Section 16-4015. AQUATIC ANIMAL PROTECTION AND FISHING INFRACTIONS

 

4015.1Violation of any of the following provisions shall be a Class 1 infraction:

 

(a) 19 DCMR § 1503.1(a) (introducing a species of fish or other aquatic organism not indigenous to the District of Columbia into the waters of the District of Columbia);

 

(b) 19 DCMR § 1560.1 (killing or taking wildlife not in accordance with the law or regulations); or

 

(c) 19 DCMR § 1560.2 (killing or taking depredating wildlife on private property by inhumane means).

 

4015.2[RESERVED]

 

4015.3Violation of any of the following provisions shall be a Class 3 infraction:

 

(a) 19 DCMR § 1503.1(e) (capturing, harassing, harming, or failing to return to the water immediately an organism listed as a threatened or endangered species); or

 

(b) 19 DCMR § 1503.1(f) (using explosives, chemicals, firearms, or electricity to take, kill, or injure a fish or other aquatic organisms).

 

4015.4Violation of any of the following provisions shall be a Class 4 infraction:

 

(a)19 DCMR § 1502.1 (taking a fish or other aquatic organism for sale or profit);

 

(b)19 DCMR § 1503.1(b) (possessing a fish under the minimum legal size);

 

(c)19 DCMR § 1503.1(c) (possessing more fish of a particular species than allowable);

 

(d)19 DCMR § 1503.1(d) (possessing a fish with a size or weight limitation where the head or tail has been removed);

 

(e)19 DCMR § 1503.1(g) or (i) (taking, catching, or possessing sturgeon, striped bass, American shad, hickory shad, chain pickerel, northern pike, or hybrid striped bass ); or

 

(f)19 DCMR § 1503.1(h) (taking fish illegally).

 

4015.5Violation of any of the following provisions shall be a Class 5 infraction:

 

(a)19 DCMR § 1501.1 (fishing without a valid D.C. Fishing License);

 

(b)19 DCMR § 1501.3 (failure to display license or allow inspection of license upon request);

 

(c)19 DCMR § 1501.4 (collecting fish or other aquatic organisms for scientific purposes without a permit);

 

(d)19 DCMR §§ 1502.2 to 1502.7 (fishing with unauthorized equipment or methods);

 

(e)19 DCMR § 1503.2 (fishing with nets of any kind); or

 

(f)19 DCMR § 1503.3 (digging for bait in Rock Creek Park).

 

4015.6Violation of any provision of section 4 of the Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code § 8-103.03) or the implementing rules in 19 DCMR Chapter 15, which is not cited elsewhere in this section, shall be a Class 5 infraction.

 

 

authority

The Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2012 Repl.)); the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)); the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101 et seq. (2013 Repl.)); the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq. (2013 Repl. & 2014 Supp.)); the Brownfields Revitalization Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631 et seq. (2013 Repl.)); the District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code §§ 8-113.01 et seq. (2013 Repl.)); the Childhood Lead Screening Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-265; D.C. Official Code § 7-871.03 (2012 Repl. & 2013 Supp.)); the Transfer of Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008, effective August 18, 2008 (D.C. Law 17-219; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II)) (2013 Repl.)); the Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code §§ 8-231.01 et seq. (2013 Repl.)); the Lead Hazard Prevention and Elimination Amendment Act of 2010, effective March 31, 2011 (D.C. Law 18-348; D.C. Official Code §§ 8-231.01 et seq. (2013 Repl.)); the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code §§ 8-1301 et seq. (2013 Repl.)); the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2013 Repl.)); Mayor’s Order 2006-61, Section 7 and 29, dated June 14, 2006; and Mayor’s Order 2009-113, dated June 18, 2009.

source

Final Rulemaking published at 61 DCR 8407 (August 15, 2014).