§ 2002. Duties of Department; powers; making and enforcing regulations. (a) The Department is authorized to adopt, promulgate, amend and repeal regulations consistent with Titles 7 and 29 which shall be enforced by the Department for the following purposes: (1) To issue and administer leases, licenses, and permits to engage in shellfish aquaculture and to […]
§ 2003. Filing of regulations. A copy of the regulations adopted pursuant to this chapter and any amendments thereto shall be filed in the office of the Registrar of Regulations. The regulations of the Department shall be published by the Department in convenient form and distributed to or made available to all persons who request […]
§ 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 […]
§ 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. […]
§ 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 […]
§ 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 This fee is nonrefundable even if the application is eventually rejected or withdrawn.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 […]
§ 2008. Term of leases. (a) Shellfish aquaculture leases shall be renewable annually for a term of 15 years from the date of issue. In the event that the original lessee does not pay their annual leased acreage fee by December 31 of each year, then these formerly leased grounds will become part of the […]
§ 2009. Harvester licenses. (a) For an annual fee of $25 the Department shall issue and administer shellfish aquaculture harvester licenses to any qualifying individual desiring to work on leased shellfish aquaculture sites who is not the lease holder of the shellfish aquaculture sites. The Department shall establish by regulation the qualifications for obtaining a […]
§ 2010. Reports; failure to submit. (a) Shellfish aquaculture lessees shall file reports on the number of shellfish planted on any leased areas in a manner and frequency as specified by Department regulation, but shall include as a minimum the number of bivalve shellfish planted and number subsequently harvested annually. (b) Any lease holder who […]
§ 2011. Unlawful removal of shellfish or tampering with shellfish aquaculture equipment; presumptions, illegal harvesting gear. (a) It shall be unlawful for any person to intentionally tamper with, damage, take, carry away or remove shellfish or shellfish equipment from shellfish grounds leased, pursuant to this chapter, to a person other than himself or herself. If […]
§ 2012. Penalties. (a) Any person convicted of violating any of the provisions of this chapter or regulations promulgated pursuant thereto shall have committed a class B misdemeanor subject to a fine of from $250 to $1,000 for the first offense and $1,000 for each offense thereafter. (b) Any person convicted of a second offense […]
§ 2013. Inspection and seizure. (a) Any employee, authorized by the Department, may board any boat, and inspect equipment, materials or shellfish, or leased subaqueous lands associated with or used in the taking or culture of shellfish for aquaculture purposes. (b) The Department may seize any shellfish or equipment as evidence which is believed to […]
§ 2014. Expiration of licenses and permits. All shellfish harvester licenses for a given year shall expire on December 31 each year. 79 Del. Laws, c. 178, § 3;
§ 2015. Reciprocity for nonresident leases and licenses. When by or pursuant to the laws of any other state, should any other state impose any tax, other fee or restrictions on nonresidents for the privilege of commercial shellfish aquaculture or leasing of shellfish aquaculture grounds within its boundaries, which tax or other fee is in […]
