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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2014

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(7 Del.C. §§2002, 2005(a), 2006(d & e))
7 Del.C. §§2002, 2005(a), 2006(d & e)
Stewart Michels Stewart.Michels@state.de.us (302) 739-9914
These regulations provide for a shellfish aquaculture industry in Delaware's Inland Bays that is compatible with commercial and recreational finfishing and shellfishing, boating navigation and public safety, public water access and use, and native biota. Specifically, the regulations provide a structured process and set conditions for leasing of subaqueous bottom within Delaware's Inland Bays for the culture of bivalve shellfish. The regulations include requirements for lease: application, locations, issuance, marking, renewal, transfer, expiration, termination, condemnation and emergency relocation. The regulations further propose measures related to: shellfish aquaculture gear and marking, shellfish nursery permitting and structures, harvester license qualifications, bivalve species authorized for aquaculture, activities within subaqueous lease areas, and shellfish aquaculture reporting requirements.
Aquaculture activities” means those activities which include the purchase, monitoring, planting, sale, possession, harvest, production, breeding, transportation, and processing of shellfish.
Culture” means to cultivate bivalve shellfish at any life stage.
Farm gate” means the dollar value paid for a cultivated product upon harvest.
Lessee” or “leaseholder” means that person, persons, or entity, lawfully granted a Shellfish Aquaculture Subaqueous Land Lease in Delaware’s Inland Bays.
Navigation corridor” means the 20-foot tract of subaqueous land that is established between two adjacent one (1) acre shellfish aquaculture leases.
Non-Shellfish Aquaculture Development Area” or “Non-SADA” means that area of Delaware’s Inland Bays outside of the boundaries of the SADA designated by the Department for the purpose of shellfish aquaculture.
Shellfish Aquaculture Development Area” or “SADA” means those areas of Delaware’s Inland Bays designated by the Department for the purpose of shellfish aquaculture. These distinct areas are named and their corner coordinates described for the Inland Bays as follows:
Shellfish aquaculture gear” means any cage, rack, tray, or other similar device for holding and protecting oysters or clams, including any bags, containers, nets, or floating container.
Shellfish Nursery Structures” means any structure or container, such as an upweller, downweller or raceway in Delaware’s Inland Bays used to culture 1,000 or more bivalve shellfish at one physical address, and not located in a lawful Shellfish Aquaculture Subaqueous Land Lease.
Submerged aquatic vegetation” or “SAV” means any rooted, vascular submerged plants.
(Penalty Section 7 Del.C. §2012)
(Penalty Section 7 Del.C. §2012)
13.1 It is unlawful to produce or culture bivalve shellfish species other than Crassostrea virginica, the eastern oyster, in Rehoboth Bay, Indian River and Indian River Bay and their respective tidal tributaries.
13.2 It is unlawful to produce or culture bivalve shellfish species other than Crassostrea virginica, the eastern oyster, and Mercenaria mercenaria, the hard clam, in Little Assawoman Bay and its tidal tributaries.
(Penalty Section 7 Del.C. §2012)
(Penalty Section 7 Del.C. §2010(b))
(Penalty Section 7 Del.C. §2012)
(Penalty Section 7 Del.C. §2012 and §2013(d))
Last Updated: December 31 1969 19:00:00.
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