The following limits prescribed by the Atlantic States Marine Fisheries Commission for eel on August 20, 2013, shall be in effect until the Department adopts regulations pursuant to the authority granted in § 1809 of this title.

(1) Minimum mesh size for eel pots shall not be less than ½ inch by ½ inch.

(2) It shall be unlawful for any person to possess any eel that measures less than 9 inches in total length.

(3) “Commercial eel fishing gear” shall include the following items:

a. A fyke net or hoop net of a diameter not exceeding 30 inches when more than 1 such net is being fished by a person;

b. Eel pots when more than 2 such pots are being fished by a person;

c. Any seine net with a mesh size of less than 1 inch and greater than 100 feet in total length; and

d. A minnow trap when more than 2 such traps are being fished by any person.

(4) “Noncommercial eel fishing gear” shall include the following items:

a. A fyke net or hoop net of a diameter not exceeding 30 inches when only 1 is in use by a person;

b. Eel pots when 2 or less pots are being fished by a person;

c. A seine net less than or equal to 100 feet in length;

d. A cast net;

e. A lift net or umbrella net less than or equal to 5 feet in diameter;

f. A dip net less than or equal to 3 feet in diameter;

g. Spear, arrow or gigs;

h. A minnow trap when less than 2 are being fished by a person;

i. Hooks and lines when an individual places, sets or tends 3 or less separate lines with any 1 line having no more than 3 hooks attached (double and treble hooks counted as 1 hook).

(5) It shall be unlawful for any person to possess more than 25 eels, unless said person has been issued a valid commercial eel license or has in that person’s possession a valid receipt for said eels from another person who is authorized to catch or take eels for commercial purposes.

72 Del. Laws, c. 296, § 2; 80 Del. Laws, c. 196, § 2.