gill net must obtain an annual gill net permit from the DFW at 89 Kings Highway, Dover, DE on weekdays between 8 AM and 4:30 PM.  A permit expires on December 31.  Applicants must produce evidence of residency and pay $5.00 (resident) or $50.00 (non resident).  Residents 65 years and older are exempt from the fee but must still obtain the permit. 

 

A gill net permit authorizes the permittee to fish no more than 200 feet of fixed gill net.

 

            A gill net permit will not be issued in combination with a commercial food fishing license and vice versa to any person unless that person has been issued both a commercial food fishing license and a gill net permit for the previous year; thus, in effect, making that person a commercial gill netter.  Commercial gill netting is a limited entry fishery.

 

RECIPROCITY

            The DFW shall not issue this license (permit) to a nonresident from a state that does not reciprocate for a Delaware resident.

 

A RECREATIONAL GILL NETTER SHALL NOT:

·          fish a gill net in any non tidal waters,

·          fish any gill net more than ˝ nautical mile from the mean high water line of Delaware River and Bay beginning on May 11 and ending on September 30, with the following exceptions;

1)      No gill nets shall be fished between Cape Henlopen Point and the northern boundary of Beach Plum Island Nature Preserve between May 1 and November 30, and

2)      No gill nets shall be fished between the northern boundary of Beach Plum Island Nature Preserve and the Murderkill River between May 1 and June 30.

·          fish more than 200 feet of fixed gill net;

·          drift a gill net at any time;

·           fish a gill net more than 1000 feet from the shoreline of Rehoboth Bay, Indian River and Bay, Little and Big Assawoman Bays, Nanticoke River and all tributaries to these waters and tributaries to the Delaware

                        River and Bay between and including May 11 and September 30;

·           fish a gill net within 150' of another’s net;

·           fish a gill net within 300' of any dam;

·           fish a gill net that obstructs navigation or that extends more than 1/3 the distance   across any canal, river, stream, canal or ditch;

·           fish a gill net in Assawoman Canal, Indian River from Millsboro dam to the first    Canal marker approximately 1000 yards down river, Massey’s Ditch, Fenwick            Ditch, Lewes and Rehoboth Canal, Broadkill River

            to a point 1000 yards up river from Roosevelt Inlet, Mispillion River between the jetties, Cedar Creek upriver to a point 500 yards south of Rt. 36, or Murderkill River up river to Webbs Landing.

·           fish a gill net within a one  half nautical mile radius outside the mouths of the Salem River, Christina River, Delaware City Canal and the C&D Canal;

·           fish a gill net within a 90° arc and a one-half nautical mile radius outside the mouths of Smyrna River, Leipsic River, Mahon River, Little River, Mispillion River and Roosevelt Inlet and the day marker located 1 mile east of the mouth of the Murderkill River.

·           fish a gill net in the ocean within a 1 nautical mile radius of the mouth of Indian River Inlet or in Indian River Bay within one half nautical mile radius of the mouth of Indian River Inlet.

·           fish a gill net over leased oyster grounds.

·           remove any fish from another’s gill net or remove from the water a gill net belonging to another person without written permission from the owner          (permittee) of the gill net.

·           set a gill net that belongs to another person;

·           leave a gill net unattended for more than 48 hours;

·           leave gill net’s anchors, stakes, floats or lines in the water for more than 14 days   after the net is removed;

·           fish a gill net in any configuration other than a straight line;

·           sell, barter or trade or attempt to sell, barter or trade any foodfish taken from his/her gill net;

·           fish a gill net with a mesh size less than 3 1/4" stretch measure, in the Delaware   River and Bay and the ocean.

 

SEASONS, SIZE LIMITS AND CREEL LIMITS

            Recreational gill netters must abide by the same seasons, size limits and creel limits for food fish that apply to recreational anglers.  Striped bass shall not be retained if taken with a recreational gill net. Visit http://www.dnrec.state.de.us/fw/fishing.htm for current regulations.

NOTE: All recreational gill nets must be out of the water in Delaware Bay and the Atlantic Ocean during the periods in Year 2002 on May 1-12, 17-19, 24-26, May 31 - June 2, June 7 - 9, 14-16 and June 24-30.

NET MARKING REQUIREMENTS:

            In the Delaware River and Bay, Ocean, Indian River Bay, Rehoboth Bay and Little and Big Assawoman Bays, between and including April 1 and November 30, a gill net must have attached on each end a red or international orange flag at least 12" x 12" on a staff at least 4' above the water.

            In the Delaware River and Bay, Ocean, Indian River Bay, Rehoboth Bay and Little and Big Assawoman Bays, between and including December 1 and March 31 a gill net must have attached on each end either the above described flag or a red or international orange float at least 8" in diameter.

            In tidal tributaries to the above waters and the Nanticoke River and its tributaries, gill nets must have attached either flags or floats as described above.

            In all tidal waters at all times, a gill net must have attached white floats at least 4" in diameter between the end flags or floats with one float being within 20 feet of each red or orange end flag or float.  The permittee’s assigned number must be affixed to each end flag or float and be at least two inches in size.  At least 24 square inches of reflective material must be affixed to each end flag or float.