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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2017

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(7 Del.C. §903(h) and 29 Del.C. §10119)
7 DE Admin. Code 3511
Pursuant to 29 Del.C. §10119 and 7 Del.C. §903(h), the Department of Natural Resources and Environmental Control is renewing amendments to 7 DE Admin. Code 3511: Summer Flounder Size Limits; Possession Limits; Seasons, as initially provided by Emergency Secretary's Order No. 2017-F-0012, without prior notice or public hearing. 29 Del.C. §10119 authorizes emergency regulations and provides for a one-time renewal where an agency determines that an imminent peril to the public health, safety or welfare requires the amendment of a regulation with less than the notice required by 29 Del.C. §10115. 7 Del.C. §903(h) authorizes the Department to adopt emergency regulations, and provides for a one-time renewal when such regulations are necessary to deal with an actual or imminent public health threat or danger to a fishing resource or habitat involving finfish. It is the determination of the agency that renewal of the amendment is immediately necessary to ensure compliance with Addendum XXVIII to the Summer Flounder, Scup, [and] Black Sea Bass Fishery Management Plan to prevent overfishing of the Summer Flounder resource, and to provide for the welfare of those individuals and businesses dependent on the Summer Flounder recreational fishery.
It is hereby ordered, this 2nd day of June, 2017 that the above referenced amendment to 7 DE Admin. Code 3511: Summer Flounder Size Limits; Possession Limits; Season, a copy of which is hereby attached, is adopted, pursuant to 29 Del.C. §10119 and 7 Del.C. §903(h), and supported by the evidence contained herein.
(Penalty Section 7 Del.C. §936(b)(2))
3.0 It shall be unlawful for any person, to have in possession any part of a summer flounder that measures less than sixteen (16) seventeen (17) inches between said part's two most distant points unless said person also has in possession the head, backbone and tail intact from which said part was removed.
Last Updated: December 31 1969 19:00:00.
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