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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2018

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(7 Del.C. §903(h) and 29 Del.C. §10119)
7 DE Admin. Code 3511
Pursuant to 29 Del.C. §10119, the Department of Natural Resources and Environmental Control is renewing amendments to Tidal Finfish Regulation 7 DE Admin. Code 3511, Summer Flounder Size Limits; Possession Limits; Season, adopted through Secretary's Order 2018-F- 0026, without prior notice or public hearing to ensure that Delaware's recreational Summer Flounder fishery resource avoids unnecessary hardship, benefits from a sustainable harvest liberalization, and remains competitive with similar fishing resources in New Jersey, Maryland and Virginia.
7 Del.C. §903(h) authorizes the Department to adopt and renew emergency regulations when such regulations are necessary to deal with an actual or imminent danger to a fishing resource or habitat involving finfish. It should be noted that the emergency regulations are intended as interim measures, necessary to avoid the risk of harm to public health, safety, and welfare, pending the formal adoption of regulations pursuant to the Administrative Procedures Act.
As the Summer Flounder recreational fishery typically begins in April, the requirements of 29 Del.C. §§10115 - 10118 did not afford sufficient time to accommodate adoption of a 16.5- inch minimum size limit before the Summer Flounder recreational fishery began. Therefore, the emergency provisions of 29 Del.C. §10119, as well as 7 Del.C. §903(h), which authorize the adoption of emergency regulations when such regulations are necessary to deal with an actual or imminent danger to a fishing resource, were used to implement the necessary regulatory change.
As the emergency regulation is set to expire, renewal of the emergency regulation, as provided by 29 Del.C. §10119(3), is necessary to allow sufficient time to amend the Summer Flounder regulation through the full provisions of the Administrative Procedures Act and 29 Del.C. §10115. Renewal of this emergency regulation will continue to ensure Delaware's recreational fishing resources avoid unnecessary hardship, benefit from the sustainable harvest liberalization, and remain competitive with similar fisheries in New Jersey, Maryland and Virginia.
This order and the corresponding emergency regulation shall take effect at 12:01 a.m. on August 11, 2018 and shall remain in effect for no longer than 60 days, consistent with 29 Del.C. §10119(3). The Department has proposed regulations that would supersede the interim regulations upon formal approval pursuant to the Administrative Procedures Act and 29 Del.C. §10115.
It is hereby ordered, the 18th day of July, 2018 that the above referenced amendments to 7 DE Admin. Code 3511, Summer Flounder Size Limits; Possession Limits; Season, a copy of which is hereby attached, are renewed and adopted pursuant to 29 Del.C. §10119 and 7 Del.C. §903(h), and are supported by the evidence contained herein.
(Penalty Section 7 Del.C. §936(b)(2))
3.0 It shall be unlawful for any person, to have in possession any part of a summer flounder that measures less than seventeen (17) sixteen and one half (16.5) inches between said part's two most distant points unless said person also has in possession the head, backbone and tail intact from which said part was removed.
Last Updated: December 31 1969 19:00:00.
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