7 Del. Admin. Code § 9201-9.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 9201-9.0 - Surf Fishing Vehicles- Environmental D Violations

9.1 The Division through its authorized agents shall collect an annual fee and issue an appropriate permit for each 2 axle vehicle, with no less than 4 and no more than 6 wheels, equipped for travel upon sand beaches for the purpose of surf fishing at Cape Henlopen State Park, Delaware Seashore State Park, Fenwick Island State Park, and Beach Plum Island.

9.1.1 Surf Fishing Vehicle Permits shall be issued only to those vehicles duly registered and licensed to operate on public highways.

Surf fishing vehicles must be equipped with a shovel, jack, tow rope or chain, board or similar support for the jack and a low-pressure tire gauge.

9.2 No person shall operate a vehicle upon the beach areas or dune crossings administered by the Division without a permit for such vehicle as set forth in subsection 10.1.

9.2.1 The owner's copy of the permit receipt shall be available for inspection at all times when the vehicle is being operated on such beach areas.

9.3 A valid surf fishing vehicle plate with a current surf fishing decal affixed must be properly displayed on the vehicle for which the permit was issued prior to operation on beach areas administered by the Division.

9.3.1 The valid surf fishing vehicle plate shall be affixed to the front of the vehicle.

9.3.2 A valid blue and white numberless plate will be issued upon the purchase of a permit. Numbered surf fishing plates issued prior to 2015 are hereby invalid.

9.3.3 A valid Low Digit Tag may be used in place of the blue and white numberless plate.

9.3.3.1 A Low Digit Tag is a black and white numbered plate auctioned by the Division starting in 2015.

9.3.3.2 A surf fishing permit must be purchased for the current calendar year for the Low Digit Tag to be valid.

9.3.3.3 If a surf fishing permit is not purchased within a current calendar year for the Low Digit Tag, the Division of Parks and Recreation shall have the sole discretion to reissue that Low Digit Tag number.

9.3.3.4 If a Low Digit Tag number is reissued, any previously issued iterations of the Low Digit Tag number are henceforth invalid.

9.3.3.5 The sale, transfer or inheritance of a low digit tag is permitted. The owner and buyer/receiver of the low-digit tag must be present and complete an Affidavit to Transfer form to authenticate the transfer/sale. By law, surf-fishing tags numbered 200 or below may only be transferred to another Delaware-registered vehicle. All rules and regulations pertaining to the ownership of the low-digit surf fishing tag shall transfer to the new owner.

9.4 It shall be a violation of this Section to loan a Surf Fishing Vehicle Permit, or to use or attempt to use a Surf Fishing Vehicle Permit on any vehicle other than the vehicle it is assigned to. In addition to other action that may be taken, the permit will may be confiscated and held as evidence.

9.5 It shall be unlawful to operate any vehicle on any authorized dune crossing or on any beach area administered by the Division at any speed that is greater than is reasonable and prudent under the conditions, and having regard to the actual and potential hazards then existing, but never exceeding 15 m.p.h. In every event, speed shall be controlled and limited to that speed necessary to maintain traction and steerage.

9.6 The capacity of the beaches administered by the Division to absorb the impact of vehicles, without substantial environmental degradations and decreased quality of experience for all visitors is limited. Therefore, vehicle use on the designated beaches is restricted to persons actively engaged in surf fishing. Permitted surf fishing vehicle operation on the beaches administered by the Division for reasons other than traveling to and from fishing areas for the express purpose of actively engaging in surf fishing, is prohibited. Any permitted surf fishing vehicle parked for any period of time on the beaches administered by the Division, without one or more persons who arrived in that vehicle being actively engaged in surf fishing is prohibited. When no one who arrived in the surf fishing vehicle is actively engaged in surf fishing, the surf fishing vehicle shall exit the beach immediately. In addition to other penalties prescribed in these rules and regulations and by statute, violation of this subsection is grounds for suspension or revocation of the permit.

9.6.1 Use of a surf fishing permit for the purpose of commercial bait fishing is permitted on the beaches administered by the Division provided all conditions and requirements of said permit are met and a permit is obtained from the Director.

9.6.2 All persons actively engaged in surf fishing must possess adequate saltwater fishing tackle, bait and/or lures commonly used for surf fishing.

9.6.3 On the beaches administered by the Division, surf fishing vehicles shall park between the toe of the dune and the high tide line in a single row, specifically meaning no vehicle shall park in front of or behind another vehicle.

9.7 The Division shall designate areas for surf fishing vehicle use on beaches under its jurisdiction. These areas shall be marked with symbol signs indicating 24-hour access, limited access and no access. Operation of a vehicle in an area not authorized for such use or during times and/or dates the area is closed to vehicles shall be a violation of this regulation.

9.8 The use or operation of any vehicle whatsoever, on, over, or across the sand dunes on Division lands is expressly prohibited, except when it is a vehicle displaying a valid Delaware Surf Fishing Vehicle Permit and is crossing dunes at authorized dune crossings, which are designated and maintained for that purpose by the Division.

9.8.1 Any other use or operation of a vehicle on, over or across the primary sand dunes, except at authorized crossings, is expressly prohibited. Violators of this regulation may be charged under 7 Del.C. § 6805(b) which carries a penalty of $200 to $5,000 or imprisonment for up to two years or both, in addition to reimbursing the Department for reasonable expenses in remedying damages created.

9.9 Beach areas, including surf fishing areas, may be closed to pedestrians and vehicles, in whole or in part, for resource protection or for health, welfare, and/or safety reasons for such a period as may be determined by the Department. Unauthorized entry into a posted and/or barricaded closed area shall be a violation of this regulation.

9.10 The Director shall have the right to suspend Surf Fishing Vehicle Permits for up to 90 days or to revoke permits for up to three (3) years for conviction of reckless operation of a surf fishing vehicle or operation of a surf fishing vehicle under the influence of alcoholic beverages and/or drugs on lands administered by the Division or for violations of these regulations.

7 Del. Admin. Code § 9201-9.0

19 DE Reg. 854 (4/1/2016) (Final)