§ 402. Declaration of purpose. The General Assembly finds and declares it to be in the interest of the general welfare and economic prosperity of the State to have a comprehensive and ongoing program to promote and encourage aquacultural activities. The General Assembly further declares aquaculture in a closed system to be an agricultural activity […]
§ 403. Definitions. As used in this chapter: (1) “Aquaculture” means the controlled propagation, growth, harvest and subsequent commerce in cultured aquatic stock by an aquaculturist. (2) “Aquaculture facility” means any water system and associated infrastructures capable of holding and/or producing cultured aquatic stock. (3) “Aquaculture registration” means the formal registration by application to the […]
§ 404. Aquaculture technical assistance and marketing program. The Department shall develop and implement a technical assistance and marketing program to assist owners and operators of aquacultural facilities and to promote Delaware aquaculture products. This program will be done in conjunction with, and shall be consistent with, the Department’s responsibilities as defined in Chapter 3 […]
§ 405. Limitations. Aquaculture activities shall not promote the introduction of any nonindigenous species that harbor disease, parasites or are capable of surviving and adversely competing with indigenous plant or animal species. 67 Del. Laws, c. 439, § 1; 79 Del. Laws, c. 178, § 1;
§ 406. Authority of the Department. (a) The Department, in accordance with the administrative procedures and provisions set forth in Chapter 101 of Title 29, shall have the authority to promulgate regulations, which shall have the force and effect of law, to enhance and control closed system aquaculture in this State. (b) Any authorized employee […]
§ 407. Fee fishing operations. (a) It shall be lawful for any person to fish, without being licensed to fish in this State, within an aquaculture facility designated as a fee fishing operation and registered as same with the Department of Agriculture. (b) The owner(s) of a fee fishing operation shall apply to the Department […]
§ 408. Aquaculture registration. The owner(s) of an aquaculture facility shall register same with the Department of Agriculture on forms and in accordance with procedures established by the Department of Agriculture. The Department of Agriculture shall promulgate regulations to establish criteria for the registration of an aquaculture facility. The Department of Agriculture shall maintain a […]
§ 409. Suspension or revocation of registration. The Department of Agriculture may, after due notice, suspend or revoke any aquaculture registration which does not comply with the requirements of this chapter or the regulations promulgated by the Department of Agriculture. A person affected by such suspension or revocation may request a hearing before the Department […]
§ 410. Aquaculture facility protection. It shall be unlawful for any person, without the written consent of the owner, to remove, destroy or release cultured aquatic stock from a registered aquaculture facility or introduce any toxic substance directly or indirectly into the waters of a registered aquaculture facility. 69 Del. Laws, c. 103, § 5; […]
§ 411. Aquaculture facility protection. Transferred to § 410 of this title by 79 Del. Laws, c. 178, § 1, effective August 28, 2013.
