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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2015

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7 DE Admin. Code 3507
Pursuant to 29 Del.C. §10119
Pursuant to 29 Del.C. §10119, the Department of Natural Resources and Environmental Control is adopting amendments to Tidal Finfish Regulation 3507 without prior notice or public hearing to assure that Delaware's recreational black sea bass season is consistent with the federal recreational black sea bass season and to avoid the actual and imminent danger to this fishing resource and its associated businesses.7 Del.C. §903(h) authorizes the Department to adopt emergency regulations 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.
Therefore, this Emergency Order changes the date in the relevant regulation, 7 DE Admin. Code 3507, from a closure period of January 1 through midnight May 18 to a closure period from January 1 through midnight May 14, allowing the season to open on May 15 consistent with the federal regulation.
It is hereby ordered, the 5th day of May 2015 that the above referenced amendment to Tidal Finfish Regulation 3507 (12.0), a copy of which is hereby attached, are adopted pursuant to 7 Del.C. §903(h) and supported by the evidence contained herein.
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any commercial person to have in possession any black sea bass (Centropristis striata) that measures less than eleven (11) inches, total length excluding any caudal filament.
3.0 It shall be unlawful for any commercial fisherman to land, to sell, trade and or barter any black sea bass in Delaware unless authorized by a black sea bass landing permit issued by the Department. The black sea bass landing permit shall be presumed to transfer with the vessel whenever it is bought, sold, or otherwise transferred to an eligible transferee as defined in 7 Del.C. §2903, unless there is a written agreement, signed by the transferor/seller and transferee/buyer, or other credible written evidence, verifying that the transferor/seller is retaining the vessel’s fishing and permit history for purposes of replacing the vessel.
Last Updated: December 31 1969 19:00:00.
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