§ 1801 Definitions.

7 DE Code § 1801 (2019) (N/A)
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(a) [Repealed.]

(b) “Commercially fish” shall mean for any person to attempt to take, take, catch, kill or reduce to possession any eel for the purpose of selling, trading or exchanging for money, materials or services with another or to set or fish any commercial eel fishing gear as defined in § 1810(3) of this title.

(c) “Delaware Bay” shall mean all those waters and submerged lands under the jurisdiction of the State located within an area bordered on the north by a straight line drawn between Liston Point, Delaware and Hope Creek, New Jersey and bordered on the south by a line drawn from Cape May Light to Harbor of Refuge Light; thence to the northernmost extremity of Cape Henlopen, but not including any tributaries thereto.

(d) “Delaware River” shall mean all those waters and submerged lands under the jurisdiction of the State located within an area to the north of a straight line connecting Liston Point, Delaware and Hope Creek, New Jersey, but not including any tributaries thereto.

(e) “Department” shall mean the Department of Natural Resources and Environmental Control.

(f) “Eels” shall mean American eels, Anguilla rostrata.

(g) “Initially sold” shall mean the first transaction of eel exchange between the person catching the eels and another person for monetary, material or services exchange.

(h) [Repealed.]

(i) “Nontidal waters” shall mean those waters where the tide does not regularly rise and fall.

(j) “Person” shall mean any human being.

(k) “Resident” shall mean a person who has resided in this State continuously for 1 year.

(l) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s duly authorized designee.

(m) “Tidal waters” shall mean those waters where the tide regularly rises and falls.

(n) “To fish” shall mean to attempt to take, take, catch, kill or reduce to possession any eel by any means whatsoever.

61 Del. Laws, c. 256, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 196, §§  4, 5.