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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2013

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RE: Approving Final Regulations to Amend 7 DE Admin. Code 3500, for the addition of a new section in the Tidal Finfish Regulations, to wit:
7 DE Admin. Code §3545: Invasive Finfish
* Please Note: This regulation was inadvertently excluded in the Final Regulations that were published on June 1, 2013. It is being published here as an Errata. The effective date remains the same.
This Order considers proposed regulations to amend 7 DE Admin. Code 3500, specifically, for the inclusion of a new section in Delaware's Tidal Finfish regulations, to wit: 7 DE Admin. Code §3545: Invasive Finfish. The Department's Division of Fish and Wildlife commenced the regulatory development process with Start Action Notice 2012-24. The Department published its initial proposed regulation in the March 1, 2013 Delaware Register of Regulations. The Department then held a public hearing on March 21, 2013. The public hearing record remained open at that time for public comment through April 5, 2013.
5.) The adoption of this Order will allow Delaware to amend its existing Tidal Finfish Regulations (7 DE Admin. Code §3500) to include a new section, §3545, Invasive Finfish, which will (1) formally designate snakehead fish, blue catfish, flathead catfish, walking catfish, and grass carp as invasive finfish species; (2) prohibit the unauthorized stocking, possession, purchase, transport or sale of live invasive finfish; and (3) specify fishing equipment and methods to take invasive finfish species;
7.) The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
(Penalty Section 7 Del.C. 936(b)(2))
Bow and arrow means an instrument with one or more pointed barbed or barbless prongs or blades affixed to a straight shaft and propelled by a stringed mechanical device.
Director means the Director of the Division of Fish and Wildlife.
Invasive finfish means any species of the family Channidae, including but not limited to the northern snakehead (Channa argus) and blotched snakehead (C. maculata); blue catfish (Ictalurus furcatus); flathead catfish (Pylodictis olivaris); walking catfish (Clarias batrachus); and grass carp (Ctenopharyngodon idella).
It is unlawful to transport, purchase, possess, or sell a live invasive finfish without the written permission of the Director.
4.1 It is lawful for a person to take invasive finfish with any fishing equipment or method for which they are licensed, permitted or lawfully exempt.
Last Updated: December 31 1969 19:00:00.
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