§ 942 — Control of invasive finfish species, including for use as bait [For application of this section, see 84 Del. Laws, c. 528, § 4]

(a)Definitions. —

(1) “Invasive finfish species” means a non-native finfish species, including the eggs thereof or other biological material, capable of spread, reproduction or propagation, whose introduction or proliferation causes or is likely to cause, as determined by the Department, economic or environmental harm or harm to human health or safety.

(2) “Non-native finfish species” means finfish species that are not naturally occurring in Delaware but are capable of living and reproducing in the wild without continued human agency, including invasive finfish species. Non-native finfish species may include genetically modified native species.

(b) The Department is authorized to authorize, regulate, prohibit, prescribe, or restrict anywhere in the State the acquisition, importation, introduction, possession, transportation, disposition, or release into public or private tidal waters of any invasive finfish species, including for use as bait in tidal waters. The Department is further authorized to prescribe and regulate the methods used to take or eliminate invasive finfish species from tidal waters.

(c) All regulations promulgated under this section must be published in a public notice on the Department’s website.

Legislative History

78 Del. Laws, c. 319, § 1 ; 84 Del. Laws, c. 528, § 2