DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Statutory Authority: 7 Delaware Code,Section 6010, (7 Del.C. §6010)
Order No. 2003-F0015
Summary Of Evidence And Information
Shellfish Regulation Nos. S-63, S-65, S-67, S-69, S-71, S-73 and S-75
Pursuant to due notice 6 DE Reg. 940 - 941 (2-1-03), The Department of Natural Resources and Environmental Control proposed amendments to oyster harvesting regulations to cover the harvest season, the harvestable amount of oysters and areas where oysters may be landed in 2003. It also proposed that it be illegal to possess a empty bag or cage with oyster tags attached. Partially filled cages must have the appropriate number of tags attached to reflect the number of bushels of oysters in the cage.
A public hearing was held on March 5, 2003 to take comments on Shellfish Regulations Nos. S-63 Oyster Harvesting Season, S-65 Oyster Landing Areas, S-73 Oyster Harvesting Licensee Requirements, S-75 Oyster Harvest Quota. Written comments were received at the hearing and after the hearing during the comment period.
Findings Of Fact
• One person who testified at the public hearing wanted Woodland Beach included as an approved landing site for oysters. This person indicated that it was problematic for him to land oysters in Leipsic. He also submitted written testimony requesting that the public access areas at Woodland Beach be designated as approved oyster landing areas.
• Two people that provided comments for the record at the hearing indicated concerns with the proposed language in S-37 (c) from the standpoint that partially filled cages were the norm at the end of the harvesting day and the current language would make them illegal. They indicated that it was impossible to always have a full cage at the end of the workday. They suggested that as long as the proper number of tags were on the cage to reflect the number of bushels of oysters in the cage it should not be a problem.
• One individual who provided comments for the record endorsed the addition of Lewes as an approved oyster landing area. This person indicated that it was difficult for him to find some place to off load oysters other than his home dock in Lewes.
Conclusions
I have reached the following conclusions:
• Woodland Beach and Lewes should be designated as approved oyster landing sites in Shellfish Regulation S-65.
• Language in the proposed regulation S-71 needs to be changed in order to permit partially filled cages of oysters to be legal if the appropriate number of tags are attached to the cage to reflect the number of bushels of oysters in the cage. It was clear from the testimony provide at the hearing that harvesters could not always insure that all cages were full at the end of the working day. Availability of oysters and market demands often makes it impossible to insure that full cages will always be part of the daily harvest.
• The quota for the 2003 oyster season should be 11,640 bushels based on the survey index generated by the Department during the October 2002 survey of the natural oyster beds.
• The oyster season should start at sunrise on May 12, 2003 and end at sunset on June 28, 2003 and began again at sunrise on September 1, 2003 and end at sunset on December 31, 2003.
Order
It is hereby ordered, this 12th day of March, in the year 2003, that amendments to Shellfish Regulation Nos. S-63, S-65, S-73, S-75, copies of which are attached hereto, are adopted pursuant to 7 Del.C. §1902, and 7 Del.C. §2106, and are supported by the Department's findings of fact from the evidence and testimony received. This order shall be effective April 10, 2003.
John A. Hughes, Secretary
Department of Natural Resources
and Environmental Control
Final Amendments To Shellfish Regulation Pertaining To Oysters
S-63 Oyster Harvesting Seasons
It shall be unlawful for any person to harvest or to attempt to harvest oysters from the State’s natural oyster beds except during the seasons beginning at sunrise on May [10 ], 2002 [12, 2003] and ending at sunset on June [29], 2002 [28, 2003] and beginning at sunrise on September [2], 2002 [1, 2003] and ending at sunset on December 31, 2002 [2003]. [(Subject to change after public hearing).]
S-65 Oyster Landing Areas
(a) It shall be unlawful for any person to land oysters taken for direct sale from the state’s natural oyster beds at any site other than in the town of Leipsic, Flemings Landing, Port Mahon, Bowers Beach, Lewes, [Woodland Beach] or the Cedar Creek areas.
(b) ‘To Land’ shall mean to bring to shore.
S-67 Oyster Harvesting Gear
(a) It shall be unlawful for any person to harvest oysters or attempt to harvest oysters from the State’s natural oyster beds with any gear other than an oyster dredge that measures no more than 52 inches in length along the tooth bar.
(b) It shall be unlawful for any person to harvest oysters or attempt to harvest oysters from the State’s natural oyster beds with an oyster dredge with teeth measuring more than four (4) inches in length.
(c) It shall be unlawful for any person to harvest oysters or attempt to harvest oysters from the State’s natural oyster beds with more than two oyster dredges overboard at the same time.
(d) It shall be unlawful for any person to harvest oysters or attempt to harvest oysters from the State’s natural oyster beds with any dredge that is attached to another dredge.
S-69 Oyster Minimum Size Limit
(a) It shall be unlawful for any person to possess any oyster harvested for direct sale from the State’s natural oyster beds that measures less than 2.75 inches between the two most distant points on the edges of said oyster’s shell.
S-71 Oyster Harvesting Control Dates
(a) A person is authorized to participate in the seasonal harvest of oysters for direct sale from the State’s natural oyster beds provided said person complies with the following criteria:
1. He/she has a valid oyster harvesting license and meets the eligibility requirements in §2103, 7 Del. C.
2. He/she has indicated in writing to the Department no later than 4:30 PM on a date at least 30 days prior to the opening date of the oyster harvesting season that he/she will participate.
3. He/she pays the harvest fee of $1.25 per bushel for his/her individual allotment of oysters no later than 4:40 PM on a date at least 10 days prior to the opening date of the oyster harvesting season.
(b) In the event a person who indicates in writing to the Department that he/she will participate in the next seasonal harvest of oysters from the State’s natural oyster beds and then fails to pay his or her oyster harvest fee on time said person’s share of oysters shall be pooled and made available for subsequent allocations to individuals who have paid their oyster harvest fees on time. The quantity of the subsequent allocation of oysters shall be determined by dividing the pooled allotments by the number of paid participants. Interested participants may obtain no more than one subsequent allocation by paying the oyster harvest fee of $1.25 per bushel prior to harvesting same.
S-73 Oyster Harvesting Licensee Requirements
(a) It shall be unlawful for any person licensed to harvest oysters from the State’s natural oyster beds to possess another person’s oyster harvesting tags while on board the vessel listed on said person’s oyster harvesting license unless the other person is on board said vessel.
(b) It shall be unlawful for any person licensed to harvest oysters from the State’s natural oyster beds for direct sale to not attach an oyster harvesting tag in the locked position through the fabric of a bushel bag containing oysters.
(c) It shall be unlawful for any person to possess a bushel bag [or oyster cage] that is empty or partially filled with oysters so long as an oyster harvesting tag is attached to said bag [or oyster cage].
[(d) It shall be unlawful for any person to possess an oyster cage that is empty of oysters so long as an oyster harvesting tag is attached to said cage. A partially filled oyster cage must have the appropriate number of tags attached to reflect the number of bushels of oysters in the cage.]
S-75 Oyster Harvest Quota
The oyster harvest quota for the 2002 2003 season is 24,445 11,640 bushels.