DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Statutory Authority: 7 Delaware Code, Section 6010, (7 Del.C. 6010)
REGISTER NOTICE
SAN# 2001-18
Repeal of Shellfish Regulation Nos. S-7(b), S-9, S-11, S-13 and S-37, Proposed Regulation Nos. S-63, S-67, S-69, S-71, S-73 and S-75
* Please Note: The Proposed Oyster regulations that were published in the August 2001 Register of Regulations were not complete. The new regulations, S-63, S-65, S-67, S-69, S-71, S-73 and S-75, were inadvertently not published. The entire proposal is republished below.
1. TITLE OF THE REGULATIONS:
OYSTER REGULATIONS
2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:
SB 185 established the direct sale of oysters harvested from the State’s natural oyster beds. New shellfish regulations are required to govern the seasons, locations for landing oysters, the type and amount of harvesting gear, the minimum size of oysters and an annual quota of oysters allowed to be harvested.
3. POSSIBLE TERMS OF THE AGENCY ACTION:
These proposed regulations will remain in effect indefinitely.
4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:
7 Del. C. §2106
5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:
Repeal Shellfish Regulation Nos. S-7, S-9, S-11, S-13 and S-37 as no longer needed.
6. NOTICE OF PUBLIC COMMENT:
A public hearing on proposed shellfish regulations is scheduled for August 23, 2001 at 7:30 PM in the DNREC auditorium, 89 Kings Highway, Dover, DE 19901. The record will remain open for written comment until 4:30 PM on August 30, 2001. Individuals may present their opinions and evidence and/or request additional information by writing, calling or visiting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901, (302) 739-3441.
7. PREPARED BY:
Charles A. Lesser, (302)739-3441, May 7, 2001
S-7 NATURAL OYSTER BEDS - LOCATION
(a) “Natural oyster beds” shall mean those shellfish grounds located to the North of the “East Line” in Delaware Bay and River and shellfish grounds located upstream of the entrances of all tributaries entering the Delaware River and Delaware Bay under the jurisdiction of the State.
(b) The Department shall designate specific natural oyster beds that will be open for taking seed oysters on specific dates prior to April 1, in any given year.
S-9 OYSTERS - PUBLIC TONGING AREAS - LOCATION
(a)“Public tonging areas for oysters” shall mean those shellfish grounds located in th Delaware Bay approximately two (2) miles Northeast of the Murderkill River entrance to the Delaware Bay and more specifically described as plotted on the Delaware Bay Chart No. 12304 22nd edition, published by the National Oceanic and Atmospheric Administration, U.S. Department of Commerce, Washington D.C., November, 1975 with Loran-C overprinted as follows.
CORNER LOCATION LORAN READING
1. Northwest Corner 9930-Y-52260.91
9930-Z-70042.54
2. Northeast Corner 9930-Y-52259.36
9930-Z-70043.20
3. Southwest Corner 9930-Y-52262.10
9930-Z-70043.80
4. Southeast Corner 9930-Y-52260.65
9930-Z-70043.95
S-11 OYSTERS - PUBLIC TONGING AREAS - SEASON
(a) It shall be unlawful for any person to harvest oysters from the public tonging area located in the Delaware Bay two (2) miles Northeast of the Murderkill River entrance to the Delaware Bay at any time other than September 1 through April 30 next ensuing for each year.
Note: It is unlawful for any person to harvest oysters from any public tonging areas unless said person has a valid public oyster tongers license.
S-13 OYSTERS - DAILY TAKE LIMITS - PUBLIC TONGING AREA
It shall be unlawful for any person to take more than fifteen (15) bushels of oysters in any one (1) day from the oyster public tonging grounds.
S-37 OYSTER VESSEL LICENSING FOR TRANSPLANTING OYSTERS FROM NATURAL OYSTER BEDS
(a) The owner of a vessel which was previously licensed in Delaware to harvest and/or transplant oysters from natural oysters beds or from leased shellfish ground in Delaware Bay may directly apply to the Department for a license for said vessel to harvest and/or transplant oysters from the natural oyster beds or from leased shellfish grounds within the jurisdiction of the State.
(b) The owner of a vessel which was not previously licensed to harvest oysters in Delaware and is to be used for transplanting oysters from natural oyster beds in Delaware Bay to leased shellfish grounds in Delaware Bay, must submit an application for said vessel license to the Department that will first be reviewed by the Council on Shellfisheries for their determination as to whether or not:
(1) The legal and equitable owner is a Delaware resident or a corporation whose principal place of business is located within Delaware prior to January 1, 1990 or a Delaware corporation incorporated after January 1, 1990 with its principle place of business in Delaware and whose legal and equitable owners are Delaware residents; and,
(2) the profits for the operation of said vessel will help to preserve and improve the Delaware shellfish industry; and,
(3) the vessel to be licensed will remain exclusively in Delaware’s shellfish industries for a period of at least sixty (60) months.
Based upon these criteria, the Council on Shellfisheries shall then recommend approval or disapproval for issuing an oyster harvesting license for said vessel within ten (10) calendar days of receipt of the application provided that there is no regularly scheduled council meeting between the date of the application and the beginning of the oyster transfer season. The Department, upon receiving a recommendation from the Council on Shellfisheries, shall decide whether or not to issue an oyster harvesting license for the vessel for the forthcoming oyster transfer season.
(c) The owner of a vessel which was not previously licensed to harvest and/or transplant oysters in Delaware and said vessel is only to be used to harvest oysters from leased shellfish grounds may directly apply to the Department and receive a vessel license to harvest oysters from leased shellfish grounds within the jurisdiction of this State.
S-63, OYSTER HARVESTNG SEASONS
(a) It shall be unlawful for any person to harvest or to attempt to harvest oysters from the State’s natural oyster beds in the year 2001 except during the period beginning at sunrise on November 1, 2001 and ending at sunset on December 31, 2001.
(b) It shall be unlawful for any person to harvest or to attempt to harvest oysters from the State’s natural oyster beds, in any calendar year other than the year 2001, except during the period beginning at sunrise on April 1 or the Monday thereafter if April 1 is a Sunday, and ending at sunset on December 31 or the preceding Saturday if December 31 is a Sunday.
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, Port Mahon, Bowers Beach or the Cedar Creek State Boat Access facility.
(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 that 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
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 that 2.75 inches between the two most distant points on the edges of said oyster’s shell.
S-71, OYSTER HARVESTING CONTROL DATES
(a) The Department shall consider a person eligible to participate in the next annual 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 obtained a valid oyster harvesting license.
2. He/she has indicated in writing to the Department no later than 10 days prior to the opening date of the annual oyster harvesting season that he/she will participate in said annual harvest of oysters.
3. He/she pays the annual oyster harvest fee of $1.25 per bushel for his/her individual allotment of oysters on or before the opening date of said annual harvest of oysters.
(b) In the event a person who indicates in writing to the Department that he/she will participate in the next annual harvest of oysters from the State’s natural oyster beds and then fails to pay their oyster harvest fee on or before the opening date of said annual harvest of oysters, said person 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 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 on board the vessel listed on said person’s oyster harvesting license unless the other person is on board said vessel.
S-75, OYSTER HARVEST QUOTA
The oyster harvest quota for 2001 is 24, 795 bushels.