DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
REGISTER NOTICE
Wildlife Regulatrions, WR-1, Definitions
1. Title of the Regulations:
Wildlife & Non-Tidal Fishing Regulations
2. Brief Synopsis of the Subject, Substance and Issues:
Amendments are being proposed to: 1) modify the season for the taking of diamondback terrapin; 2) restrict the collection and sale of “native wildlife” species; 3) identify the native reptiles and amphibians that may be collected for noncommercial purposes; 4) update the regulation relating to the registration of native reptiles and amphibians owned prior to the effective date of the regulation limiting their possession; 5) change the title of WR-6 to “Game Preserves”; 6) update and formally adopt a list of endangered species for the State; and 7) create a slot length limit coupled with a revised size and possession limit to protect the State’s spawning population of smallmouth bass.
3. Possible Terms of the Agency Action:
None
4. Statutory Basis or Legal Authority to Act:
23 Delaware Code, Sections 103 and 601
5. Other Regulations Affected by the Proposal:
None
6. Notice of Public Comment:
A public hearing will be held on January 11, 2000, at 7:30 p.m. in the auditorium of the Richardson and Robbins Building, 89 Kings Highway, Dover, Delaware. Comments may be in writing or may be presented orally at the hearing. Written comments must be received by the Division of Fish and Wildlife no later than 4:30 p.m. on January 25, 2000, and should be addressed to H. Lloyd Alexander, Wildlife Administrator, Division of Fish and Wildlife, 89 Kings Highway, Dover, Delaware 19901.
7. Prepared by: H. Lloyd Alexander (302-739-5297), 11/15/99
WR-1. DEFINITIONS.
For purposes of WR-2 through WR-15 WR-16 and NT-1 through NT-8, the following words and phrases shall have the meaning ascribed to them, unless the context clearly indicates otherwise:
(1) “Administered by the Division” shall mean owned, leased or licensed by the Division.
(2) “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.
(3) “Antlerless deer” shall mean any deer that has no antlers or antlers less than three inches in length.
(4) “Bait” shall mean any nontoxic food material, compound or mixture of ingredients which wildlife is able to consume.
(5) “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.
(6) “Designated trout stream” shall mean:
a. Christina Creek, from the boundary line between this State and the State of Maryland through Rittenhouse Park;
b. White Clay Creek, from the boundary line between this State and the Commonwealth of Pennsylvania to the downstream side of Paper Mill Road;
c. Pike Creek, from Route 72 to Henderson Road;
d. Mill Creek, from Brackenville Road to Route 7;
e. Wilson Run, from Route 92 through Brandywine Creek State Park; and
f. Beaver Run, from the boundary line between this State and the Commonwealth of Pennsylvania to the Brandywine River.
(7) “Director” shall mean the Director or Acting Director of the Division.
(8) “Division” shall mean the Division of Fish and Wildlife of the Department.
(9) “Endangered species” shall mean any species of fish or wildlife designated by regulation of the Department as being in danger of extinction throughout all or a significant portion of its range, or determined by the Secretary of Commerce or the Secretary of the Interior to be an endangered species in accordance with the Endangered Species Act of 1973, as amended.
(9)(10) “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.
(10)(11) “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.
(11)(12) “Fishing” or “to fish” shall mean to take, catch, kill or reduce to possession or attempt to take, catch, kill or reduce to possession any fish by any means whatsoever.
(12)(13) “Game fish” shall include smallmouth bass, largemouth bass, black or white crappie, rock bass, white bass, walleye, northern pike, chain pickerel, muskellunge (or hybrids), salmon, trout, sunfishes and white bass/striped bass hybrids.
(13)(14) “Liberated game” shall mean cottontail rabbits and game birds, including bobwhite quail, mallard duck, chukar and pheasant released pursuant to § 568 of Title 7.
(14)(15) “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:
a. The striking mechanism used to ignite the cap, primer or priming powder is removed or rendered inoperable; or
b. The rifle is enclosed in a case.
(15)(16) “Lure” shall mean any mixture of ingredients, element or compound that attract wildlife, but the wildlife is unlikely to consume.
(16)(17) “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.
(17)(18) “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. “Native wildlife” shall mean any species of the animal kingdom indigenous to this State.
(18)(19) “Possession” shall mean either actual or constructive possession of or any control over the object referred to.
(19)(20) “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.
(20)(21) “Restricted trout stream” shall mean the White Clay Creek from a point 25 yards above Thompson Bridge at Chambers Rock Road to the boundary line between this State and the Commonwealth of Pennsylvania.
(21)(22) “Roadway” shall mean any road, lane or street, including associated right-of-ways, maintained by this State or any political subdivision of this State.
(22)(23) “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.
(23)(24) “Wildlife” shall mean any member of the animal kingdom, including without limitation, any amphibian, arthropod, bird, mammal or reptile.
(24)(25) “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.