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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2016

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7 DE Admin. Code 3774
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") pursuant to 7 Del.C. §§6006, 6010, and other relevant authority, the following findings of fact based on the record, reasons and conclusions are entered as an Order of the Secretary in the above-referenced regulatory proceeding.
This Order relates to proposed regulation Amendments to 7 DE Admin. Code 3774: Oyster Minimum Size Limit, promulgated pursuant to authority granted in 7 Del.C. §§1902(a) and 2106(d). The Department's Division of Fish and Wildlife commenced the regulatory development process with Start Action Notice 2016-01 dated March 8, 2016. The Department published its initial proposed regulation Amendments in the April 1, 2016 Delaware Register of Regulations. The Department then held a public hearing on April 21, 2016. Consistent with 29 Del.C. §10118(a), the public hearing record remained open for public comment through May 6, 2016.
The purpose of this proposed regulatory promulgation is to adopt as final the aforementioned proposed Amendments to 7 DE Admin. Code 3774: Oyster Minimum Size Limit ("Amendments"). Delaware's Advisory Council on Shellfisheries requested the Department's Division of Fish and Wildlife ("Division") to consider this proposed regulatory action to allow Delaware's oyster harvesters to possess de minimis quantities of undersized oysters (less than 2.75 inches between the two most distant points on the edges of said oyster's shell, "undersized") that are inherent to the harvesting process.
Based on the record developed by the Department's experts and established by the Hearing Officer's Report, I find that the proposed regulatory Amendments to 7 DE Admin. Code 3774: Oyster Minimum Size Limit, are well-supported. Therefore, the recommendations of the Hearing Officer are hereby adopted, and I direct that the proposed regulatory Amendments be promulgated as final.
1. The Department has the statutory basis and legal authority to act with regard to the proposed Amendments to 7 DE Admin. Code 3774, Oyster Minimum Size Limits, pursuant to 7 Del.C. §§1902(a) and 2106(d);
2. The Department has jurisdiction under its statutory authority, pursuant to 7 Del.C. Ch. 60, to issue an Order adopting these proposed regulatory amendments as final;
6. The Department has reviewed these proposed regulatory Amendments in the light of the Regulatory Flexibility Act, consistent with 29 Del.C. Ch. 104 (version applicable to all regulations initially published on or after January 1, 2016), and has selected Exemption "B1" regarding same, as this proposed regulation is not substantially likely to impose additional costs or burdens upon individuals and/or small businesses. Moreover, the Department believes these proposed regulatory Amendments to be lawful, feasible and desirable, and that the recommendations as proposed should be applicable to all Delaware citizens equally;
7. The Department's proposed regulatory Amendments to 7 DE Admin. Code 3774, Oyster Minimum Size Limits, as published in the April 1, 2016 Delaware Register of Regulations, and as set forth in Appendix "A" hereto, are adequately supported, are not arbitrary or capricious, and are consistent with the applicable laws and regulations. Consequently, they are approved as final regulatory amendments, which shall go into effect ten days after their publication in the next available issue of the Delaware Register of Regulations; and
8. The Department shall submit this Order approving as final the proposed Amendments to 7 DE Admin. Code 3774, Oyster Minimum Size Limits, 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. §1912)
1.0 It shall be Except as provided in 1.1 and 1.2, it is unlawful for any person to possess any oyster harvested for direct sale from the State's natural oyster beds that measures less than 2.75 (2¾) inches between the two most distant points on the edges of said oyster's shell.
Last Updated: December 31 1969 19:00:00.
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