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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2018

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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, the Department of Natural Resources and Environmental Control is adopting amendments to 7 DE Admin. Code 3511, Summer Flounder Size Limits; Possession Limits; Season, without prior notice or public hearing to ensure that Delaware's recreational Summer Flounder fishery resource avoids unnecessary hardship, benefits from a sustainable harvest liberalization, and remains competitive with similar fishing resources in New Jersey, Maryland and Virginia.
7 Del.C. §903(h) authorizes the Department to adopt emergency regulations when such regulations are necessary to deal with an actual or imminent danger to a fishing resource or habitat involving finfish. It should be noted that the emergency regulations are intended as interim measures, necessary to avoid the risk of harm to public health, safety, and welfare, pending the formal adoption of regulations pursuant to the Administrative Procedures Act.
The Summer Flounder recreational fishery in Delaware begins imminently in April. The requirements of 29 Del.C. §§ 10115 - 10118 do not afford sufficient time to accommodate the amendments before the recreational fishery begins. The emergency provisions of 29 Del.C. §10119, as well as 7 Del.C. §903(h), which authorizes the adoption of emergency regulations when such regulations are necessary to deal with an actual or imminent danger to a fishing resource, allow for the adoption of the Emergency Regulation. Emergency Regulation is necessary for Delaware's recreational fishing resources to avoid unnecessary hardship, to benefit from the sustainable harvest liberalization and to remain competitive with similar fisheries in New Jersey, Maryland and Virginia.
This Emergency Order shall take effect immediately upon issuance, and shall remain in effect for 120 days; however, at the expiration of 120 days, the Department may choose to renew this Emergency Order once for a period not exceeding 60 days, consistent with 29 Del.C. §10119(3). The Department intends to propose regulations that would supersede the interim regulations upon formal approval pursuant to the Administrative Procedures Act, pursuant to 29 Del.C. §10115.
It is hereby ordered, the 13th day of April, 2018 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, are adopted pursuant to 29 Del.C. §10119 and 7 Del.C. §903(h), and are 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 seventeen (17) sixteen and one half (16.5) 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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