DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: •Governor’s Executive Orders •Governor’s Appointments •Agency Hearing and Meeting Notices •Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 10 DE Reg. 1690 - 1698 (05/01/07) Refers to Volume 10, pages 1690 - 1698 of the Delaware Register of Regulations issued on May 1, 2007. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE DATECLOSING DATECLOSING TIME August 1July 164:30 p.m. September 1August 154:30 p.m. October 1September 154:30 p.m. November 1October 154:30 p.m. December 1November 154:30 p.m. DIVISION OF RESEARCH STAFF Deborah A. Porter, Interim Supervisor; Judi Abbott, Administrative Specialist I; Steve Engebretsen, Assistant Registrar; Jeffrey W. Hague, Registrar of Regulations; Ruth Ann Melson, Legislative Librarian; Deborah J. Messina, Print Shop Supervisor; Kathleen Morris, Administrative Specialist I; Teresa Porter, Printer. Debbie Puzzo, Research Analyst; Georgia Roman, Unit Operations Support Specialist; Victoria Schultes, Administrative Specialist II; Don Sellers, Printer; Alice W. Stark, Senior Legislative Attorney; Rochelle Yerkes, Administrative Specialist II. DELAWARE COUNCIL ON POLICE TRAININGStatutory Authority: 11 Delaware Code, Section 8404(a)(5) (11 Del.C., §8404(a)(5)) PUBLIC NOTICE The Council on Police Training (COPT), in accordance with 11 Delaware Code §8404(a)(14) and 29Delaware Code §10115 of the Administrative Procedures Act, hereby gives notice that it shall hold a public hearing on July 24, 2007 at 9:00 a.m., in the first-floor conference room of the Delaware State Police Training Academy, N. DuPont Highway, Dover, Delaware 19903. The Council on Police Training will receive written comments or oral testimony from interested persons regarding the following regulations to amend current COPT Regulation 8.0 (Re-activation Requirements of Police Officers). The final date for interested persons to submit written comments shall be the date of the public hearing. Written comments should be directed to Captain Ralph H. Davis, III, Director, Delaware State Police Training Academy, P.O. Box 430, Dover, DE 19903-0430. Any person wishing to make written or oral comments who would like a copy of the proposed regulations may contact the COPT at (302) 739-5903, or write to the above address. 1901 Delaware Council on Police Training(Break in Continuity of Sections) 8.0Re-activation Requirements of Police Officers 8.1Inactive Status 8.1.1Whenever a police officer required to be certified by the Council on Police Training retires, resigns, or otherwise voluntarily or involuntarily leaves his or her employing law enforcement agency, the chief of the employing agency shall advise the Administrator of the separation in writing within five (5) business days of the separation and identify the circumstances of the separation. 8.1.2Upon receiving notice of a police officer’s separation from law enforcement employment, the Administrator shall place that individual on inactive status in which status he or she is not authorized to exercise the powers of a police officer until such time as he or she meets the requirements for re-activation. 8.1.3The Administrator may re-activate the individual’s certification upon written application from the individual that he or she has accepted another full-time police position with a law enforcement agency whose training is regulated by the COPT and provided that the individual is not the subject of a de-certification proceeding pursuant to 29 Delaware Code §8404(4) and the individual meets all other criteria for re-activation which the Council has adopted in Regulation 8.2 8.12Re-activation Requirements 8.12.1If not employed on a permanent basis for a period of less than 12 months, an individual must complete all in-service requirements mandated by the Council pursuant to 11 Del.C. Section 8404(a)(5) prior to recommencing employment. 8.12.2If not employed on a permanent basis for a period of greater than 12 months but less than 36 months, an individual must satisfy all minimum standards for initial employment established by the Council. These include, but are not limited to, the following: 8.12.2.1Medical background including: 8.12.2.1.1Medical history / physical examination form 8.12.2.1.2Physicians affidavit 8.12.2.1.3Weight chart 8.12.2.1.4Substance abuse screen 8.12.2.2The results of a validated psychiatric / psychological test and interview, indicating competency to perform law enforcement duties. 8.12.2.3Current criminal history record check, including fingerprints obtained from the State Bureau of Investigations. 8.12.2.4Background investigation. Standardized form (IV-14) which consists of a minimum checklist. 8.12.2.5All training requirements prescribed by the Council, including, but not limited to First Responder and Firearms recertification. 8.12.2.6Firearms training. 8.12.3If not employed on a permanent basis for a period of greater than 36 months but less than 60 months, an individual must satisfy all minimum standards for initial employment established by the Council. These include, but are not limited to, the following: 8.12.3.1Medical background including: 8.12.3.1.1Medical history / physical examination form 8.12.3.1.2Physicians affidavit 8.12.3.1.3Weight chart 8.12.3.1.4Substance abuse screen 8.12.3.2The results of a validated psychiatric / psychological test and interview, indicating competency to perform law enforcement duties. 8.12.3.3Current criminal history record check, including fingerprints obtained from the State Bureau of Investigation. 8.12.3.4Background investigation. Standardized form (IV-14) which consists of a minimum checklist. 8.12.3.5First Responder recertification 8.12.3.6Complete a Firearms basic certification course. 8.12.3.7Complete an academy basic criminal procedures, criminal law and traffic law course. 8.12.3.8Complete any other academic requirement imposed by the Delaware State Police, Director of Training, following a review of the individuals training records. 8.12.4If not employed on a permanent basis for a period of greater than 60 months, an individual must satisfy all requirements imposed by the Director of the Delaware State Police Training Division following a review of the individual’s training history and after approval by the Council. *Please Note: As the rest of the sections were not amended, they are not being published. For a complete set of the rules and regulations for the Council on Police Training, contact the Council on Police Training, or the Office of the Registrar of Regulations. A PDF version of the regulation is available at: http://regulations.delaware.gov/register/july2007/proposed/copt.pdf DELAWARE RIVER BASIN COMMISSIONPUBLIC NOTICE Revised Proposed Amendments to the Comprehensive Plan and Water Code Relating to a Flexible Flow Management Plan for Operation of the New York City Delaware Basin ReservoirsThe Delaware River Basin Commission ("DRBC" or "Commission") is a federal-interstate compact agency charged with managing the water resources of the basin without regard to political boundaries. Its commissioners are the governors of the four basin states - Delaware, New Jersey, New York, and Pennsylvania - and a federal representative appointed by the President of the United States. The Commission is not subject to the requirements of 29 Delaware Code Chapter 101. This notice is published by the Commission for informational purposes. Summary: The Commission will hold a public hearing and accept written comment on a revised proposal to amend the agency's Comprehensive Plan and Water Code to establish a Flexible Flow Management Program (FFMP) for the New York City Delaware Basin Reservoirs ("City Delaware Reservoirs") for multiple objectives, including, among others, (a) providing safe and reliable supplies of water, (b) managing discharges, (c) assisting in mitigating floods, (d) providing flows in the tailwaters to help sustain cold water fisheries, and (e) providing flows to help protect ecological health, support withdrawal and non-withdrawal uses and repel salinity. The current reservoir releases program, established by Resolution No. 2004-3, and the current spill mitigation program, established by Resolution No. 2006-18, both were due to expire on May 31, 2007. By Resolution No. 2007-7 on May 10, 2007, the Commission extended these programs through September 30, 2007 in light of this ongoing rulemaking process. The Commission will also accept comment on alternative reservoir management strategies that may be adopted in the event that the decree parties do not unanimously consent to the proposed FFMP or the Commission does not promulgate regulations embodying the FFMP. The alternative reservoir releases options to be considered are (1) extending the current reservoir releases program or (2) reinstating a previous reservoir releases program. In evaluating these options, the Commission will also consider a seasonal spill mitigation program or an annual spill mitigation program for the three reservoirs and an amelioration program for the potential effects on the tailwaters fishery of the Lake Wallenpaupack drought operating plan adopted by Resolution No. 2002-33. The releases program adopted in the event that the proposed FFMP is not approved would continue in effect until any expiration date contained in the program adopted or unless and until replaced by another program that has been approved by the Commission. If approved by the Commission, the FFMP will supersede Docket D-77-20 CP (Revised) until the FFMP's expiration on May 31, 2010 or further renewal date, and all other versions of Docket D-77-20 CP shall be rescinded or expire. A comprehensive reassessment of safe yield and operations of selected basin reservoirs will be undertaken during the first three years that the FFMP is in effect. Any alternative program addressing issues regarding which the public has not been provided notice through the present rulemaking may require a further notice and comment rulemaking process. In accordance with Section 3.3 of the Delaware River Basin Compact, any program affecting the diversions, compensating releases, rights, conditions, and obligations of the 1954 Supreme Court Decree in the matter of New Jersey v. New York, 347 U.S. 995, 74 S. Ct. 842 also requires the unanimous consent of the decree parties, which include the states of Delaware, New Jersey and New York, the Commonwealth of Pennsylvania, and the City of New York. Background: The flow management objectives considered by the Supreme Court Decree of 1954 were narrower than the diverse objectives that have emerged in the decades since. Today, the finite waters of the Delaware and the limited storage available in the basin are being managed for multiple purposes, including among others water supply and drought mitigation, flood mitigation, habitat protection in the tailwaters fishery, the mainstem and the estuary and salinity repulsion. In accordance with the Delaware River Basin Compact, a statute concurrently enacted in 1961 by the United States and the four basin states - Delaware, New Jersey, New York and Pennsylvania - the Delaware River Basin Commission may modify diversions, releases, rights, conditions and obligations established by the decree, provided that the decree parties unanimously consent to such modifications. The Commission and decree parties have made use of this authority to provide flexibility to respond to fluctuating hydrologic conditions and evolving priorities throughout the Commission's history. Unlike the experimental programs instituted by the Commission in the past, the FFMP is intended to provide a comprehensive framework for addressing multiple flow management objectives, including, in addition to water supply, drought mitigation and protection of the tailwaters fishery, a diverse array of habitat protection needs in the mainstem, estuary and bay, assistance in mitigating the impacts of flooding, recreational goals and salinity repulsion. Some of the flow needs identified by the parties have not yet been defined sufficiently for the development of detailed plans. These include protection of the dwarf wedgemussel, a federal and state-listed endangered species present in the mainstem, oyster production in Delaware Bay, and protection of warm-water and migratory fisheries in the lower basin. Incremental and periodic adjustments are expected to be made to the FFMP for these purposes, based upon ongoing monitoring, scientific investigation, and periodic re-evaluation of program elements. A central feature of the reservoir release programs implemented to date for management of the tailwaters fishery has been the use of reservoir storage "banks" employed for narrowly defined purposes under specific hydrologic and temperature conditions and at specified times of the year. These are applied in conjunction with a set of fixed seasonal flow targets. The system requires complex daily flow and temperature modeling as a component of determining the releases, and as a result, the program is difficult and costly to administer. The current approach also lacks the seasonal fluctuations characteristic of a natural flow regime. The FFMP would largely eliminate the use of banks and would base releases instead on reservoir storage levels, resulting in larger releases when water is abundant and smaller releases when storage is at or below normal. The result would more closely approximate a natural flow regime. In addition, the FFMP would provide for more gradual transitions (or "ramping") from higher to lower releases and vice versa than the current regime. The FFMP would include a discharge (spill) mitigation component similar to but enhancing the temporary programs implemented in the past. The storage represented by snowpack water content would continue to be considered. The decree parties have considered the broad range of public comments that were received on the FFMP that was published in February and have proposed several revisions in response to those comments. The discharge mitigation provisions of the release program would be enhanced by increasing the rate of releases from Cannonsville Reservoir and modifying the release triggering curves by extending the period during which releases are triggered at the 75 percent storage level and expanding the period of time during the year covered by the program. These releases would also serve to provide more water than did the previous FFMP proposal for fisheries protection during the spring and early summer. A Temporary Release Quantity would be established for a 3-year period, supported by the Excess Release Quantity specified in the decree, and making release water available to meet Montague and Trenton flow objectives under certain conditions. The maximum New Jersey diversion authorized in the decree, which was reduced during drought operations by the Good Faith Agreement of the decree parties and the Commission's Water Code would be partially restored by the revised FFMP, resulting in continuation of New Jersey's 100 mgd diversion during normal and drought watch operations; and diversions of 85 mgd during drought warning and drought emergency operations. The Montague flow objective would be detached from the Good Faith Agreement's salt front vernier during drought emergency operations. Hydrologic modeling and habitat assessments are being undertaken to evaluate the sustainable benefits of the FFMP for the tailwaters fishery and for discharge mitigation. In addition, an evaluation is being made of the potential benefits and costs of increasing storage in one or more of the City Delaware Reservoirs that may improve the capacity of the system to meet the full range of flow objectives. If a decision of DRBC commissioners on details of the FFMP with the unanimous consent of the decree parties cannot be reached at the Commission meeting on September 26, 2007, the parties intend to continue to work at refining and improving the FFMP. Under such circumstances, for an interim period, the parties will consider extending the current fisheries management program or reinstating a previous regime. In either case, a discharge mitigation plan and an amelioration program for the potential effects of the Lake Wallenpaupack drought operating plan will also be considered. The revised proposed FFMP in its entirety and the proposed regulations embodying the FFMP will be posted on the website of the Delaware River Basin Commission, www.drbc.net, on or before Monday, July 16, 2007. Dates: Two public hearings on the revised FFMP proposal will be conducted at 2:30 p.m. and 6:30 p.m. respectively on Tuesday, August 14, 2007 at the office building of the Delaware River Basin Commission in West Trenton, NJ. Written comments will be accepted through Wednesday, August 15, 2007. To allow sufficient time for consideration of written comments, comments must be received, not merely postmarked, by that date. In addition, three informational meetings will be held on the revised proposal. The first informational meeting will take place during a meeting of the Commission's Regulated Flow Advisory Committee (RFAC), which will be held at 10:00 a.m., held on June 27, 2007 at the PPL Lake Wallenpaupack Environmental Learning Center in Hawley, PA. The second will take place during the morning conference session of the Commission's regularly scheduled meeting at 10:15 a.m., on Wednesday, July 18, 2007 at the DRBC office building in West Trenton, NJ. The third informational meeting will take place at 1:00 p.m. on Tuesday, August 14, 2007, immediately prior to the first public hearing on the proposal, scheduled for that date at the Delaware River Basin Commission office building in West Trenton, NJ. Addresses: Directions to the Commission's office building, located at 25 State Police Drive in West Trenton, NJ, are available on the DRBC website at www.drbc.net. Please do not rely upon MapQuest or other Internet mapping services for driving directions, as they may not provide accurate directions to the DRBC. Directions to the Lake Wallenpaupack Environmental Learning Center are available at http://www.pplweb.com/lake+wallenpaupack/contacts+and+directions/get+directions.htm and will be posted on the DRBC website, www.drbc.net on or before July 16, 2007. Written comments must include the name, address and affiliation of the commenter. Comments may be submitted by email to paula.schmitt@drbc.state.nj.us; by U.S. Mail to: Commission Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628-0360; and by fax to Attn: Commission Secretary at 609-883-9522. In all cases, the subject line should include the phrase, "FFMP Comment". Previously Submitted Comments: All written comments submitted to the Commission during the prior comment period, or presented orally or in writing to the Commission at its prior scheduled public hearings, with regard to the form of the FFMP posted on the Commission's website in February, 2007, will be included in the administrative record for this rulemaking and need not be resubmitted. Further Information, Contact: The text of the proposed FFMP in its entirety and the proposed regulations embodying the FFMP will be posted on the website of the Delaware River Basin Commission, www.drbc.net, on or before July 16, 2007 and will remain posted through September 26, 2007. Please contact Pamela M. Bush, Esquire, Commission Secretary and Asst. General Counsel at 609-883-9500 ext. 203 with questions about the proposed rule change or the rulemaking process. Pamela M. Bush, Esquire Commission Secretary and Assistant General Counsel June 14, 2007 DEPARTMENT OF AGRICULTUREDELAWARE FOREST SERVICEStatutory Authority: 3 Delaware Code, Sections 1008 and 1011 (3 Del.C. §§1008 and 1011) 3 DE Admin. Code 402 PUBLIC INOTICE The Department proposes these amendments to the Forest Service's Regulations pursuant to 3 Del.C. Sections 1008 and 1011. The purpose of these proposed amendments is to ensure that these publicly owned lands are conserved, protected, and maintained for the benefit of all. These proposals make the State Forest regulations more consistent with similar regulations for other land-managing Delaware agencies. Copies of the proposed amendments to the regulations may be obtained from the State Forester's Office. The Department will accept written comments from the public on the proposed amendments for thirty (30) days. Public comments should be submitted to Michael Valenti, Assistant Forestry Administrator, on or before 1:00 p.m., July 31, 2007, at the Delaware Department of Agriculture, 2320 South DuPont Highway, Dover, DE, 19901. 402 State Forest Regulations1.0Authority 1.1These regulations are promulgated pursuant to the delegation of authority to the Department of Agriculture by the General Assembly found in 3 Del.C. Sections 1008 and 1011. 6 DE Reg. 517 (10/1/02) 6 DE Reg. 1201 (3/1/03) 2.0Purpose 2.1The State Forests of Delaware are open to members of the public for their enjoyment. Most legal forms of non-motorized recreation are permitted. The following regulations were developed to ensure that these publicly owned lands are conserved, protected, and maintained for the benefit of all. 6 DE Reg. 517 (10/1/02) 6 DE Reg. 1201 (3/1/03) 10 DE Reg. 88 (7/1/06) 3.0Construction 3.1No regulation herein shall be interpreted or construed in such a manner as to prevent or delay authorized personnel of the Department or other state, county, or municipal agencies from completing official duties or emergency response. 3.2In special circumstances, events, or emergencies, the Secretary or Forestry Administrator may, when it is deemed to be in the public interest, waive a specific regulation or fee. 3.3Failure to enforce a specific regulation at a particular instance or instances shall not affect the validity of any other regulation or affect the validity of such regulation at any other time. 6 DE Reg. 517 (10/1/02) 6 DE Reg. 1201 (3/1/03) 10 DE Reg. 88 (7/1/06) 4.0Definitions 4.1“Department” is the Delaware Department of Agriculture 4.2“DFS” is the Delaware Forest Service 4.3“DNREC” is the Delaware Department of Natural Resources and Environmental Control 4.4“Secretary” is the Secretary of the Delaware Department of Agriculture 4.5“State Business Hours” are 8:00 a.m. to 4:30 p.m. on Monday through Friday, except for state holidays. 6 DE Reg. 517 (10/1/02) 6 DE Reg. 1201 (3/1/03) 10 DE Reg. 88 (7/1/06) 5.0General Rules and Regulations 5.1In order to promote the safety and welfare of State Forest visitors and protect and manage property in the State Forests, the Secretary and Forestry Administrator shall have the authority to develop reasonable policies for State Forests that are not in conflict with 3 Del.C. Ch. 10 and these regulations. These policies must be approved by the Secretary and posted in a conspicuous location in the State Forest prior to their becoming effective. Copies of all policies shall also be maintained in the State Forest office. 5.2Violation of any State Forest policy shall be grounds for eviction from the State Forest and the denial, revocation, or suspension of any permit issued or privilege granted by the Department. 5.3 The Department shall have the authority to enforce safety rules and/or policies developed in accordance with 5.1 of these Regulations for the protection of visitors and property. 5.4State Forests are open to most forms of lawful non-motorized recreational uses that do not violate any of the rules and regulations contained herein. 5.5Unless otherwise indicated, State Forest access roads are closed to vehicular travel, unless otherwise indicated, to improve the quality of recreation and to reduce littering. It shall be unlawful for any person to drive or operate a motorized vehicle upon any lands of the DFS except on established roads or as otherwise authorized by the Forest Administrator. Where vehicular traffic is permitted, the speed limit is ten (10) twenty (20) miles per hour unless otherwise posted. Vehicular traffic on tax ditch rights of way is prohibited except for maintenance by authorized personnel and for law enforcement purposes. Non-pedestrian traffic (horseback riding and mountain biking) is restricted to access roads and trails unless otherwise noted. None registered vehicles and all-terrain vehicles are prohibited in all areas except those used by DFS employees or law enforcement in the application of their lawful duties. It shall be unlawful for any person to drive or operate any motorized vehicle upon any lands administered by the DFS, unless said vehicle is licensed for use upon public highways and roadways or the driver or operator of said vehicle has been issued a permit from the DFS. These roads and trails are open to pedestrian and non-vehicular travel only. Non-pedestrian traffic (horseback riding and mountain biking) is restricted to access roads and trails, unless otherwise noted. In addition, vehicle use of tax ditch right-of-ways is unlawful. Furthermore, no off-highway vehicles or all-terrain vehicles, either registered or non-registered, are permitted except those off-highway vehicles owned, operated, and/or authorized by the Delaware Forest Service (DFS). Violators will be prosecuted for trespassing. 5.6All Boundaries of State Forests boundaries are well are clearly marked with metal signs and/oryellow paint on boundary line trees, brushed-out paths, or with a combination of all three features. State Forest visitors must not trespass upon adjoining private lands. Visitors crossing onto private property are subject to trepass laws governed by Delaware Code. 5.7No living trees, shrubs, or other vegetation may be cut, felled, uprooted, removed, or otherwise injured or destroyed, unless written permission has first been obtained from the forest officer in charge. 5.8No living animals shall be harassed, injured, destroyed, or collected and removed from State Forest lands unless written permission has first been obtained from the forest officer in charge. The only exception is lawful hunting as specified in the Division of Fish and Wildlife adopted regulations outlined in the annual Hunting and Trapping Guide. 5.89Fires are prohibited for any purpose on State Forest lands other than in designated areas unless written permission is obtained in advance from the forest officer in charge. Written permission must be obtained in advance for fires on State Forest lands outside of designated areas. Any such authorized fire must, at all times, be under the direct supervision and care of a competent adult, and must be thoroughly extinguished before the fire site is abandoned. All fires must be under the direct supervision of a competent adult. It shall be unlawful to leave any fires that have not been thoroughly extinguished. 5.910The dumping or depositing of rubbish, trash, paint, household items, or other debris, or any other materials and activities that could result in the depositing of such materials, such as paintball and geo-caching, are also prohibited. The placing placement of advertisement signs within State Forests is prohibited. 5.11The placement of advertisement signs on State Forest property is prohibited. 5.1012Persons using public picnic sites are required to deposit all trash and other refuse in the proper containers, if provided. Where containers are not provided, users must properly dispose of all refuse off State Forest lands.It shall be unlawful to litter on State Forest lands. 5.1113Writing upon, mutilating, carving, and otherwise defacing trees, buildings, structures, signs, and official notices is prohibited. 5.1214With the exception of animals permitted under lawful hunting regulations, all animals must be under the continuous control of the owner(s) unless otherwise authorized in writing by the Forestry Administrator. All dogs must be leashed, unless covered by the exception above. State Forest visitors are responsible for the conduct and any damages, either personal or property, caused by their animals. 5.1315Dog training is permitted on State Forest lands; however, the dog owner(s) must notify DFS personnel in the local State Forest office prior to the training. It shall be unlawful to train dogs on DFS property unless prior permission is authorized by the State Forest office. 5.1416Entry to State Forest lands is prohibited from sunset to sunrise, except for lawful hunting, permitted camping, permitted Redden Lodge use, or as otherwise permitted in writing by the DFS. 5.1517Fishing on State Forest lands is limited to catch and release only. A state fishing license is required to fish on State Forest lands. 5.1618Visitors must shall park in designated areas only and within those designated areas, they must not block gates to State Forest access roads. It shall be unlawful for any person to park any vehicle on lands administered by the DFS in such a manner as to obstruct the use of State Forest access roads, gates, or trails. Any vehicle parked in such a manner shall be subject to removal and the owner of said vehicle shall pay for all costs involved in such removal. 5.1719Alcoholic beverages are prohibited on State Forest lands except within the Redden Lodge, if and only if, authorized in writing by the DFS. 6 DE Reg. 517 (10/1/02) 6 DE Reg. 1201 (3/1/03) 10 DE Reg. 88 (7/1/06) 6.0Redden State Forest Lodge 6.1Maximum Lodge capacity is 45 persons (overnight use). It shall be unlawful to make use of the Lodge facility in any manner other than outlined in the Redden state Forest Lodge Lease Agreement. 6.2The organization or individual renting the Lodge must be at least 21 years of age and provide a minimum of one adult supervisor per ten youths. Youth are defined as persons under18 years of age and adults as having reached the age of 21. 6.3The use or possession of illegal drugs is strictly prohibited. Alcoholic beverages are prohibited (unless approved in writing by the DFS). Smoking and the use of other tobacco products are prohibited inside the Lodge. Users must deposit tobacco products in the outside receptacles provided. 6.4Unauthorized heating or cooling equipment is prohibited in the Lodge. The fire alarm system is designed for the protection of all those who use the Lodge and the structure itself. Any misuse or intentional activation of this and other alarms is strictly prohibited and legal action(s) will be taken pursuant to Delaware Code. 6.5The use or possession of firearms or other weapons (except as permitted for legal hunting outside the safety zone, or as approved in writing by the DFS), is strictly prohibited. 6.6No outside fires may be started at any time in the vicinity of the Lodge, except in the permanent grills installed on site and the fire pit area, or as approved in writing by the DFS. 6.7Service dogs are permitted; no other pets shall be permitted within or near the Lodge. 6.8An adequate supply of firewood will be provided and placed on the back porch. Please do not retrieve additional wood from the shed/storage area. No charcoal, wax logs, or other materials shall be used in the fireplaces. 6.9No sleeping facilities are provided at the Lodge. There are cooking facilities and tables and chairs for eating. There are no pots, pans, dishes, or serving articles. Do not move any furniture or fixtures. Folding tables and chairs are not permitted outside the Lodge. 6.10The telephone at the Lodge is provided for emergencies, local calls, and credit card or collect long distance calls and are only for use by adults, except in emergencies. You must dial 9 before placing any call. The number for the Lodge phone is (302) 856-5939, and incoming calls can be received. Please remember this telephone is only to be used when necessary and are not for social calls. It is the responsibility of the applicant to honor these restrictions and inform all lodge users of the telephone restrictions. If the telephone restrictions are not honored, the DFS reserves the right to remove the telephone at any time. 6.11Any alteration of the Lodge is strictly prohibited, such as but not limited to moving the furniture, using nails, screws, tape, etc., or discharging fire extinguishers except in the case of fire. 6.12Lodge Rental Fees, Reservations, Deposits, and Cancellations 6.12.1Reservations shall be made on a first-come, first-served basis. To secure a reservation, a completed application and the full Lodge user fee must be received at least 120 days prior to the desired reservation date. 6.12.2A security-damage deposit in the amount of $100.00 must be received at the time of check-in. If the security-damage deposit is not paid prior to check-in, the person/group/organization will not be permitted use of the lodge. The security-damage deposit will be returned within 5 days after check-out, if the lodge is found in good condition. If the lodge is not found in good condition, an itemized list of charges will be provided to the person/group/organization 6.12.3Cancellation policy: Reservations must be canceled at least fifteen (15) working days prior to the arrival date. If this cancellation policy is not followed, the reservation deposit will be forfeited. The security-damage deposit will be refunded for all cancellations. 6.12.4Types of Use 6.12.4.1Daily: 9:00 a.m. - 3:00 p.m. 6.12.4.2Evening: 4 p.m. - 10 p.m. 6.12.4.3Weekend: Friday 4 p.m. - Sunday 10 p.m. 6.12.4.4Weekday Overnight: 4 p.m. - 8 a.m. 6.12.5Lodge Rental Fees: Lodge user fees shall be as follows: 6.12.5.1May 1 to September 30 6.12.5.1.1$90Daily, Evening Use, and Weekday Overnight 6.12.5.1.2$225Weekend Use 6.12.5.2October 1 to April 30(Increased fees due to heating expenses) 6.12.5.2.1$100Daily, Evening Use, and Weekday Overnight 6.12.5.2.2$250Weekend Use 6.12.5.3Checks should be made payable to: Department of Agriculture. 6.12.5.4Payments and application should be mailed to: Redden State Forest 18074 Redden Forest Drive Georgetown, DE 19947 (302)856-2893 Weekdays 8:00 a.m. - 4:30 p.m. 6 DE Reg. 517 (10/1/02) 6 DE Reg. 1201 (3/1/03) 10 DE Reg. 88 (7/1/06) 7.0Camping Rules and Regulations 7.1Camping is free-of-charge, year round, but restricted to map-designated campsites. A forest use permit is required for all camping on State Forest lands. Permits are available at State Forest offices during state business hours or from information boxes located at each State Forest office. Completed permits must be submitted during office hours to ensure campsite availability. 7.2Campsites are on a first-come, first-served basis and reservations are required. 7.3Campsites are of a primitive type, and are to be used ONLY for tent, van or pickup campers. Travel trailers and /or self-propelled motor homes are excluded due to access and parking limitations, unless otherwise noted. 7.4There are a limited number of campsites, each is large enough to accommodate large families. These are equipped with tables, fire pits, charcoal grills and a trash barrel. Campsites are limited to a maximum number of ten (10) people per site, with a maximum stay of three nights per week. Camper(s) must remove their trash upon vacating their campsite. 7.5Camping is at your own risk. State Forests are a public use area and there is no after-hours, nighttime or weekend security. Law enforcement is provided by the Delaware State Police and DNREC should the need arise. 7.6State forests are “multiple-use facilities”, which means other activities will continue while you camp. These activities include: hunting, picnicking, hiking, nature study, horseback riding, firewood cutting (by permit only), and timber harvesting. The DFS reserves the right to limit or deny permits during times of conflicting use. 7.7Firewood for camp use is available at the campsites. If more firewood is needed, it may be gathered locally from dead and downed trees. No sStanding trees or shrubs are to shall not be cut. Using firewood located at the office complex is prohibited. Campfires are to be in shall be contained within established fire rings only. 7.8Campsites are to be left clean and all fires are to be extinguished before departing from the area. 6 DE Reg. 517 (10/1/02) 6 DE Reg. 1201 (3/1/03) 10 DE Reg. 88 (7/1/06) 8.0Hunting Rules and Regulations 8.1State Forests are year-round multiple use areas. Hunters share the use of State Forest lands with other public users such as hikers, campers, horseback riders, firewood cutters, and loggers. 8.2No special permits are required to hunt on State Forest lands, except as specified in the DNREC, Division of Fish and Wildlife annual hunting manual Hunting and Trapping Guide. Properly licensed hunters may hunt during any open season except on areas otherwise designated, such as those marked with Wildlife Sanctuary, NO HUNTING, or Safety Zone signs. 8.3No permanent deer stands, platforms, ladders, or blinds may be constructed. No screw-in tree steps, spikes, screws, or nails are allowed. 8.4Deer drives by any person or persons are not permitted on any State Forest land at any time. 8.5Small game hunting is closed on State Forest lands during firearm deer seasons. 8.6The DFS reserves the right to close specific State Forest tracts to hunting during specific hunting seasons. It shall be unlawful for any person to hunt on lands administered by the DFS, except as permitted by the Forestry Administrator in writing and specified on current State Forest area maps distributed by the DFS. 8.7Trapping rights may be leased for State Forest lands. No other trapping is permitted on State Forest lands. 8.8Target shooting is prohibited. Firearms are allowed for legal hunting only and are otherwise prohibited on State Forest lands. 8.9Waterfowl hunting is not permitted on State Forest land or waters. 8.10Squirrel hunting is not allowed with a rifle or muzzleloading rifle. Squirrel hunting with a shotgun is permitted. 8.11The following hunting restrictions apply to those tracts of State Forest lands as specified in the DNREC, Division of Fish and Wildlife annual hunting manual Hunting and Trapping Guide. Maps delineating these areas are available at State Forest offices. 8.11.1All deer hunting is limited to numbered stands. 8.11.2For shotgun season stands will be chosen in a pre-season lottery. To apply for a stand during the shotgun season fill out the application in the Delaware Hunting and Trapping Guide. For leftover stands there will be a daily lottery held at the local State Forest office, 1-2 1 and 1/2 hours before legal hunting time. 8.11.3For Muzzleloader season there will be a daily lottery held at the local State Forest office, 1-2 1 and 1/2 hours before legal hunting time. 8.11.4All hunters on these tracts, during shotgun and muzzleloader season, must only hunt from their designated stand, as walk around hunting is not permitted. 8.11.5During Archery season bowhunters must be within 50 yards of their designated stand. 8.11.6Stands will be available during Archery season on a first-come, first-served basis. 8.11.7No more than one hunter may hunt from a stand at any one time.6 DE Reg. 1201 (3/1/03) 10 DE Reg. 88 (7/1/06) 9.0 Forest Use Permits 9.1Forest use permits on State Forests are issued on a first-come, first-served basis and are required for camping, firewood cutting, lodge rental (Redden State Forest), organized special events, and pavilion reservation. Facility users are required to submit a completed Forest Use Permit during state business hours. Facilities are to be reserved in advance. 9.2Items to be filled out by all applicants include: 9.2.1Date of application 9.2.2Date(s) of proposed use 9.2.3Applicants’ full name 9.2.4Applicants’ address, city, state, zip code 9.2.5Copy of valid driver’s license 9.2Firewood permits are required to harvest firewood on State Forest lands and are issued at the discretion of the State Forest staff. When available, these permits are issued on a first-come, first-served basis. There is a fee of $100 for firewood permits, which allows the holder to cut for three days within areas designated and posted by State Forest staff. No trees are to be felled; only downed wood may be cut. Wood is not for resale. 9.3Camping: 9.3.1Individual or group permit 9.3.2Number of persons camping 9.3.3The name of organization (if applicable) 9.3.4Vehicle make, model, color, and license number 9.3.5Permit effective date & termination date 9.3.6Applicants’ signature and date 9.4Group Users/Special Events: 9.4.1The name of the person in charge 9.4.2The name of organization 9.4.3Number in the group 9.4.4Permit effective date 9.4.5Permit termination date 9.4.6Facility used: 9.4.6.1Camping 9.4.6.2Picnic shelter 9.4.6.3Nature study area 9.4.6.4Other 9.4.6.5Applicants’ signature 9.5Firewood Permits: 9.5.1Firewood permits are required to harvest firewood on State Forest lands and are issued at the discretion of the DFS staff. When available, these permits are issued on a first-come, first-served basis. There is a fee of $100 for firewood permits, which allows the holder to cut firewood for three days within areas designated and posted by DFS staff. No trees are to be felled; only downed wood may be cut. Wood is not for resale.6 DE Reg. 1201 (3/1/03) 10 DE Reg. 88 (7/1/06) 10.0Department Enforcement Regulations 10.1The violation of, or the refusal to obey, any law, these regulations, State Forest policies or the terms or conditions of any permit issued or privilege granted by the Department shall be grounds for the suspension or revocation of any permit issued or privilege granted by the Department, the removal or eviction from State Forest lands and/or the denial of future entry to, or the denial of future permits or privileges within State Forests. Any and all applicable permit fees shall be forfeited to, and retained by, the Department. Any such suspension, revocation, removal, eviction or the denial of entry, permit or privilege shall not preclude the prosecution of any person for violation of any law or these regulations. 10.2Whoever violates any of the foregoing regulations shall be deemed to have committed an unclassified misdemeanor and shall be fined not less than $25 nor more than $250 and be required to pay all applicable court costs. For each subsequent violation, within three years of a previous conviction, the violator shall be fined not less than $50 nor more than $500 and be required to pay all applicable court costs. In addition to suchfines and court costs, a violator who is convicted of damaging, destroying, or removing property owned and maintained by the State Forest Service, shall be required to make restitution to the Department for the replacement or restoration of such property State Forest Service may request the court to order restitution in an amount determined by it for the destruction or removal of property to those convicted of violating these regulations. 10.3Justices of the Peace throughout the State shall have jurisdiction over alleged violations of these State Forest Regulations; however, any violator shall, upon arrest, be taken to the nearest available Justice of the Peace in the county where such violation is alleged to have occurred, or in lieu thereof, be provided with an assessment form for the voluntary payment of fines. 10.4Notwithstanding the immediate preceding subsection, a duly authorized peace officer making an arrest for a violation of these regulations may issue a summons requiring the violator to appear in person at a subsequent date at the Justice of the Peace Court nearest to the place of arrest and during the regularly scheduled hours of the Court. Delaware Forest Service Forest Use Permit Application Date(s) of use ____________________________Permit No._____ Application For: __ Firewood __Camping __ Other (explain) ____________________________________ Drivers license No. ________________________Expiration Date________________Issuing State_______ Location ___ Blackbird State Forest No. in group ___ Redden State Forest ___ Taber State Forest Name ______________________________________________________________________________FirstMILast Address _____________________________________________________________________________ Street/P.O. BoxCityStateZip Code Phone No. ( ) Phone No. ( ) HomeWork Vehicle Information ____________________________________________________________________________________ Year/Make/ModeColorTag No. Effective Date _________________Expiration Date ________________Fee $_______________ Comments In exercising the above-described use, I agree to abide by all of the regulations of the Delaware Forest Service (DFS), including but not limited to, those attached to this application, as well as the instructions of the undersigned DFS personnel. I fully understand that the State has neither commercially-procured insurance nor self-insurance to cover any injury, risk or loss which occurs in the State Forest and that the State is immune from any and all liability from any such injury, risk or loss. In consideration of the granting of the permit, I agree to waive any and all claims arising out of the above-described use which may accrue to myself and/or to anyone else in my custody and control, and I further agree to indemnify the State and save it harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damages to property arising out of any occurrence in the State Forest. APPROVED: SIGNATURE OF DFS PERSONNELDate SIGNATURE OF APPLICANTDate Note:Any violation of the State Forest rules and regulations will result not only cancellation of this permit, but may also result in possible arrest and fines. This permit is to be kept in applicant’s vehicle or on his/her person and must be produced at the request of any forest officer. This permit is subject to cancellation by the state forester at any time for just cause. Authority: 3 Del.C. Ch. 10. Sections 1008 and 1011. 6 DE Reg. 517 (10/1/02) 6 DE Reg. 1201 (3/1/03)10 DE Reg. 88 (7/1/06) DEPARTMENT OF HEALTH AND SOCIAL SERVICESDIVISION OF DEVELOPMENTAL DISABILITIESStatutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE Disabilities Services Eligibility Criteria 2100 Eligibility CriteriaIn compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Developmental Disabilities Services (DDDS) is proposing to amend the eligibility criteria related to DDDS services. Any person who wishes to make written suggestions, compilations of data, written testimony, written briefs or other written materials concerning the proposed new regulations must submit same to Joseph B. Keyes, Ph.D., Applicant Services Unit; Division of Developmental Disabilities Services, 1052 S. Governor's Avenue, Suite 101, Dover, Delaware 19904 or by fax to (302) 744-9711 by July 25, 2007. A Public Hearing on the proposed new regulation will be held July 30, 2007 at 6:30 P.M. at Delaware Technical College, Terry Campus, Dover, Delaware in Room 427 of the Corporate Training Center building. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments at the Public Hearing and written materials filed by other interested persons. Summary of Proposed Changes Statutory Authority •Title 29, 7910 •Title 16, 5521, 5522 Summary of Proposed Changes 1) The definition/diagnosis of mental retardation has been modified to correspond with the American Association on Intellectual and Developmental Disabilities Classification Manual definition of 2002. The proposed criteria, therefore, is consistent with the most current diagnostic nomenclature in the field of developmental disabilities. 2) Asperger's Disorder has been added to the eligibility criteria. Currently, DDDS includes Autism in the eligibility criteria. Recently, there has been a national effort at viewing autism as a spectrum of disorders of which both Autism and Asperger's are considered core disorders. From a programmatic and service delivery standpoint, Asperger's fits in the DDDS service system model. The addition of Asperger's Disorder to the Division's eligibility criteria is also consistent with what some other states are doing and with what the Department of Education did in adding Asperger's Disorder to its Autism special education classification. 3) Removal of "neurological conditions closely related to mental retardation" and removal of "brain injury (individual meets all criteria of 1992 AAMR definition including age manifestation)" from the current criteria. Individuals with these conditions must meet the diagnostic criteria of mental retardation and so it was redundant with that part of the criteria 4) Addition of two legal requirement statements: a) "citizen or a lawful alien of the United States"; b) "resident of the State of Delaware". This is consistent with Delaware Code regarding eligibility for state services and consistent with Department policy. 2100 Eligibility Criteria The Division of Developmental Disabilities Services provides services to those individuals who meets all of the following conditions: (A) (i) is attributable to mental retardation (1992 AAMR definition) and/or (ii)Autism (DSM IV)and/or (iii)Prader Willi (documented medical diagnosis) and/or (iv)brain injury (individual meets all criteria of the 1992 AAMR definition including age manifestation) and/or (v)is attributable to a neurological condition closely related to mental retardation because such condition results in an impairment of general intellectual functioning and adaptive behavior similar to persons with mental retardation and requires treatment and services similar to those required for persons with impairments of general intellectual functioning: (B)is manifested before age 22 (C)is expected to continue indefinitely; (D)results in substantial functional limitations in 2 or more of the following adaptive skill areas 1)communication; 2)self-care; 3)home living; 4)social skills; 5)community use; 6)self-direction; 7)health and safety; 8)functional academics; 9)leisure; 10)work; and (E)reflects the need for lifelong and individually planned services. Intellectual functioning, and adaptive behavio is determined by using tests approved by the Division. 4 DE Reg. 228 (7/1/00) 1.0The Division of Developmental Disabilities Services provides services with a developmental disability who meets all of the following criteria: 1.1citizen or a lawful alien of the United States 1.2a resident of the State of Delaware 1.3a disability/disorder attributed to one or more of the following: 1.3.1Mental Retardation; defined as a significant generalized limitation in intellectual functioning. Significant generalized limitation in intellectual functioning is defined as IQ scores approximately two standard deviations below the mean. (American Association on Intellectual and Developmental Disabilities; Classification Manual, 2002); and/or 1.3.2Autistic Disorder (299.00; American Psychiatric Association; Diagnostic & Statistical Manual - IV, 1994); and/or 1.3.3Asperger's Disorder (299.80; American Psychiatric Association; Diagnostic & Statistical Manual - IV, 1994); and/or 1.3.4Prader-Willi Syndrome (documented medical diagnosis; World Health Organization; International Classification of Diseases - 9) 1.4significant limitations in adaptive behavior functioning 1.4.1Significant limitations in adaptive behavior functioning is defined as performance that is at least two standard deviations below the mean of either: 1.4.1.1Score on a standardized measure of conceptual, social, or practical skills; or 1.4.1.2Overall score on a standardized measure of conceptual, social and practical skills 1.5the disability originates before age 22 2.0Intellectual functioning, adaptive behavior functioning, Autistic Disorder, and Asperger's Disorder shall be established and based on the use of standardized assessment instruments accepted by the Division. DIVISION OF MEDICAID AND MEDICAL ASSISTANCEStatutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE Long Term Medicaid Program 20330 Countable Resources ComputationIn compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend existing rules in the Division of Social Services Manual (DSSM) used to determine eligibility to comply with the transfer of assets provisions mandated by the Deficit Reduction Act (DRA) of 2005 (Public Law 109-171) related to promissory notes, loans and property agreements. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning and Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 (new fax number) by July 31, 2007. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. Summary of Proposal Statutory Authority Deficit Reduction Act of 2005 (Public Law 109-171), enacted on February 8, 2006 Background On February 8, 2006, the Deficit Reduction Act (DRA) of 2005 was signed into law. The DRA made changes to certain Medicaid eligibility provisions in Section 1917(c)(1)(I) of Social Security Act affecting Long Term Care services and supports. As a result of the DRA, DMMA proposed regulatory changes that appeared in the February 1, 2007 issue of the Delaware Register of Regulations related to promissory notes, loans and mortgages. The final order regulations were published as 10 DE Reg. 1596 in the April 1, 2007 issue of the Delaware Register. The State Council for Persons with Disabilities (SCPD) and two estate planning attorneys commented on the proposed version of these regulations in February, 2007. The SCPD has since commented on the final regulations encouraging reconsideration of the regulatory change that deleted Pars. "a" and "b"of Section 20330.3. The deleted subsection allowed a note holder to demonstrate that its true worth is less than its outstanding principal value. The Council objected to deletion of this subsection since a note could lose value based on a promissor's bankruptcy or destruction of mortgaged premises. One of the estate planning attorneys offered the same objection. After careful reflection and staff analysis, DMMA has reconsidered and revised section 20330.3. Summary of Proposal DSSM 20330.3, Promissory Notes, Loans and Property Agreements: This revision clarifies that the value DMMA places on an available resource may be rebutted. A new subsection, 20330.3.1, has been added to show the information the applicant must submit to successfully rebut the value. DMMA PROPOSED REGULATIONS #07-31 REVISIONS: 20330 Countable Resources Computation (Break in Continuity of Sections) 20330.3 Promissory Notes, Loans and Property Agreements A loan is an advance from a lender to a borrower that the borrower must repay, with or without interest. Loan proceeds are not income to the borrower because of the borrower's obligation to repay. Any portion of the borrowed funds that the borrower does not spend is a countable resource if retained into the month following the month of receipt. If the Medicaid applicant is the owner of a promissory note, loan, or property agreement (mortgage), assume the value of the agreement is its outstanding principal balance. If the outstanding principal balance plus other countable resources exceeds the resource limit, inform the individual that DMMA will use the outstanding principal balance in determining resources unless the individual submits within 30 days the following information successfully rebuts the value. See 20330.3.1. As per the Deficit Reduction Act of 2005 (DRA), effective 4/1/06, the promissory note, loan, or mortgage will be considered a transfer for less than fair market value unless- •The repayment term is actuarially sound; •Payments are made in equal amounts during the term of the loan with no deferral for of payments and no balloon payments; and •The promissory note, loan or mortgage prohibits the cancellation of the balance upon the death of the lender. In determining the amount of the asset transfer, the value of the note, loan or mortgage is the outstanding balance due at the date of the individual's application for Medicaid coverage of services listed in section 1917(c)(1)(C)of the Act. Payments received against the principal balance are not income. They are conversion of a resource. The portion of the payment which represents interest is unearned income. The SSA Life Expectancy Table can be found at www.ssa.gov/OACT/STATS/table4c6.html. 10 DE Reg. 1596 (04/01/07) 20330.3.1 Rebutting the Value The applicant may be given an opportunity to rebut the value placed on the promissory note, loan, mortgage. The rebuttal must include an estimate from a disinterested, knowledgeable source (such as a broker or appraiser) showing that the value is less than our determination or evidence of a legal bar to the sale of the agreement. DIVISION OF MEDICAID AND MEDICAL ASSISTANCEStatutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE Chronic Renal Disease Program 50300 Referral ProcessIn compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend a rule in the Division of Social Services Manual (DSSM) used to determine eligibility for the Chronic Renal Disease Program. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy and Program Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 (new fax number) by July 31, 2007. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. Summary of Proposed Change Statutory Authority Title 29, Chapter 79, Subchapter II, Sections 7932 - 7935, The Chronic Renal Diseases Program Background The Delaware Legislature established the Chronic Renal Disease Program (CRDP) effective 1970 by enacting Title 29, Chapter 79, Subchapter 11, Sections 7932-7935. The purpose of this program is to provide assistance to state residents diagnosed with End Stage Renal Disease (ESRD). The CRDP is not federally funded. CRDP is 100% State funded. Since there are limited funds available, the CRDP should only be utilized as a program of last resort. All third party resources (Medicare, Medicaid, Veteran's Benefits, and Private Insurance) must be considered before CRDP funds are utilized. The mission of the CRDP is to "improve the quality of life for Delawareans with ESRD by promoting health and well-being, fostering self-sufficiency, and protecting a vulnerable population." Summary of Proposed Change DSSM 50300, Referral Process: The purpose of the proposed is to facilitate and ease the referral process for the Chronic Renal Disease Program. Referrals may come from many different sources; and, a completed application may also be received as the initial referral. 50300 Referral ProcessDMMA PROPOSED REGULATIONS #07-32 REVISIONS: 50300Referral Process The CRDP can receive referrals A referral for the Chronic Renal Disease Program (CRDP) may be received from many sources. Client, family member, caretaker, physicians and/or other professionals may initiate the referral process by calling contacting the CRDP office and requesting that an application be mailed or faxed. Dieticians and dialysis social workers may begin the referral process by calling or by mailing/faxing a completed referral form to the CRDP office. Completed applications may be returned to the office by mail or fax. Once the referral applicationhas been received, the client or referral source will be contacted to set up an appointment to complete the CRDP assessment eligibility determination. DIVISION OF SOCIAL SERVICESStatutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE Civil Rights Program 9004 Non-Discrimination PolicyIn compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend policies in the Division of Social Services Manual (DSSM). The proposed changes described below amend the Civil Rights Program policies related to the prohibition of retaliatory acts. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program and Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 (new fax number) by July 31, 2007. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. Summary of Proposed Changes Statutory Authority 7 CFR Part 15, Subpart A, Nondiscrimination in Federally-Assisted Programs of the Department of Agriculture - Effectuation of Title VI of the Civil Rights Act of 1964 Summary of Proposed Changes DSSM 1006.6, 1006.7, 1007, 1007.1, 1007.3 and 9004: The United States Department of Agriculture (USDA) revised the nondiscrimination statement due to changes in the Department's civil rights regulations. The nondiscrimination statement now includes retaliation as a reason an individual cannot be discriminated against. The affected areas of policy in the DSSM are revised to affirm that discrimination is prohibited in all aspects of the delivery of program benefits and to add the word "retaliation" to the list of prohibited actions. DSS PROPOSED REGULATIONS #07-33 REVISIONS: 9004 Non-Discrimination Policy [272.6(a)] Do not discriminate against any applicant or participant in any aspect of program administration, including, but not limited to, the certification of households, the issuance of food stamp benefits, the conduct of fair hearings, or the conduct of any other program service for reasons of age, race, color, sex, disability, religious creed, national origin, or political beliefs race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation. Discrimination in any aspect of program administration is prohibited by these regulations: the Food Stamp Act, the Age Discrimination Act of 1975 (Public Law 94 135), the Rehabilitation Act of 1973 (Public Law 93 112, sec. 504), and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d). Enforcement action may be brought under any applicable Federal Law. Title VI complaints shall be processed in accord with 7 CFR, Part 15. (Break in Continuity of Sections) 1006.6 Civil Rights Program and Public Relations The general public, including citizens interested in public welfare and civil rights, will be informed as widely as possible of the Civil Rights Program of the Division. Informational releases will be given to the daily newspapers in Wilmington, and to the weekly or daily newspapers in the rest of the State. Similar information will be given to all radio stations in Delaware and, if acceptable, to the television station in Wilmington. Organizations interested in learning more about the Civil Rights Program of the Division will be furnished speakers from the administrative staff of the Department on request to the Director. Posters will be displayed in all offices of the Division notifying all persons that assistance and services are provided by the Division to all eligible persons without regard to race, color, disability, national origin, age, sex, political belief and religion race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation. 1006.7 Staff Development and the Civil Rights Program The Division of Social Services Staff Development and Training Program will emphasize the role of the Civil Rights Program in all services provided to clients especially as it relates to the rights and privileges of each individual. Both in its presentation of the legal and technical aspects of agency policy and procedures and in its analysis of case work attitudes and techniques, the Staff Development and Training Program will be administered at all times in such a way that emphasis is placed on the basic fact that all applicants and recipients, and all persons receiving any care or services from or through the Division, shall not be subject to discrimination of any kind on the grounds of race, color, disability, national origin, age, sex, political beliefs, or religion race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation. 1007 Complaint Procedures Any person applying for or receiving any DSS services who believes he/she has been the victim of discrimination on account of race, color, disability, national origin, age, sex, political beliefs, or religion race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation may file a complaint directly or with the assistance of an individual, group, or agency representing the complainant, in accordance with the procedure outlined below. 1007.1 Right to File Complaint The right to file a complaint alleging discrimination on account of race, color, disability, national origin, age, sex, political beliefs, or religion race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation applies to the following: a)All applicants for and recipients of cash assistance. b)All applicants for and recipients of food stamps. c)All applicants or recipients who are participating in demonstration projects. d)All persons applying for or receiving any service furnished by or through the Division. e)Any individual, group, organization, or agency acting on their own account or on behalf of any person receiving any service of the Division. (Break in Continuity of Sections) 1007.3 Methods of Handling Complaints The Director will study and evaluate all complaints alleging discrimination on account of race, color, disability, national origin, age, sex, political beliefs or religion race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation. He The Director will route them to the State Hearing officer who will then assign them to appropriate administrative or supervisory staff for complete investigation. A written report will be prepared and forwarded to the Director. The Director will study the report and determine whether or not any discriminatory practice has, in fact been carried on. If the Director finds that this has been the case, he will take such action as seems necessary action will be taken to correct the discriminatory practice and to assure that there will be no repetition of such discrimination. The Director will address a letter to the complainant covering the investigation and findings on the complaint. HeThe Director will be advised that if he is not satisfied, he may ask to have the complaint may be presented to the Secretary of the Department of Health and Human Services. DIVISION OF SOCIAL SERVICESStatutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE Food Stamp Program 9013 Household Concept In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend Food Stamp Program policies in the Division of Social Services Manual (DSSM) regarding the definition of household. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 (new fax number) by July 31, 2007. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. Summary of Proposed Change Statutory Authority 7 CFR 273.1(a)(2), Household Concept - Elderly and Disabled Persons Background On June 12, 2006, the United States Department of Agriculture (USDA) issued policy guidance clarifying that a disabled person may be considered a food stamp household separate from a person who resides with him or her and purchases and prepares food separately on the disabled person's behalf. The issue arose in litigation in Alabama. Summary of Proposed Change DSSM 9013.1, Household Definition: This policy clarification informs staff that severely disabled individuals who live with others but have someone prepare and purchase their meals separate and apart from others in the home can be a separate household. DSS PROPOSED REGULATIONS #07-34 REVISIONS: 9013.1 Household Definition A)General Definition a household is composed of one of the following individuals or groups of individuals, provided they are not residents of an institution (except as otherwise specified in DSSM 9015), or are not boarders (as specified in DSSM 9013.3). 1.An individual living alone 2.An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from the others; This includes severely disabled individuals who have someone purchase and prepare their meals for them (regardless of whether or not they are paid for the service). The disabled individuals are considered separate food stamp households, even if they live in the same home as the individual purchasing and preparing the meals for them. This household does not have to meet the 165 percent rule. 3.A group of individuals who live together and customarily purchase food and prepare meals together for home consumption; 9 DE Reg. 1077 (01/01/06) 10 DE Reg. 1003 (12/01/06) DEPARTMENT OF INSURANCEStatutory Authority: 18 Delaware Code, Section 311 (18 Del.C. §311) 18 DE Admin. Code 1216 PUBLIC NOTICE 1216 Military Sales PracticesINSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of intent to adopt proposed Department of Insurance Regulation 1216 relating to the sale of life and annuity insurance products to military personnel. The docket number for this proposed amendment is 393. This proposed Regulation replaces the previous proposed Regulation. The purpose of the proposed regulation is to set forth standards to protect service members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive or unfair. The text of the proposed amendment is reproduced in the May 2007 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner’s website at: http://www.state.de.us/inscom/departments/documents/ProposedRegs/ProposedRegs.shtml. The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, compilations of data or other materials concerning the proposed amendments. Any written submission in response to this notice and relevant to the proposed changes must be received by the Department of Insurance no later than 4:30 p.m., Monday August 6, 2007, and should be addressed to Mitchell G. Crane, Esquire, Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.2021 or email to mitch.crane@state.de.us. 1216 Military Sales Practices 1.0Purpose 1.1.The purpose of this regulation is to set forth standards to protect active duty service members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive or unfair. 1.2Nothing herein shall be construed to create or imply a private cause of action for a violation of this regulation. 2.0Scope 2.1 This regulation shall apply only to the solicitation or sale of any life insurance or annuity product by an insurer or insurance producer to an active duty service member of the United States Armed Forces.3.0Authority 3.1This regulation is issued under the authority of 18 Del.C. §§311, 2307, 2312 and 29 Del.C. Chapter 101. 4.0Exemptions 4.1This regulation shall not apply to solicitations or sales involving: 4.1.1Credit insurance; 4.1.2Group life insurance or group annuities where there is no in-person, face-to-face solicitation of individuals by an insurance producer or where the contract or certificate does not include a side fund; 4.1.3An application to the existing insurer that issued the existing policy or contract when a contractual change or a conversion privilege is being exercised; or, when the existing policy or contract is being replaced by the same insurer pursuant to a program filed with and approved by the commissioner; or, when a term conversion privilege is exercised among corporate affiliates; 4.1.4Individual stand-alone health policies, including disability income policies; 4.1.5Contracts offered by Servicemembers’ Group Life Insurance (SGLI) or Veterans’ Group Life Insurance (VGLI), as authorized by 38 U.S.C. Section 1965 et seq.; 4.1.6Life insurance contracts offered through or by a non-profit military association, qualifying under Section 501 (c) (23) of the Internal Revenue Code (IRC), and which are not underwritten by an insurer; or 4.1.7Contracts used to fund: 4.1.7.1An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA); 4.1.7.2A plan described by Sections 401(a), 401(k), 403(b), 408(k) or 408(p) of the IRC, as amended, if established or maintained by an employer; 4.1.7.3A government or church plan defined in Section 414 of the IRC, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under Section 457 of the IRC; 4.1.7.4A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor; 4.1.7.5Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or 4.1.7.6 Prearranged funeral contracts. 4.2Nothing herein shall be construed to abrogate the ability of nonprofit organizations (and/or other organizations) to educate members of the United States Armed Forces in accordance with Department of Defense DoD Instruction 1344.07 – PERSONAL COMMERCIAL SOLICITATION ON DOD INSTALLATIONS or successor directive. For purposes of this regulation, general advertisements, direct mail and internet marketing shall not constitute “solicitation.” Telephone marketing shall not constitute "solicitation" provided the caller explicitly and conspicuously discloses that the product concerned is life insurance and makes no statements that avoid a clear and unequivocal statement that life insurance is the subject matter of the solicitation. Provided however, nothing in this subsection shall be construed to exempt an insurer or insurance producer from this regulation in any in-person, face-to-face meeting established as a result of the “solicitation” exemptions identified in this subsection. 5.0Definitions 5.1“Active Duty” means full-time duty in the active military service of the United States and includes members of the reserve component (National Guard and Reserve) while serving under published orders for active duty or full-time training. The term does not include members of the reserve component who are performing active duty or active duty for training under military calls or orders specifying periods of less than 31 calendar days. 5.2“Department of Defense (DoD) Personnel” means all active duty service members and all civilian employees, including nonappropriated fund employees and special government employees, of the Department of Defense. 5.3“Door to Door” means a solicitation or sales method whereby an insurance producer proceeds randomly or selectively from household to household without prior specific appointment. 5.4“General Advertisement” means an advertisement having as its sole purpose the promotion of the reader's or viewer's interest in the concept of insurance, or the promotion of the insurer or the insurance producer. 5.5“Insurer” means an insurance company required to be licensed under the laws of this state to provide life insurance products, including annuities. 5.6“Insurance producer” means a person required to be licensed under the laws of this state to sell, solicit or negotiate life insurance, including annuities. 5.7“Known” or “Knowingly” means, depending on its use herein, the insurance producer or insurer had actual awareness, or in the exercise of ordinary care should have known, at the time of the act or practice complained of, that the person solicited: 5.7.1Is a service member; or 5.7.2Is a service member with a pay grade of E-4 or below. 5.8“Life Insurance” means insurance coverage on human lives including benefits of endowment and annuities, and may include benefits in the event of death or dismemberment by accident and benefits for disability income and unless otherwise specifically excluded, includes individually issued annuities. 5.9“Military Installation” means any federally owned, leased, or operated base, reservation, post, camp, building, or other facility to which service members are assigned for duty, including barracks, transient housing, and family quarters. 5.10“MyPay” is a Defense Finance and Accounting Service (DFAS) web-based system that enables service members to process certain discretionary pay transactions or provide updates to personal information data elements without using paper forms. 5.11“Service Member” means any active duty officer (commissioned and warrant) or enlisted member of the United States Armed Forces. 5.12“Side Fund” means a fund or reserve that is part of or otherwise attached to a life insurance policy (excluding individually issued annuities) by rider, endorsement or other mechanism which accumulates premium or deposits with interest or by other means. The term does not include: 5.12.1Accumulated value or cash value or secondary guarantees provided by a universal life policy; 5.12.2Cash values provided by a whole life policy which are subject to standard nonforfeiture law for life insurance; or 5.12.3A premium deposit fund which: 5.12.3.1Contains only premiums paid in advance which accumulate at interest; 5.12.3.2Imposes no penalty for withdrawal; 5.12.3.3Does not permit funding beyond future required premiums; 5.12.3.4Is not marketed or intended as an investment; and 5.12.3.5Does not carry a commission, either paid or calculated. 5.13“Specific Appointment” means a prearranged appointment agreed upon by both parties and definite as to place and time. 5.14“United States Armed Forces” means all components of the Army, Navy, Air Force, Marine Corps, and Coast Guard. 6.0Practices Declared False, Misleading, Deceptive or Unfair on a Military Installation 6.1The following acts or practices when committed on a military installation by an insurer or insurance producer with respect to the in-person, face-to-face solicitation of life insurance are declared to be false, misleading, deceptive or unfair: 6.1.1Knowingly soliciting the purchase of any life insurance product “door to door” or without first establishing a specific appointment for each meeting with the prospective purchaser. 6.1.2Soliciting service members in a group or “mass” audience or in a “captive” audience where attendance is not voluntary. 6.1.3Knowingly making appointments with or soliciting service members during their normally scheduled duty hours. 6.1.4Making appointments with or soliciting service members in barracks, day rooms, unit areas, or transient personnel housing or other areas where the installation commander has prohibited solicitation. 6.1.5Soliciting the sale of life insurance without first obtaining permission from the installation commander or the commander’s designee. 6.1.6Posting unauthorized bulletins, notices or advertisements. 6.1.7Failing to present DD Form 2885, Personal Commercial Solicitation Evaluation, to service members solicited or encouraging service members solicited not to complete or submit a DD Form 2885. 6.1.8Knowingly accepting an application for life insurance or issuing a policy of life insurance on the life of an enlisted member of the United States Armed Forces without first obtaining for the insurer’s files a completed copy of any required form which confirms that the applicant has received counseling or fulfilled any other similar requirement for the sale of life insurance established by regulations, directives or rules of the DoD or any branch of the Armed Forces. 6.2The following acts or practices when committed on a military installation by an insurer or insurance producer constitute corrupt practices, improper influences or inducements and are declared to be false, misleading, deceptive or unfair: 6.2.1Using DoD personnel, directly or indirectly, as a representative or agent in any official or business capacity with or without compensation with respect to the solicitation or sale of life insurance to service members. 6.2.2Using an insurance producer to participate in any United States Armed Forces sponsored education or orientation program. 7.0Practices Declared False, Misleading, Deceptive or Unfair Regardless of Location 7.1.The following acts or practices by an insurer or insurance producer constitute corrupt practices, improper influences or inducements and are declared to be false, misleading, deceptive or unfair: 7.1.1Submitting, processing or assisting in the submission or processing of any allotment form or similar device used by the United States Armed Forces to direct a service member’s pay to a third party for the purchase of life insurance. The foregoing includes, but is not limited to, using or assisting in using a service member's “MyPay” account or other similar internet or electronic medium for such purposes. This subsection does not prohibit assisting a service member by providing insurer or premium information necessary to complete any allotment form. 7.1.2Knowingly receiving funds from a service member for the payment of premium from a depository institution with which the service member has no formal banking relationship. For purposes of this section, a formal banking relationship is established when the depository institution: 7.1.2.1Provides the service member a deposit agreement and periodic statements and makes the disclosures required by the Truth in Savings Act, 12 U.S.C. § 4301 et seq. and the regulations promulgated thereunder; and 7.1.2.2Permits the service member to make deposits and withdrawals unrelated to the payment or processing of insurance premiums. 7.1.3Employing any device or method or entering into any agreement whereby funds received from a service member by allotment for the payment of insurance premiums are identified on the service member’s Leave and Earnings Statement or equivalent or successor form as “Savings” or “Checking” and where the service member has no formal banking relationship as defined in subsection 7 (A)(2). 7.1.4Entering into any agreement with a depository institution for the purpose of receiving funds from a service member whereby the depository institution, with or without compensation, agrees to accept direct deposits from a service member with whom it has no formal banking relationship. 7.1.5Using DoD personnel, directly or indirectly, as a representative or agent in any official or nofficial capacity with or without compensation with respect to the solicitation or sale of life insurance to service members who are junior in rank or grade, or to the family members of such personnel. 7.1.6Offering or giving anything of value, directly or indirectly, to DoD personnel to procure their assistance in encouraging, assisting or facilitating the solicitation or sale of life insurance to another service member. 7.1.7Knowingly offering or giving anything of value to a service member with a pay grade of E-4 or below for his or her attendance to any event where an application for life insurance is solicited. 7.1.8Advising a service member with a pay grade of E-4 or below to change his or her income tax withholding or State of legal residence for the sole purpose of increasing disposable income to purchase life insurance. 7.2The following acts or practices by an insurer or insurance producer lead to confusion regarding source, sponsorship, approval or affiliation and are declared to be false, misleading, deceptive or unfair: 7.2.1Making any representation, or using any device, title, descriptive name or identifier that has the tendency or capacity to confuse or mislead a service member into believing that the insurer, insurance producer or product offered is affiliated, connected or associated with, endorsed, sponsored, sanctioned or recommended by the U.S. Government, the United States Armed Forces, or any state or federal agency or government entity. Examples of prohibited insurance producer titles include, but are not limited to, "Battalion Insurance Counselor," "Unit Insurance Advisor," "Servicemen's Group Life Insurance Conversion Consultant" or “Veteran’s Benefits Counselor.” 7.2.1.1Nothing herein shall be construed to prohibit a person from using a professional designation awarded after the successful completion of a course of instruction in the business of insurance by an accredited institution of higher learning. Such designations include, but are not limited to, Chartered Life Underwriter (CLU), Chartered Financial Consultant (ChFC), Certified Financial Planner (CFP), Master of Science In Financial Services (MSFS), or Masters of Science Financial Planning (MS). 7.2.2Soliciting the purchase of any life insurance product through the use of or in conjunction with any third party organization that promotes the welfare of or assists members of the United States Armed Forces in a manner that has the tendency or capacity to confuse or mislead a service member into believing that either the insurer, insurance producer or insurance product is affiliated, connected or associated with, endorsed, sponsored, sanctioned or recommended by the U.S. Government, or the United States Armed Forces. 7.3The following acts or practices by an insurer or insurance producer lead to confusion regarding premiums, costs or investment returns and are declared to be false, misleading, deceptive or unfair: 7.3.1Using or describing the credited interest rate on a life insurance policy in a manner that implies that the credited interest rate is a net return on premium paid. 7.3.2Excluding individually issued annuities, misrepresenting the mortality costs of a life insurance product, including stating or implying that the product "costs nothing" or is "free." 7.4The following acts or practices by an insurer or insurance producer regarding SGLI or VGLI are declared to be false, misleading, deceptive or unfair: 7.4.1Making any representation regarding the availability, suitability, amount, cost, exclusions or limitations to coverage provided to a service member or dependents by SGLI or VGLI, which is false, misleading or deceptive. 7.4.2Making any representation regarding conversion requirements, including the costs of coverage, or exclusions or limitations to coverage of SGLI or VGLI to private insurers which is false, misleading or deceptive. 7.4.3Suggesting, recommending or encouraging a service member to cancel or terminate his or her SGLI policy or issuing a life insurance policy which replaces an existing SGLI policy unless the replacement shall take effect upon or after the service member’s separation from the United States Armed Forces. 7.5The following acts or practices by an insurer and or insurance producer regarding disclosure are declared to be false, misleading, deceptive or unfair: 7.5.1Deploying, using or contracting for any lead generating materials designed exclusively for use with service members that do not clearly and conspicuously disclose that the recipient will be contacted by an insurance producer, if that is the case, for the purpose of soliciting the purchase of life insurance. 7.5.2Failing to disclose that a solicitation for the sale of life insurance will be made when establishing a specific appointment for an in-person, face-to-face meeting with a prospective purchaser. 7.5.3Excluding individually issued annuities, failing to clearly and conspicuously disclose the fact that the product being sold is life insurance. 7.5.4Failing to make, at the time of sale or offer to an individual known to be a service member, the written disclosures required by Section 10 of the “Military Personnel Financial Services Protection Act,” Pub. L. No. 109-290, p.16. 7.5.5Excluding individually issued annuities, when the sale is conducted in-person face-to-face with an individual known to be a service member, failing to provide the applicant at the time the application is taken: 7.5.5.1An explanation of any free look period with instructions on how to cancel if a policy is issued; and 7.5.5.2Either a copy of the application or a written disclosure. The copy of the application or the written disclosure shall clearly and concisely set out the type of life insurance, the death benefit applied for and its expected first year cost. A basic illustration that meets the requirements of [insert reference to state’s illustration or disclosure regulation] shall be deemed sufficient to meet this requirement for a written disclosure. 7.6The following acts or practices by an insurer or insurance producer with respect to the sale of certain life insurance products are declared to be false, misleading, deceptive or unfair: 7.6.1Excluding individually issued annuities, recommending the purchase of any life insurance product which includes a side fund to a service member in pay grades E-4 and below unless the insurer has reasonable grounds for believing that the life insurance death benefit, standing alone, is suitable. 7.6.2Offering for sale or selling a life insurance product which includes a side fund to a service member in pay grades E-4 and below who is currently enrolled in SGLI, is presumed unsuitable unless, after the completion of a needs assessment, the insurer demonstrates that the applicant’s SGLI death benefit, together with any other military survivor benefits, savings and investments, survivor income, and other life insurance are insufficient to meet the applicant’s insurable needs for life insurance. 7.6.2.1“Insurable needs” are the risks associated with premature death taking into consideration the financial obligations and immediate and future cash needs of the applicant’s estate and/or survivors or dependents. 7.6.2.2“Other military survivor benefits” include, but are not limited to: the Death Gratuity, Funeral Reimbursement, Transition Assistance, Survivor and Dependents’ Educational Assistance, Dependency and Indemnity Compensation, TRICARE Healthcare benefits, Survivor Housing Benefits and Allowances, Federal Income Tax Forgiveness, and Social Security Survivor Benefits. 7.6.3Excluding individually issued annuities, offering for sale or selling any life insurance contract which includes a side fund: 7.6.3.1Unless interest credited accrues from the date of deposit to the date of withdrawal and permits withdrawals without limit or penalty; 7.6.3.2Unless the applicant has been provided with a schedule of effective rates of return based upon cash flows of the combined product. For this disclosure, the effective rate of return will consider all premiums and cash contributions made by the policyholder and all cash accumulations and cash surrender values available to the policyholder in addition to life insurance coverage. This schedule will be provided for at least each policy year from one (1) to ten (10) and for every fifth policy year thereafter ending at age 100, policy maturity or final expiration; and 7.6.3.3Which by default diverts or transfers funds accumulated in the side fund to pay, reduce or offset any premiums due. 7.6.4Excluding individually issued annuities, offering for sale or selling any life insurance contract which after considering all policy benefits, including but not limited to endowment, return of premium or persistency, does not comply with standard nonforfeiture law for life insurance. 7.6.5Selling any life insurance product to an individual known to be a service member that excludes coverage if the insured’s death is related to war, declared or undeclared, or any act related to military service except for an accidental death coverage, e.g., double indemnity, which may be excluded. 8.0Severability If any provision of these sections or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of these sections which can be given effect without the invalid provisions or application. To this end all provisions of these sections are declared to be severable. 9.0Effective Date This regulation shall become effective September 11, 2007. DEPARTMENT OF INSURANCEStatutory Authority: 18 Delaware Code, Section 311 (18 Del.C. §311) 18 DE Admin. Code 1217 PUBLIC NOTICE 1217 Unfair Discrimination in Life Insurance, Annuities and Health Insurance on the Basis of Physical or Mental ImpairmentINSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of intent to adopt proposed Department of Insurance Regulation 1217 relating to the Unfair Discrimination in Life Insurance, Annuities and Health Insurance on the Basis of Physical or Mental Impairment. The docket number for this proposed amendment is 396. The purpose of the proposed regulation is to identify specific acts or practices in life and health insurance which are prohibited by 18 Del.C. §2304(13). The text of the proposed amendment is reproduced in the May 2007 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner's website at: http://www.state.de.us/inscom/departments/documents/ProposedRegs/ProposedRegs.shtml. The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amendments. Any written submission in response to this notice and relevant to the proposed changes must be received by the Department of Insurance no later than 4:30 p.m., Monday June 4, 2007, and should be addressed to Mitchell Crane, Esquire, Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.6278 or email to mitch.crane@state.de.us. 1217 Unfair Discrimination in Life Insurance, Annuities and Health Insurance on the Basis of Physical or Mental Impairment 1.0Authority 1.1This regulation is promulgated pursuant to the authority granted by 18 Del.C. §§311, 2312 and 29 Del.C. Chapter 101. 2.0Purpose 2.1The purpose of this regulation is to identify specific acts or practices in life insurance, annuities, and health insurance which are prohibited by 18 Del.C. §2304(13). 3.0Unfairly Discriminatory Acts or Practices 3.1The following are hereby identified as acts or practices in life and health insurance and annuities which constitute unfair discrimination between individuals of the same class: Refusing to insure, or refusing to continue to insure, or limiting the amount, extent or kind of coverage available to an individual, or charging a different rate for the same coverage solely because of a physical or mental impairment, except where the refusal, limitation or rate differential is based on actual or reasonably anticipated experience. 4.0Effective Date 4.1This regulation shall become effective October 1, 2007. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROLDIVISION OF FISH AND WILDLIFEStatutory Authority: 7 Delaware Code, Chapter 1, (7 Del.C., Ch. 1) 7 DE Admin. Code 3901 PUBLIC NOTICE SAN #2007-05 1.Title of the Regulation: 3900 Wildlife Regulations 2.Brief Synopsis of the Subject, Substance and Issues:1.0Definitions (Formerly WR-1) This action is needed to define the term black powder as it pertains to muzzle-loading rifles. The types of powder available for muzzleloaders have increased since muzzleloader hunting began in Delaware. This regulatory change will clarify what the Division views as an acceptable propellant for muzzleloaders in Delaware and provide options for hunters. Furthermore, this action is needed to create a definition for term “deer”. Until recently the only deer species found in Delaware was the white-tailed deer (Odocoileus virginianus) so defining the term “deer” was not needed. Recently, sika deer (Cervus nippon) populations in Maryland are expanding and animals are dispersing into Delaware. Sika deer are an exotic nonnative animal that were introduced to James Island, Maryland in 1916. Since these animals are not native to Delaware, the Department does not want to promote their existence in the State. Potential human/sika deer conflicts and the potential for disease transmission and competition with native white-tailed deer and other native wildlife, are all reasons why sika deer populations should not be promoted in Delaware. By defining the term “deer”, hunters will be allowed to legally harvest sika deer and white-tailed deer during any/all of the established deer hunting seasons.2.0Method of Take (Formerly WR-2) There are 4 actions being taken in the amending of this regulation. 1.This action is needed to clarify that hunters can use a muzzle-loading rifle for hunting deer during deer shotgun seasons. 2.This action is needed to clarify existing terminology in the current regulation. Due to technological advances, many archers use handheld "mechanical release aids" to shoot longbows. Under the current regulation these devices would be illegal in Delaware. The intention of the original regulation was to prohibit the use of mechanical devices that hold a longbow at full draw without the aid of the hunter. A hunter that utilizes a mechanical release aid to shoot a longbow would still have to support/hold the bow's entire draw weight. Accuracy is generally improved with the use of a mechanical release aid. 3.This action was requested by hunters through our public review process; the Advisory Council on Wildlife and Freshwater Fish. Current regulations allow for the use of a .22 caliber rimfire or muzzleloading rifle to harvest gray squirrels, south of the C&D Canal, during any part of the gray squirrel season not concurrent with rabbit, quail or pheasant season. This is an antiquated regulation unsupported by biological or safety rationale. The proposed amendment would allow the use of a rimfire rifle not larger than .22 caliber or muzzleloading rifle to harvest gray squirrels south of the C&D Canal, for the entire gray squirrel season. The proposed change would provide more flexibility to squirrel hunters and is a more effective method to harvest expanding gray squirrel populations. 4.This action is needed due to safety and enforcement concerns regarding sportsman carrying multiple hunting implements in the field at the same time. There is concern that if a hunter possesses multiple hunting implements they would be more likely cause a hunting related accident (either self inflicted, or to another individual or property). Furthermore, allowing multiple weapons can at times make it difficult for a Fish and Wildlife Enforcement Agent to determine if an animal was harvested by legal means. To eliminate this problem, hunters shouldn't be allowed to carry multiple hunting implements while pursuing game in the field.4.0Seasons (Formerly WR-4) There are 3 actions being taken in the amending of this regulation. 1.This action was requested by hunters through our public review process, the Advisory Council on Wildlife and Freshwater Fish. In recent years' expanded deer hunting seasons have caused a subsequent decrease in the number of days available for small game hunting. The current gray squirrel and pheasant seasons end on the Friday preceeding the January shotgun season. This closure is about 2-3 weeks earlier than other small game seasons which end in early February. The proposed amendment would expand the gray squirrel and pheasant seasons to close the same time as other small game seasons (ending on the first Saturday in February). The new proposed amendment would also allow gray squirrel and pheasant hunting during any firearm deer season (except the November deer firearms deer season) provided the hunter is wearing 400 square inches of hunter orange. 2.This action was requested by hunters through our public review process, the Advisory Council on Wildlife and Freshwater Fish. The current daily harvest limit for gray squirrel is 4. In recent years we have experienced a rise in the number of complaints regarding squirrel damage to residences and public picnic areas. This rise in complaints suggests a possible corresponding rise in gray squirrel numbers. The proposed amendment would increase the daily limit from 4 to 6, compatible with the harvest limits of states adjacent to Delaware and should help control increasing squirrel numbers. 3.This action is needed to help "clean-up" the language in the existing regulations so that the terminology is similar among all of the small game species' regulations. The current regulations state that quail and rabbit may be hunted during each of the firearms deer seasons provided that hunter orange requirements are met. Rather than listing each firearm deer season, the regulations should be changed to cover "any firearms deer season". This change will help to alleviate the need to change many multiple secondary regulations if a firearms deer season is added, changed, or removed. 5.0Wild Turkeys (Formerly WR-5) This action will prohibit the use of electronic calls for wild turkey hunting. Electronic calling gives the hunter an unfair advantage and is viewed by many as an un-sportsman like hunting method. This part of the regulation was mistakenly omitted in the original version of the regulation. Turkey hunting has been legal in Delaware since 1991 and no hunter has ever been found using an electronic call. This regulatory change will have no impact on current Delaware hunters but will avoid potential confusion among future hunters regarding electronic calls. The Division no longer requires private land turkey hunters to apply for a special permit through a lottery system but does require all hunters to attend a turkey hunting safety class prior to their first time hunting turkeys in the state. The class certification card has been viewed as the private land hunters permit but this in not clear in the original regulation. The action will make it clear that a safety class is mandatory for all first time Delaware turkey hunters. 7.0Deer (Formerly WR-7) There are 3 actions being taken in the amending of this regulation. 1.A review of the current regulation revealed that the Delaware Non Resident Quality Buck Deer Tag is not included in the list of approved tags for registering this deer. This was an obvious oversight when the regulation was created as these tags are currently being sold to non residents for $25.00. 2.This action was requested by Fish and Wildlife Agents in response to some hunters "reusing" their tags on additional deer they harvest. It will be a requirement to deface a tag once it is attached to the deer. Hunters will record (in ink) the date their deer was harvested on their tag. Once a tag has been defaced it will be rendered as "used" and will not be reusable. 3.This action is in response to preventing the spread of chronic wasting disease (CWD) into Delaware. CWD is a transmissible spongiform encephalopathy affecting elk and deer (cervids) in North America. This degenerative neurological illness has affected both farmed and wild cervids in the US, thus impacting the hunting and wildlife industries as well as domestic and international markets for farmed cervids and cervid products. Currently there is no cure for the disease and if contracted by a cervid the disease is always fatal. This action should help prevent the spread of the disease into this state. 8.0General Rules and Regulations Governing Land and Waters Administered by the Division (Formerly WR-8) There are 3 actions being taken in the amending of this regulation. 1.This action will allow rifled shotgun barrels to be used for deer hunting along the C&D Canal. When the original regulation was promulgated, the intent was to prohibit the use of center fire rifles along the C&D Canal for safety reasons. Subsequently, rifled barrels became available for shotguns which improved accuracy but did not increase range. These barrels should be allowed as they improve hunting efficiency with no adverse safety concerns. They actually add to safety due to their greater accuracy. 2.With increasing deer damage problems and the need for aggressive deer control, more hunting opportunities are needed on public lands. Adding deer stands on coastal wildlife areas often results in placement locations where the only way to access the site is to walk along a dike. Making this change to allow access along dikes will facilitate deer control which will benefit other species and help reduce deer damage on surrounding private lands. 3.Geocaching and Letterboxing are relatively new outdoor recreational activities where a person hides an item outdoors then provides GPS or written information to the public in order for another person to search for the item. This activity is occurring on State Wildlife Areas resulting in conflicts with hunting activities, habitat management work and bird nesting activities. This action will allow the Division to control this activity on its lands for the good of the resource and the persons participating in the activity. 13.0Wildlife Rehabilitation Permits (Formerly WR-13) This action will strengthen permitting requirements, improve the care and well being of animals in captivity and reduce the risk of rabies exposure to rehabilitators and others. In recent years, there have been problems with rehabilitators not caring for animals as they should and exposing themselves and others to rabies vector species without the proper immunization. This regulatory change will make it more clear as to what is expected of rehabilitators regarding these issues. There will be an additional cost to some rehabilitators that will have to upgrade their facilities and obtain the rabies pre-exposure shots in order to maintain their permit. 18.0Wanton Waste This action is needed to create a regulation to ensure that any game animal harvested is utilized and not left in the field as wanton waste. This regulation will ensure that game is not harvested and needlessly left in the field. Any game animal harvested must be utilized for either it's nutritional, taxidermy, scientific or fur value. 3.Possible Terms of the Agency Action: N/A 4.Statutory Basis or Legal Authority to Act: 7 Delaware Code, Chapter 1, Sections 102 & 103 5.Other Regulations That May Be Affected By The Proposal: None 6.Notice of Public Comment These regulatory changes will be presented in a series of public hearings on July 31, 2007, beginning at 6:00 p.m., DNREC Auditorium, 89 Kings Highway, Dover, Delaware. The hearing record for these proposed Regulations will remain open until 4:30 PM, Wednesday August 1, 2007. The order of hearings is as follows: Regulation 3900.13 – Wildlife Rehabilitation Permits Regulation 3900.1 – Definitions Regulation 3900.8 – General Rules and Regulations Governing Land and Water Administered by the Division. Regulation 3900.2 – Method of Take Regulation 3900.4 – Seasons Regulation 3900.5 – Wild Turkeys Regulation 3900.7 – Deer Regulation 3900.18 – Wanton Waste Written comments for the hearing record should be addressed to Kenneth Reynolds, 4876 Hay Point Landing Road, Smyrna, DE 19977 or to Kenneth.Reynolds@state.de.us. The record will remain open for written public comment until 4:30 p.m. August 1, 2007. 7.Prepared By: Kenneth M. Reynolds, 4876 Hay Point Landing Road, Smyrna, DE 19977 Kenneth.Reynolds@state.de.us 302) 653-2883 3900 Wildlife Regulations1.0Definitions (Formerly WR-1) 1.1For purposes of Regulations 1.0 through 16.0, the following words and phrases shall have the meaning ascribed to them, unless the context clearly indicates otherwise: “Administered by the Division” shall mean owned, leased or licensed by the Division. “Antlered Deer” shall mean any deer with one or more antlers three inches long or longer, measured from the base of the antler where it joins the skull to the tip of the antler following any curve of the antler. “Antlerless Deer” shall mean any deer that has no antlers or antlers less than three inches in length. “Bait” shall mean any nontoxic food material, compound or mixture of ingredients which wildlife is able to consume. “Baited Field” shall include any farm field, woodland, marsh, water body or other tract of land where minerals, grain, fruit, crop or other nontoxic compounds have been placed to attract wildlife to be hunted. “Black Powder” shall mean a manufacturer’s approved muzzleloading propellant. “Deer” shall mean white-tailed deer (Odocoileus virginianus) and/or Sika deer (Cervus nippon). “Director” shall mean the Director or Acting Director of the Division. “Division” shall mean the Division of Fish and Wildlife of the Department. “Established Blind” shall mean a structure or pit constructed for the purpose of hunting migratory waterfowl by a landowner on his or her property or by another person with the permission of the landowner or the landowner’s duly authorized agent. “Established Road” shall mean a road maintained for vehicular use by the Division and designated for such use by the Division on current wildlife area maps. “Liberated Game” shall mean cottontail rabbits and game birds, including bobwhite quail, mallard duck, chukar and pheasant released pursuant to § 568 of Title 7. “Loaded Muzzle-Loading Rifle” shall mean the powder and ball, bullet or shot is loaded in the bore. A muzzle-loading rifle shall not be considered loaded if the cap, primer, or priming powder (in a flintlock) is removed and: The striking mechanism used to ignite the cap, primer or priming powder is removed or rendered inoperable; or The rifle is enclosed in a case. “Lure” shall mean any mixture of ingredients, element or compound that attract wildlife, but the wildlife is unlikely to consume. “Longbow” shall mean a straight limb, reflex, recurve or compound bow. All crossbows or variations thereof and mechanical holding and releasing devices are expressly excluded from the definition. “Nongame Wildlife” shall mean any native wildlife, including rare and endangered species, which are not commonly trapped, killed, captured or consumed, either for sport or profit. “Possession” shall mean either actual or constructive possession of or any control over the object referred to. “Refuge” shall mean an area of land, whether in public or private ownership, designated by the Department as a refuge. Land shall only be designated with the permission of the landowner and if such designation is thought to be in the best interest of the conservation of wildlife. Refuges shall normally be closed at all times to all forms of hunting, except as permitted by the Director in writing for wildlife management purposes. “Roadway” shall mean any road, lane or street, including associated right-of-ways, maintained by this State or any political subdivision of this State. “Season” shall mean that period of time during which a designated species of wildlife may be lawfully hunted or a designated species of fish may be lawfully fished. “Vehicle” shall include any means in or by which someone travels or something is carried or conveyed or a means of conveyance or transport, whether or not propelled by its own power. “Wildlife” shall mean any member of the animal kingdom, including without limitation, any amphibian, arthropod, bird, mammal or reptile.3 DE Reg. 289 (8/1/99) 3 DE Reg. 1738 (6/1/00) 2.0Method of Take (Formerly WR-2) (Penalty Section 7 Del.C. §103(d)) 2.1General. Unless otherwise provided by law or regulation of the Department, it shall be unlawful to hunt any protected wildlife with any weapon or firearm other than a longbow or shotgun (10 gauge or smaller), except that: 2.1.1A crossbow may be used in lieu of a shotgun to hunt deer during that part of the November shotgun season that runs from Monday through Saturday of each year and in any shotgun or muzzleloader deer season open in December or January; 2.1.2A muzzle-loading rifle with a barrel length of at least twenty inches and loaded with black powder may be used to hunt deer during the primitive firearms season muzzleloader and shotgun deer seasons; 2.1.3A .22 caliber rimfire pistol may be used to hunt raccoons and opossums and to take wildlife lawfully confined in a trap; 2.1.4A hook, spear or gig may be used to take frogs; and 2.1.5A spear, gig, trap or fyke net may be used to take snapping turtles. 2.1.6A single shot an antique or authentic reproduction black powder Sharps rifle of 45 to 60 caliber shall be lawful for use during shotgun deer seasons using paper patched bullets. 2.2Bow and Arrow. 2.2.1General. No person shall use or have in his or her possession, while hunting, any: poison arrow, arrow with explosive tip, or any bow drawn and held or released by mechanical means (draw locking device), except the Director may issue permits to hunters who are permanently disabled to use crossbows, provided: 2.2.1.1The applicant has a physician’s certification that he or she is unable to use conventional archery equipment; 2.2.1.2The applicant has a disability that requires the use of a wheelchair; 2.2.1.3The applicant is a single or double amputee above the elbow, or a double amputee below the elbow; 2.2.1.4The applicant has a permanent physical disorder which cannot be surgically corrected and prevents the use of an arm or hand; 2.2.1.5The applicant has lung disease to the extent that forced (respiratory) expiatory volume for one (1) second when measured by spirometer is less than one (1) liter or arterial oxygen tension (po) is less than 60 mm/Hg on room air at rest; or 2.2.1.6The applicant has cardiovascular disease to the extent that functional limitations are classified in severity as class III or class IV according to standards accepted by the American Heart Association. 2.2.2Crossbows. Crossbows used for deer hunting must be between 125 and 200 pounds of pull weight, manufactured after 1980, and have a mechanical safety. 2.3Hunting from Boats. 2.3.1Distance from Blinds. During the season for the hunting of migratory waterfowl, it shall be unlawful for any person to hunt from a boat of any kind that is within 1500 feet of an established blind, except that: 2.3.1.1Any person may use a boat to tend lawfully set traps for fur-bearing wildlife; 2.3.1.2Any person may retrieve crippled waterfowl by the use of a boat in accordance with federal regulations; 2.3.1.3Any person may use a boat for transportation to and from an established blind lawfully used by such person; 2.3.1.4Any person may hunt from a boat that is firmly secured and enclosed in an established blind. 2.3.2Notwithstanding the provisions of subsection 2.2.1 of this section, any person may hunt migratory waterfowl within 1500 feet of an established blind, from a boat, with permission of the blind owner. 2.3.3Gunning Rigs. 2.3.3.1During the season for hunting migratory waterfowl, it shall be unlawful for any person to hunt within 900 feet of the shoreline (high tide line) of the Delaware River and Bay, between the Appoquinimink River and the Smyrna River, without written permission of the closest adjoining landowner(s). 2.3.3.2During the season for hunting migratory waterfowl, it shall be unlawful for any person to hunt within 1500 feet of the shoreline (high tide line) of the Delaware River and Bay, between the Smyrna River and the Murderkill River, without written permission of the closest adjoining landowner(s). 2.3.4Tender Boats. It shall be unlawful for tender boats servicing gunning (layout) rigs to be further than 1500 feet from the rig or to conduct any activity, except to pick up downed birds or service the rig. 2.3.5During the season for hunting migratory waterfowl, it shall be unlawful for any person to hunt from a boat, or a floating or fixed blind in the Little River in areas bounded on both sides by land administered by the Division, except as permitted in writing by the Director. 2.4Leghold Traps. 2.4.1It shall be unlawful for any person to set a leghold trap at any time in this State, except from December 1 through March 10 (March 20 on embanked meadows) in New Castle County and December 15 through March 15 in Kent and Sussex counties. 2.4.2Notwithstanding subsection 2.4.1 of this section, it shall be lawful to trap raccoons with leghold traps in New Castle County or Kent County from the southerly boundary of New Castle County Route 380 and east and southeast of the center line of U.S. Route No. 13, thence following said center line of U.S. Route No. 13 to the point where U.S. Route No. 13 forms a junction with U.S. Route No. 113 and thence along the center line of U.S. Route No. 113 to a line dividing Kent County from Sussex County during any time of the year, except on Sundays. Notwithstanding the foregoing, this subsection shall not apply to lands in Kent County lying east of the center line of Route 113, north of the Sussex County line and south of the St. Jones River. 2.4.3It shall be unlawful for any person to set long-spring traps, “Stop-Loss” traps or jump traps larger than No. 1½ or coil-spring traps larger than No. 1 in any location, except: 2.4.3.1In any marsh ordinarily subject to the rise and fall of the tide; 2.4.3.2In a diked marsh that was formerly tidal; 2.4.3.3Below the mean high tide line in a river ordinarily subject to the rise and fall of the tide; 2.4.3.4On an island surrounded by tidal marsh or diked marsh that was formerly tidal; or 2.3.4.5In the areas described in subsection 2.4.2 of this section. The term “diked marsh” shall not include millponds or any stream running into a millpond. 2.4.4In addition to the areas listed in subsection 2.4.3 of this section, traps described in said subsection may be set for river otter and/or beavers in tax ditches, millponds and streams leading into such ponds only by underwater sets. 2.4.5It shall be unlawful for any person to set or make use of long-spring traps, “Stop-Loss” traps or jump traps larger than No. 1½ or coil-spring traps larger than No. 1 without first permanently attaching a metallic tag on each trap, bearing: 2.4.5.1The words “Trapping License, Delaware”, the number of the trapping license issued to the owner of the traps and the year of issuance; or 2.4.5.2The owner's name and address. 2.4.6It shall be unlawful for any person to set a long-spring trap, “Stop-Loss” trap, jump trap No. 1½ or smaller or a coil-spring trap No. 1 or smaller in any location in this State, except in the areas described in subsections 2.4.3 and 2.4.4 of this section and in the following locations: 2.4.6.1A ditch; 2.4.6.2A stream; or 2.4.6.3On land not subject to cultivation of  crops due to a normally marshy condition. 2.4.7For the purposes of subsection 2.4.6 of this section, the term “ditch” shall mean a long, narrow channel dug into the earth as a trough for drainage or irrigation of the soil that normally contains flowing water. 2.4.8For the purposes of subsection 2.4.6 of this section, the term “normally marshy condition” shall mean land with one or more of the following associated plant groupings growing upon it: cordgrass, sedges, rushes, cattails, threesquare or phragmites. 2.4.9When information is furnished to a Fish and Wildlife Agent from the owner, tenant or sharecropper of any land that any species of wildlife is detrimental to crops, property or other interests on land on which he or she resides or controls, upon investigation, that Fish and Wildlife Agent may issue a permit to such person or his or her agent for the use of leghold traps to control said species of wildlife. Said permit may be issued at any time of the year. 2.4.10The setting of each trap in violation of this section shall be a separate offense. 2.5Gray Squirrel. Hunting gray squirrels with a .22 caliber rimfire rifle not larger than .22 caliber or muzzle-loading rifle not larger than .36 caliber firing a round projectile is permitted south of the Chesapeake and Delaware Canal. during that part of the gray squirrel season which is not concurrent with the rabbit, quail or pheasant seasons as they are described in Section 4.0 2.6Muskrats. It shall be unlawful for any person to shoot muskrats at any time, except with written permission of the Director. 2.7Otters. Each otter trapped in Delaware must be tagged by an authorized representative of the Division. Each otter sold in Delaware or shipped out of the State must be tagged in accordance with the requirements of the Convention on International Trade in Endangered Species. 2.8Red Fox. Red foxes may be killed in accordance with § 788 of Title 7 with the following: bow and arrow; shotgun with shot up to size 2 lead or T steel; rimfire rifle or centerfire rifle up to .25 caliber using hollow point bullets with a maximum bullet weight of 75 grains; or a muzzle-loading rifle. 2.9Multiple Hunting Implements Notwithstanding subsections 7.3.3 of regulation 7.0 it shall be unlawful for any person to carry multiple hunting implements while pursuing game in the field.3 DE Reg. 289 (8/1/99) 6 DE Reg. 536 (10/1/02) 3.0Federal Laws and Regulations Adopted (Formerly WR-3) (Penalty Section 7 Del.C. §103(d)) 3.1Federal Laws. It shall be unlawful for any person to hunt, buy, sell or possess any protected wildlife or part thereof, except in such manner and numbers as may be prescribed by the following federal laws and regulations promulgated thereunder: Airborne Hunting Act (16 USC § 742j-l et seq.), Eagle