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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2018


Regulatory Flexibility Act Form

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(7 Del.C. §4701(a)(4) and 29 Del.C. §8003(7))
7 DE Admin. Code 9201
7 DE Admin. Code 9201 Regulations Governing State Parks
7 DE Admin. Code 9201 Regulations Governing State Parks are being proposed for amendment to comply with the decision of the Delaware Supreme Court in Bridgeville R&P Club v. DNREC (Dec. 7, 2017) that invalidated portions of the existing regulations governing firearms. The emergency regulations promulgated on December 26, 2017 will be superseded by these regulations.
These regulations are issued by the Secretary pursuant to the power conveyed by the General Assembly for DNREC to "[m]ake and enforce regulations relating to the protection, care and use of the areas it administers", 7 Del.C. §4701(a)(4), and to "[e]stablish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State". 29 Del.C. §8003(7).
The hearing record on the proposed amendments to 7 DE Admin. Code 9201 Regulations Governing State Parks will open February 1, 2018 and public comments will be accepted in accordance with 29 Del.C. §10118. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@state.de.us or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042. A public hearing on the proposed amendment will be held on March 12, 2018 beginning at 6:00 pm in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.
"Actively Engaged in Surf Fishing" means when a person is taking all reasonable and necessary actions to maximize the probability of hooking and landing game fish by rod, reel and line attached to a baited rig, artificial lure or artificial fly. A person is also actively engaged in surf fishing when they are within 50 feet of their fishing equipment and are tending, casting and recasting their fishing equipment.
"Activity Charge” means any fee assessed to offset the costs associated with a particular program or activity."
"Alcoholic Liquor", "Alcoholic Beverages" include the 4 varieties of liquor defined in 4 Del.C. §101 (alcohol, spirits, wine and beer) as well as every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being and any liquid or solid containing more than 1 of the 4 varieties defined in 4 Del.C. §101 is considered as belonging to that variety which usually has the higher percentage of alcohol.
"Authorized Agent" shall mean any employee of the Division or volunteer who has been delegated the authority to perform or cause to be performed, certain designated acts or functions within the scope of his duties.
"Bicycle" shall include that certain class of vehicles which are exclusively human-powered by means of foot pedals, which the driver normally rides astride, which have not in excess of 3 wheels and which may be commonly known as unicycles, bicycles and tricycles. The term "bicycle" also includes a 2- or 3-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 horsepower), whose maximum speed on a paved level surface, when powered solely by such motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. (21 Del.C. §101(4)).
"Commission" means the Commission created under 4 Del.C. Ch. 3, under the name of "The Delaware Alcoholic Beverage Control Commission".
"Department" shall mean the Department of Natural Resources and Environmental Control.
"Director" shall mean the Director of the Division of Parks and Recreation or his designee.
"Division" shall mean the Division of Parks and Recreation of the Department of Natural Resources and Environmental Control.
"Drug Paraphernalia" for the purposes of this chapter shall be defined in 16 Del.C. §4701.
"Firearm" includes any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable, loaded or unloaded. (11 Del.C. §222(12)).
"Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
"Hunter Registration Card" means a document issued by the Division which confers eligibility to participate in hunting programs on parks subject to special restriction.
"License" means any license, temporary instructor's permit or temporary license issued under the laws of the state pertaining to the licensing of persons to operate motorized vehicles or vessels. "License" shall also mean any document issued by the State for hunting or fishing.
"Motorized Vehicle" means every vehicle which is self‑ propelled including, but not limited to, mopeds, motorcycles, all terrain vehicles (ATV) and other two, three or four‑wheel vehicles, except Other Power-Driven Mobility Devices that comply with the device specifications in the Division of Parks and Recreation's administrative policy.
"Operator" means any person who is in actual in physical control of any motorized vehicle, vessel, snowmobile or other means of conveyance.
"Owner" means a person who holds legal title to a vehicle, vessel or snowmobile.
"Permit" shall mean any written license issued by the Department permitting the performance of a specified act or acts.
"Resident" shall mean any person, persons or corporations owning a motorized vehicle(s) duly registered by the Delaware Motor Vehicle Division of the Department of Public Safety and possessing a valid Delaware Motor Vehicle operator's license.
"Restaurant" means any establishment, provided with special space and accommodation, where, in consideration of payment, food is habitually furnished to a park visitor, and does not include the following types of establishments defined in 4 Del.C. §101, tavern or taproom.
"Restricted Use Parking Area" means those parking areas which may be set aside and reserved for use by persons patronizing certain facilities within the park. Such areas will be signed designating type of use: i.e., Restaurant Parking, Marina Parking, etc.
"Secretary" shall mean the Secretary of the Department of Natural Resources and Environmental Control.
"Snowmobile" means a motorized vehicle designed to travel over ice or snow supported in whole or in part by skis, belts, or cleats, or an engine‑driven vehicle of a type which uses sled‑type runners or skis or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment or any military or law enforcement vehicle.
"State" shall mean the State of Delaware.
"Surf Fishing Vehicle Permit" means the owner's copy of the written permit and a surf fishing vehicle plate with current year validation sticker affixed.
"Vending" means to: solicit or receive an order for; keep or expose for sale; deliver or value in any other way than purely gratuitously; keep with intent to sell; traffic in; or for any valuable consideration, promise or obtain, directly or indirectly, or under any pretext or by any means whatsoever, procure, or allow to be procured for any other person.
"Vendor" means a person who is in the act of vending as defined in these regulations.
"Vessel" includes every description of water craft, other than a seaplane on water, used or capable of being used as a means of transportation.
2.3 Regulation Authority. In accordance with Title 7 Del.C. §4702(c), of the Delaware Code Annotated, the Administrative Procedures Act, all Rules and Regulations of the Department of Natural Resources and Environmental Control, Division of Parks and Recreation, shall have the effect of law and shall be published in at least two newspapers, of general circulation in the territory to be affected, 30 days prior to the date the Rules and Regulation become effective, except in the case of an emergency, the Department or Division shall give such advance notice as deemed necessary or desirable.
2.5.1 In order to promote the safety and welfare of park visitors and protect and manage property in the parks, the Director, Chief of Enforcement, Park Administrators and Superintendents shall have the authority to develop reasonable policies for State Parks that are not in conflict with 7 Del.C. Ch. 47 and these Rules and Regulations. These policies must be approved by the Director and posted in a conspicuous place in the park prior to their becoming effective. Copies of all policies shall also be maintained in the office of the Park Superintendent or Park Administrator and the Central Office.
3.8 The Division maintains exhibits at the Brandywine Zoo, various Nature Centers and temporary exhibits to provide recreational interpretation to the public. The following regulations apply in these areas:
9.8.1 Any other use or operation of a vehicle on, over or across the primary sand dunes, except at authorized crossings, is expressly prohibited. Violators of this regulation may be charged under 7 Del.C. §6805(b) which carries a penalty of $200 to $5,000 or imprisonment for up to two years or both, in addition to reimbursing the Department for reasonable expenses in remedying damages created.
20.5 The unlawful possession, use or consumption of narcotics, drugs, drug substances, or controlled substances and/or drug paraphernalia as listed and defined in Title 16, Delaware Code is expressly prohibited upon lands or waters or within facilities administered by the Division.
21.1 It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots, or archery equipment upon lands or waters within designated areas administered by the Division, except with prior written approval of the Director, or as set forth below.
24.1 In accordance with the provision set forth in 7 Del.C. §4701(a)(8), the Division may employ personnel who shall have all the powers of investigation, detention and arrest, conferred by law on peace officers, sheriffs, or constables for the enforcement of the Division Rules and Regulations.
24.2.1 In accordance with 29 Del.C. §8003(a), Law Enforcement Officers of the Department of Natural Resources and Environmental Control shall see to the enforcement of all laws, regulations, rules, permits, licenses, orders and program requirements of the Department of Natural Resources and Environmental Control.
25.1 In accordance with the provisions set forth in the 7 Del.C. §4702(a), any person convicted of violating any rule or regulation promulgated by the Department of Natural Resources and Environmental Control pursuant to this chapter shall be:
The amendments to these regulations become effective April 1, 2016.
I, John A. Hughes, Secretary of the Department of Natural Resources and Environmental Control, hereby adopt and establish for the Division of Parks and Recreation the foregoing Rules and Regulations of the Department pursuant to 7 Del.C., Ch. 47, Subsection 4702(c).
John A. Hughes, Secretary
Last Updated: December 31 1969 19:00:00.
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