Delaware Register of Regulations
Issue Date: March 1, 2011
Volume 14 - Issue 9, Pages 837 - 928
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862 PROPOSED REGULATIONS
DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 9, TUESDAY, MARCH 1, 2011
DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code, Section 903(e)(1)g
Del.C. §903(e)(1)g)
DE Admin. Code 3536
REGISTER NOTICE #2011-02
3536 Fish Pot Requirements
1. TYPE OF ACTION:
Amend Tidal Finfish Regulation 3536 Fish Pot Requirements to include new subsection 5.0.
2. PURPOSE OF ACTION:
Complaints and conflicts have surfaced between recreational hook and line fishermen, charter and head boat operators, and commercial fish pot fishermen on some of the artificial reef sites developed in the Delaware Bay as part of Delaware’s Artificial Reef Program. The abundance of fish pots, their marking lines and floats have in some instances prevented or interfered with normal hook and line angling opportunities. The Department has legislative authority to regulate the type of fishing gear that can be used on artificial reef sites within Delaware waters. This proposed regulation is intended to eliminate existing conflicts between hook and line gear and other fishing gear types currently being deployed on artificial reef sites. It is also intended to address concerns of the funding agency (US Fish and Wildlife Service) that some fishing gear presently being fished on Delaware artificial reef sites is incompatible with the intent of the funding agency in providing support to the Division of Fish and Wildlife for the
State’s reef program.
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5.0 It shall be unlawful to take or attempt to take any finfish within the geographic boundaries of any permitted artificial reef site under Delaware jurisdiction by any method other than hook and line or spear. The coordinates of Delaware permitted reef sites are defined in U.S. Army Corps of Engineers permit CENAP-OP-R-200500059-1 and any updated permits subsequently issued and are depicted on NOAA charts 12304 and 12214. An Artificial Reef Guide is also available to the public upon request
and on-line.
http://regulations.delaware.gov/docu...March2011c.pdfSnip= irrelevant material excluded.
