Unless otherwise authorized by regulation promulgated by the Department or permit issued by the Division or Director, it shall be illegal for any person to fish for any freshwater fish in the nontidal waters of this State with any fishing equipment or by any method, unless it is provided for in the following paragraphs:

(1) A hook and line may be used, and each hook and line shall have no more than 3 hooks or 3 separate lures with hooks.

(2) Except for a person fishing for freshwater finfish with a hook and line through ice, the number of hooks and lines any 1 person shall be permitted to use to fish for any freshwater finfish in the nontidal or fresh waters of the State shall be no more than 2. Fishing through ice shall be governed by regulations promulgated by the Department.

(3) A person may use a dip net to aid in landing any freshwater finfish taken or caught by hook and line in the nontidal or fresh waters of the State.

(4) Upon the request of an owner or tenant of any pond, lake or impoundment located in the State, the Director may issue a permit to said owner or tenant, authorizing said owner or tenant to fish for freshwater finfish with any fishing equipment, or by any method other than what has been authorized by this chapter or any regulation promulgated by the Department or permit issued by the Director. However, no owner or tenant of any pond, lake or impoundment located in this State shall use or attempt to use any chemical, poison and/or electrical equipment or device to fish for freshwater finfish.

(5) Upon the request of the owner of any privately owned pond located in the State, employees of the Division may be authorized by the Director to use any chemical, poison and/or electrical equipment or device to fish in said owner’s pond for the purpose of fish management practices.

(6) Carp may be taken and/or fished for by using a bow and arrow and/or spear, unless said equipment or method is otherwise restricted by any regulation promulgated by the Department.

Code 1915, § 2529; 30 Del. Laws, c. 176, § 8; Code 1935, § 3017; 7 Del. C. 1953, § 1106; 64 Del. Laws, c. 251, § 2.