§ 2103. Eligibility to harvest oyster for direct sale.
§ 2103. Eligibility to harvest oyster for direct sale. (a) It shall be unlawful for a person to harvest oysters from the natural oyster beds for direct sale unless said person meets 1 of the following criteria: (1) Held at least 2 specific commercial shellfish licenses on September 30, 1999; (2) Held an oyster harvesting […]
§ 2104. Oyster harvesting methods.
§ 2104. Oyster harvesting methods. (a) It shall be unlawful for a person to use any hydraulic dredge or mechanical device employing a vacuum or suction for the harvesting of oysters from any natural oyster bed without the prior written permission of the Department. (b) It shall be unlawful for a person to harvest oysters […]
§ 2004. Unlawful taking of shellfish on areas leased for aquaculture purposes.
§ 2004. Unlawful taking of shellfish on areas leased for aquaculture purposes. (a) It shall be unlawful for anyone to take any bivalve shellfish from any shellfish aquaculture grounds leased to another unless specifically authorized in writing by the holder of said lease. (b) It shall be unlawful to harvest or remove bivalve shellfish from […]
§ 2105. Oyster harvest fees and tags.
§ 2105. Oyster harvest fees and tags. Except where otherwise noted, nothing in this section shall apply to oyster aquaculture products harvested from leased sites on Delaware’s Inland Bays: (1) An annual oyster harvest fee of $1.25 per bushel of oysters harvested from the State’s natural oyster beds shall be prepaid to the Department by […]
§ 2005. Leases.
§ 2005. Leases. (a) Authorized lease of shellfish grounds. — The Department is hereby authorized to lease, in the name of the State, tracts or parcels of shellfish grounds in Delaware’s Inland Bays to be used for shellfish aquaculture beneath the waters of this State, subject to the provisions, limitations and restrictions set forth herein. […]
§ 2106. Authority.
§ 2106. Authority. (a) The Department is authorized to adopt shellfish regulations to establish the dates for annual open seasons to harvest oysters from the State’s natural oyster beds. (b) The Department is authorized to adopt shellfish regulations to establish the areas where oysters that are harvested from the State’s natural oyster beds for direct […]
§ 2006. Size and advertising of shellfish grounds; application for lease.
§ 2006. Size and advertising of shellfish grounds; application for lease. (a) No shellfish grounds shall be leased to any person or persons, partnerships or corporations in tracts consisting of less than 1 acre or more than 5 acres in Rehoboth and Indian River Bays combined. All leases shall be granted in minimum increments of […]
§ 2107. Oyster Recovery Fund.
§ 2107. Oyster Recovery Fund. (a) There is hereby established an Oyster Recovery Fund which shall be funded from the following sources: (1) Fee received by the Department for oyster harvesting licenses; (2) Revenue received by the Department for oyster harvest fees; and (3) Fees received for leasing shellfish grounds in Delaware Bay. (b) Oyster […]
§ 2007. Fees for lease.
§ 2007. Fees for lease. (a) The Department shall charge a 1-time fee of $300 for each shellfish aquaculture lease application received or each request for the transfer of an existing shellfish aquaculture lease. This fee is nonrefundable even if the application is eventually rejected or withdrawn. (b) The Department shall charge a Delaware resident […]
§ 2108. Importation of oysters prohibited.
§ 2108. Importation of oysters prohibited. It shall be unlawful for a person to bring oysters from outside the State to be placed in the waters of the State without the prior written permission of the Department. 73 Del. Laws, c. 132, § 1; 70 Del. Laws, c. 186, § 1;