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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2019


Regulatory Flexibility Act Form

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7 DE Admin. Code 3300
7 DE Admin. Code 3300 Non-Tidal Finfish - 3301 Definitions and 3304 Creel Limits, Size Limits and Seasons.
7 Del.C. §103 (a & b)
The hearing record on the proposed changes to 7 DE Admin. Code 3300 Non-Tidal Finfish - 3301 Definitions and 3304 Creel Limits, Size Limits and Seasons opens January 1, 2019. Individuals may submit written comments regarding the proposed changes via e-mail to Bethany.Fiske@state.de.us or via the USPS to Bethany Fiske, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901. A public hearing on the proposed amendment will be held on Wednesday, January 23, 2019 beginning at 6:00 PM in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901. Public comments will be received until close of business Thursday, February 7, 2019.
“Administered by the Division” means owned, leased or licensed by the Division.
Bait” means any nontoxic food material, compound or mixture of ingredients which wildlife is able to consume.
“Baited Field” means 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.
Designated Trout Pond” means:
Beaver Run”, from the boundary line between this State and the Commonwealth of Pennsylvania to the Brandywine River;
Christina Creek”, from the boundary line between this State and the State of Maryland through Rittenhouse Park;
Mill Creek”, from Brackenville Road to Route 7;
Pike Creek”, from Route 72 to Henderson the bridge at Pike Creek Road;
"Red Clay Creek", from the dam just below the boundary between the State of Delaware and the Commonwealth of Pennsylvania to the bridge at Yorklyn Road;
White Clay Creek”, from the boundary line between this State and the Commonwealth of Pennsylvania to the downstream side of Paper Mill Road;
Wilson Run”, from Route 92 through Brandywine Creek State Park; and
“Director” means the Director or Acting Director of the Division.
“Division” means the Division of Fish and Wildlife of the Department.
“Established road” means a road maintained for vehicular use by the Division and designated for such use by the Division on current wildlife area maps.
“Fishing” or “to fish” means to take, catch, kill or reduce to possession or attempt to take, catch, kill or reduce to possession any fish by any means whatsoever.
“Game fish” means 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.
“Possession” means either actual or constructive possession of or any control over the object referred to.
“Refuge” means 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.
“Restricted Trout Stream” means 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.
“Roadway” means any road, lane or street, including associated right-of-ways, maintained by this State or any political subdivision of this State.
“Season” means 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” 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.
(Penalty Section 7 Del.C. §1304)
4.0 Snakehead. It is lawful to take northern snakehead fish (Channa argus) or blotched snakehead fish (Channa maculata) from non-tidal waters of this State with hook and line; bow and arrow; and spear.
(Penalty Section 7 Del.C. §1304)
2.1.3 It is unlawful for any person to possess any smallmouth bass measuring from twelve (12) inches to and including (17) inches in total length. Any smallmouth bass taken which is equal to or greater than twelve (12) inches and less than or equal to seventeen (17) inches must be immediately returned to the water with the least possible injury.
3.2.1 It is unlawful for any person to fish for rainbow trout, brown trout, brook trout, or any hybrids of these species in designated trout streams on the opening day of the trout season before 7:30 7:00 a.m. and thereafter for the remainder of the trout season between one-half hour after sunset and one-half hour before sunrise.
(Penalty Section 7 Del.C. §1304)
(Penalty Section 7 Del.C. §1304)
(Penalty Section 7 Del.C. §1304)
(Penalty Section 7 Del.C. §1304)
2.0 Transportation, Possession and Sale. It is unlawful for any person to transport, purchase, possess, or sell walking catfish (Clarius batrachus) or the white amur or grass carp (Ctenopharyngodon idella) or live northern snakehead fish (Channa argus) or blotched snakehead fish (Channa maculata) without the written permission of the Director.
(Penalty Section 7 Del.C. §1304)
Last Updated: December 31 1969 19:00:00.
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