This chapter shall be known and may be cited as the "Delaware Aquaculture Act."
67 Del. Laws, c. 439, § 1.;
§ 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 to be an agricultural activity and that the Department of Agriculture shall coordinate aquacultural activities
in the State.
67 Del. Laws, c. 439, § 1.;
§ 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 Department of Agriculture of an aquaculture
facility by a person, partnership or corporation.
(4) "Aquaculturist" means an individual, partnership or corporation involved in the production of cultured aquatic stock or
parts thereof.
(5) "Aquatic organism" means an animal or plant of any species or hybrid thereof, and includes gametes, seeds, egg, sperm,
larvae, juvenile and adult stages, any one of which is required to be in water during that stage of its life.
(6) "Broodstock" means sexually mature aquatic organisms, either domesticated or wild, used to propagate cultured aquatic
stock.
(7) "Closed system" means an aquaculture facility with water discharge(s) that does not connect in any way to the waters of
the State prior to the discharged water being screened, filtered or percolated to prevent cultured aquatic stock from escaping.
(8) "Cultured aquatic stock" means aquatic organisms, lawfully acquired by an aquaculturist that are held and grown in a registered
aquaculture facility.
(9) "Department" means the Department of Agriculture.
(10) "Domesticated" means an animal or plant trained, adapted and/or bred to live in a human controlled environment.
(11) "Fee fishing" means removing cultured aquatic stock from a registered aquaculture facility in a sportsman-like manner
for a payment of a fee.
(12) "Fee fishing operation" means a registered aquaculture facility where a person may fish for cultured aquatic stock.
(13) "Native species" means any species or hybrid thereof of any plant or animal which naturally occurs in the waters of the
State.
(14) "Naturalized species" means any species or hybrid thereof of any plant or animal which has been introduced to the waters
of this State and has become established by reproducing in the waters of this State.
(15) "Non-native species" means any species or hybrid thereof of any plant or animal which does not occur naturally in the
waters of the State.
(16) "Open system" means an aquaculture facility with a water discharge(s) that connects to the waters of this State without
being screened, filtered or percolated prior to discharge to prevent cultured aquatic stock from escaping.
(17) "Registered aquaculture facility" means an aquaculture facility which has a valid aquaculture registration issued by
the Department of Agriculture.
(18) "Secretary" means the Secretary of the Department or his or her designee.
(19) "Waters of the State" means all the tidal waters under the jurisdiction of the State where the lunar tide regularly ebbs
and flows and all nontidal waters under the jurisdiction of this State except for nontidal waters contained in aquacultural
facilities registered with the Department of Agriculture.
(20) "Wild" means an animal or plant that is not trained, adapted and/or bred to live in a human controlled environment.
67 Del. Laws, c. 439, § 1; 69 Del. Laws, c. 103, §§ 2, 3.;
§ 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 of this title. The Department's program
shall include, but not be limited to, the following:
(1) Maintain a complete list of aquaculturalists engaged in the production of any aquacultural product for the purposes of
certifying those aquaculturists as bona fide Delaware aquaculture producers;
(2) Encourage the viability and profitability of aquaculture operations and to promote consumption of Delaware grown aquaculture
products within and outside the State.
67 Del. Laws, c. 439, § 1; 69 Del. Laws, c. 103, § 4.;
§ 405. Delaware Aquaculture Council.
(a) A Delaware Aquaculture Council is hereby created for the purposes of assisting the Department with the enhancement and
promotion of aquaculture activities and operations within the State. Duties of the Council shall include, but not be limited
to, the following:
(1) Examine the impact of laws and regulations on the aquaculture industry and recommend to the Secretary methods to simplify
regulatory processes or otherwise enhance the regulatory climate with respect to the efficient siting and operation of aquaculture
operations;
(2) Examine research and educational needs as they relate to the improvement of management and operations of aquaculture operations
and report to the Secretary on what actions are required to address these needs;
(3) Respond to requests of the Secretary to examine other issues relating to the enhancement of aquaculture activities and
operations in Delaware.
(b) The Council shall be composed of not less than 12 members. Members of the Council shall include:
(1) The Secretary of the Department of Natural Resources and Environmental Control or his designee;
(2) The Director of the Delaware Economic Development Office or the Director's designee;
(3) A representative of the University of Delaware to be appointed by the President of the University;
(4) A representative of Delaware State University to be appointed by the President of the University;
(5) A representative of the Farm Bureau Aquaculture Committee to be appointed by the President of the Delaware Farm Bureau;
(6) Three individuals that are actively involved in commercial aquaculture activities or operations to be appointed by the
Chairman of the Council;
(7) Three individuals with an interest in aquaculture activities to be appointed by the Chairman of the Council.
(c) The Secretary shall also be a member of the Council and shall serve as chair. Each Council member shall be reimbursed
for all proper and necessary expenses but shall receive no compensation for time spent in attending the work of the Council.
67 Del. Laws, c. 439, § 1; 69 Del. Laws, c. 67, § 2; 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 186, § 1.;
§ 406. 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.;
§ 407. 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 aquaculture
in this State.
(b) Any authorized employee of the Department, after determining there is probable cause that there has been a violation of
this chapter or any regulation promulgated by the Department, may do the following without obtaining a warrant beforehand:
(1) Search, examine and/or inspect any vehicle or conveyance in which cultured aquatic stock may be present for the purpose
of determining compliance with Chapter 4 of this title or any regulation promulgated by the Department;
(2) Detain any person and/or person's vehicle for a reasonable length of time to conduct any search, examination and/or inspection
thereof for the purpose of determining compliance with Chapter 4 of this title; and
(3) Inspect, search and/or examine any registered aquaculture facility in the presence of any occupant of said facility to
determine compliance with Chapter 4 of this title or any regulation promulgated by the Department.
69 Del. Laws, c. 103, § 5.;
§ 408. 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 of Agriculture to register his or her fee fishing
operation. The fee fishing operation shall meet with the following requirements, subject to inspection and approval by the
Department of Natural Resources and Environmental Control, prior to the Department of Agriculture approving the registration:
(1) The fee fishing operation shall be a closed system; and
(2) The fee fishing operation shall not contain any wild finfish.
(c) When authorized by the owner of a fee fishing operation, it shall be lawful for a person to take and/or possess those
species or hybrids thereof permitted according to § 903(j) of Title 7, without regard to any seasonal restrictions, size limits
or creel limits.
(d) Any person in possession of cultured aquatic stock lawfully taken from a fee fishing operation shall be issued a receipt
for same by the owner or owner's agent of that fee fishing operation. This receipt shall include the name and address of the
fee fishing operation, the date the cultured aquatic stock were taken, the identification and number of each species of cultured
aquatic stock taken, and the signature of the person to whom the receipt is issued. This receipt shall remain in the possession
of the person who took the cultured aquatic stock from the fee fishing operation until that person enters his or her personal
abode or temporary or transient place of lodging. The owner or owner's agent of the fee fishing operation shall maintain a
copy of each receipt for a period of at least 1 year from the date of issuance.
(e) Unless otherwise authorized, it shall be unlawful for any person to possess any cultured aquatic stock that remain alive
after legally taking same from a fee fishing operation.
69 Del. Laws, c. 103, § 5.;
§ 409. 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 registry
of aquaculture facilities to assist in the administration of the State aquaculture program. Aquaculture facility registration
shall be valid for 5 years from the date of issue. The owner of an aquaculture facility shall renew the registration of the
facility in the event of any change in ownership or a significant change in operations.
69 Del. Laws, c. 103, § 5.;
§ 410. 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 of Agriculture. A hearing shall be held within
30 days after the request. Within 30 days after the hearing, the Department of Agriculture shall affirm, withdraw or modify
its action by an order based upon the record of the hearing. An appeal from that order may be taken to the Superior Court
within 30 days of the suspension or revocation order. If no request for a hearing is made within 30 days of the suspension
or revocation order, the suspension or revocation will be effective and the registration is suspended or revoked. All fines
and penalties for violations of this subsection shall be paid to the Department of Agriculture and deposited in the general
fund account.
69 Del. Laws, c. 103, § 5.;
§ 411. 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.
This chapter shall be known and may be cited as the "Delaware Aquaculture Act."
67 Del. Laws, c. 439, § 1.;
§ 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 to be an agricultural activity and that the Department of Agriculture shall coordinate aquacultural activities
in the State.
67 Del. Laws, c. 439, § 1.;
§ 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 Department of Agriculture of an aquaculture
facility by a person, partnership or corporation.
(4) "Aquaculturist" means an individual, partnership or corporation involved in the production of cultured aquatic stock or
parts thereof.
(5) "Aquatic organism" means an animal or plant of any species or hybrid thereof, and includes gametes, seeds, egg, sperm,
larvae, juvenile and adult stages, any one of which is required to be in water during that stage of its life.
(6) "Broodstock" means sexually mature aquatic organisms, either domesticated or wild, used to propagate cultured aquatic
stock.
(7) "Closed system" means an aquaculture facility with water discharge(s) that does not connect in any way to the waters of
the State prior to the discharged water being screened, filtered or percolated to prevent cultured aquatic stock from escaping.
(8) "Cultured aquatic stock" means aquatic organisms, lawfully acquired by an aquaculturist that are held and grown in a registered
aquaculture facility.
(9) "Department" means the Department of Agriculture.
(10) "Domesticated" means an animal or plant trained, adapted and/or bred to live in a human controlled environment.
(11) "Fee fishing" means removing cultured aquatic stock from a registered aquaculture facility in a sportsman-like manner
for a payment of a fee.
(12) "Fee fishing operation" means a registered aquaculture facility where a person may fish for cultured aquatic stock.
(13) "Native species" means any species or hybrid thereof of any plant or animal which naturally occurs in the waters of the
State.
(14) "Naturalized species" means any species or hybrid thereof of any plant or animal which has been introduced to the waters
of this State and has become established by reproducing in the waters of this State.
(15) "Non-native species" means any species or hybrid thereof of any plant or animal which does not occur naturally in the
waters of the State.
(16) "Open system" means an aquaculture facility with a water discharge(s) that connects to the waters of this State without
being screened, filtered or percolated prior to discharge to prevent cultured aquatic stock from escaping.
(17) "Registered aquaculture facility" means an aquaculture facility which has a valid aquaculture registration issued by
the Department of Agriculture.
(18) "Secretary" means the Secretary of the Department or his or her designee.
(19) "Waters of the State" means all the tidal waters under the jurisdiction of the State where the lunar tide regularly ebbs
and flows and all nontidal waters under the jurisdiction of this State except for nontidal waters contained in aquacultural
facilities registered with the Department of Agriculture.
(20) "Wild" means an animal or plant that is not trained, adapted and/or bred to live in a human controlled environment.
67 Del. Laws, c. 439, § 1; 69 Del. Laws, c. 103, §§ 2, 3.;
§ 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 of this title. The Department's program
shall include, but not be limited to, the following:
(1) Maintain a complete list of aquaculturalists engaged in the production of any aquacultural product for the purposes of
certifying those aquaculturists as bona fide Delaware aquaculture producers;
(2) Encourage the viability and profitability of aquaculture operations and to promote consumption of Delaware grown aquaculture
products within and outside the State.
67 Del. Laws, c. 439, § 1; 69 Del. Laws, c. 103, § 4.;
§ 405. Delaware Aquaculture Council.
(a) A Delaware Aquaculture Council is hereby created for the purposes of assisting the Department with the enhancement and
promotion of aquaculture activities and operations within the State. Duties of the Council shall include, but not be limited
to, the following:
(1) Examine the impact of laws and regulations on the aquaculture industry and recommend to the Secretary methods to simplify
regulatory processes or otherwise enhance the regulatory climate with respect to the efficient siting and operation of aquaculture
operations;
(2) Examine research and educational needs as they relate to the improvement of management and operations of aquaculture operations
and report to the Secretary on what actions are required to address these needs;
(3) Respond to requests of the Secretary to examine other issues relating to the enhancement of aquaculture activities and
operations in Delaware.
(b) The Council shall be composed of not less than 12 members. Members of the Council shall include:
(1) The Secretary of the Department of Natural Resources and Environmental Control or his designee;
(2) The Director of the Delaware Economic Development Office or the Director's designee;
(3) A representative of the University of Delaware to be appointed by the President of the University;
(4) A representative of Delaware State University to be appointed by the President of the University;
(5) A representative of the Farm Bureau Aquaculture Committee to be appointed by the President of the Delaware Farm Bureau;
(6) Three individuals that are actively involved in commercial aquaculture activities or operations to be appointed by the
Chairman of the Council;
(7) Three individuals with an interest in aquaculture activities to be appointed by the Chairman of the Council.
(c) The Secretary shall also be a member of the Council and shall serve as chair. Each Council member shall be reimbursed
for all proper and necessary expenses but shall receive no compensation for time spent in attending the work of the Council.
67 Del. Laws, c. 439, § 1; 69 Del. Laws, c. 67, § 2; 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 186, § 1.;
§ 406. 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.;
§ 407. 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 aquaculture
in this State.
(b) Any authorized employee of the Department, after determining there is probable cause that there has been a violation of
this chapter or any regulation promulgated by the Department, may do the following without obtaining a warrant beforehand:
(1) Search, examine and/or inspect any vehicle or conveyance in which cultured aquatic stock may be present for the purpose
of determining compliance with Chapter 4 of this title or any regulation promulgated by the Department;
(2) Detain any person and/or person's vehicle for a reasonable length of time to conduct any search, examination and/or inspection
thereof for the purpose of determining compliance with Chapter 4 of this title; and
(3) Inspect, search and/or examine any registered aquaculture facility in the presence of any occupant of said facility to
determine compliance with Chapter 4 of this title or any regulation promulgated by the Department.
69 Del. Laws, c. 103, § 5.;
§ 408. 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 of Agriculture to register his or her fee fishing
operation. The fee fishing operation shall meet with the following requirements, subject to inspection and approval by the
Department of Natural Resources and Environmental Control, prior to the Department of Agriculture approving the registration:
(1) The fee fishing operation shall be a closed system; and
(2) The fee fishing operation shall not contain any wild finfish.
(c) When authorized by the owner of a fee fishing operation, it shall be lawful for a person to take and/or possess those
species or hybrids thereof permitted according to § 903(j) of Title 7, without regard to any seasonal restrictions, size limits
or creel limits.
(d) Any person in possession of cultured aquatic stock lawfully taken from a fee fishing operation shall be issued a receipt
for same by the owner or owner's agent of that fee fishing operation. This receipt shall include the name and address of the
fee fishing operation, the date the cultured aquatic stock were taken, the identification and number of each species of cultured
aquatic stock taken, and the signature of the person to whom the receipt is issued. This receipt shall remain in the possession
of the person who took the cultured aquatic stock from the fee fishing operation until that person enters his or her personal
abode or temporary or transient place of lodging. The owner or owner's agent of the fee fishing operation shall maintain a
copy of each receipt for a period of at least 1 year from the date of issuance.
(e) Unless otherwise authorized, it shall be unlawful for any person to possess any cultured aquatic stock that remain alive
after legally taking same from a fee fishing operation.
69 Del. Laws, c. 103, § 5.;
§ 409. 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 registry
of aquaculture facilities to assist in the administration of the State aquaculture program. Aquaculture facility registration
shall be valid for 5 years from the date of issue. The owner of an aquaculture facility shall renew the registration of the
facility in the event of any change in ownership or a significant change in operations.
69 Del. Laws, c. 103, § 5.;
§ 410. 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 of Agriculture. A hearing shall be held within
30 days after the request. Within 30 days after the hearing, the Department of Agriculture shall affirm, withdraw or modify
its action by an order based upon the record of the hearing. An appeal from that order may be taken to the Superior Court
within 30 days of the suspension or revocation order. If no request for a hearing is made within 30 days of the suspension
or revocation order, the suspension or revocation will be effective and the registration is suspended or revoked. All fines
and penalties for violations of this subsection shall be paid to the Department of Agriculture and deposited in the general
fund account.
69 Del. Laws, c. 103, § 5.;
§ 411. 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.
This chapter shall be known and may be cited as the "Delaware Aquaculture Act."
67 Del. Laws, c. 439, § 1.;
§ 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 to be an agricultural activity and that the Department of Agriculture shall coordinate aquacultural activities
in the State.
67 Del. Laws, c. 439, § 1.;
§ 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 Department of Agriculture of an aquaculture
facility by a person, partnership or corporation.
(4) "Aquaculturist" means an individual, partnership or corporation involved in the production of cultured aquatic stock or
parts thereof.
(5) "Aquatic organism" means an animal or plant of any species or hybrid thereof, and includes gametes, seeds, egg, sperm,
larvae, juvenile and adult stages, any one of which is required to be in water during that stage of its life.
(6) "Broodstock" means sexually mature aquatic organisms, either domesticated or wild, used to propagate cultured aquatic
stock.
(7) "Closed system" means an aquaculture facility with water discharge(s) that does not connect in any way to the waters of
the State prior to the discharged water being screened, filtered or percolated to prevent cultured aquatic stock from escaping.
(8) "Cultured aquatic stock" means aquatic organisms, lawfully acquired by an aquaculturist that are held and grown in a registered
aquaculture facility.
(9) "Department" means the Department of Agriculture.
(10) "Domesticated" means an animal or plant trained, adapted and/or bred to live in a human controlled environment.
(11) "Fee fishing" means removing cultured aquatic stock from a registered aquaculture facility in a sportsman-like manner
for a payment of a fee.
(12) "Fee fishing operation" means a registered aquaculture facility where a person may fish for cultured aquatic stock.
(13) "Native species" means any species or hybrid thereof of any plant or animal which naturally occurs in the waters of the
State.
(14) "Naturalized species" means any species or hybrid thereof of any plant or animal which has been introduced to the waters
of this State and has become established by reproducing in the waters of this State.
(15) "Non-native species" means any species or hybrid thereof of any plant or animal which does not occur naturally in the
waters of the State.
(16) "Open system" means an aquaculture facility with a water discharge(s) that connects to the waters of this State without
being screened, filtered or percolated prior to discharge to prevent cultured aquatic stock from escaping.
(17) "Registered aquaculture facility" means an aquaculture facility which has a valid aquaculture registration issued by
the Department of Agriculture.
(18) "Secretary" means the Secretary of the Department or his or her designee.
(19) "Waters of the State" means all the tidal waters under the jurisdiction of the State where the lunar tide regularly ebbs
and flows and all nontidal waters under the jurisdiction of this State except for nontidal waters contained in aquacultural
facilities registered with the Department of Agriculture.
(20) "Wild" means an animal or plant that is not trained, adapted and/or bred to live in a human controlled environment.
67 Del. Laws, c. 439, § 1; 69 Del. Laws, c. 103, §§ 2, 3.;
§ 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 of this title. The Department's program
shall include, but not be limited to, the following:
(1) Maintain a complete list of aquaculturalists engaged in the production of any aquacultural product for the purposes of
certifying those aquaculturists as bona fide Delaware aquaculture producers;
(2) Encourage the viability and profitability of aquaculture operations and to promote consumption of Delaware grown aquaculture
products within and outside the State.
67 Del. Laws, c. 439, § 1; 69 Del. Laws, c. 103, § 4.;
§ 405. Delaware Aquaculture Council.
(a) A Delaware Aquaculture Council is hereby created for the purposes of assisting the Department with the enhancement and
promotion of aquaculture activities and operations within the State. Duties of the Council shall include, but not be limited
to, the following:
(1) Examine the impact of laws and regulations on the aquaculture industry and recommend to the Secretary methods to simplify
regulatory processes or otherwise enhance the regulatory climate with respect to the efficient siting and operation of aquaculture
operations;
(2) Examine research and educational needs as they relate to the improvement of management and operations of aquaculture operations
and report to the Secretary on what actions are required to address these needs;
(3) Respond to requests of the Secretary to examine other issues relating to the enhancement of aquaculture activities and
operations in Delaware.
(b) The Council shall be composed of not less than 12 members. Members of the Council shall include:
(1) The Secretary of the Department of Natural Resources and Environmental Control or his designee;
(2) The Director of the Delaware Economic Development Office or the Director's designee;
(3) A representative of the University of Delaware to be appointed by the President of the University;
(4) A representative of Delaware State University to be appointed by the President of the University;
(5) A representative of the Farm Bureau Aquaculture Committee to be appointed by the President of the Delaware Farm Bureau;
(6) Three individuals that are actively involved in commercial aquaculture activities or operations to be appointed by the
Chairman of the Council;
(7) Three individuals with an interest in aquaculture activities to be appointed by the Chairman of the Council.
(c) The Secretary shall also be a member of the Council and shall serve as chair. Each Council member shall be reimbursed
for all proper and necessary expenses but shall receive no compensation for time spent in attending the work of the Council.
67 Del. Laws, c. 439, § 1; 69 Del. Laws, c. 67, § 2; 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 186, § 1.;
§ 406. 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.;
§ 407. 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 aquaculture
in this State.
(b) Any authorized employee of the Department, after determining there is probable cause that there has been a violation of
this chapter or any regulation promulgated by the Department, may do the following without obtaining a warrant beforehand:
(1) Search, examine and/or inspect any vehicle or conveyance in which cultured aquatic stock may be present for the purpose
of determining compliance with Chapter 4 of this title or any regulation promulgated by the Department;
(2) Detain any person and/or person's vehicle for a reasonable length of time to conduct any search, examination and/or inspection
thereof for the purpose of determining compliance with Chapter 4 of this title; and
(3) Inspect, search and/or examine any registered aquaculture facility in the presence of any occupant of said facility to
determine compliance with Chapter 4 of this title or any regulation promulgated by the Department.
69 Del. Laws, c. 103, § 5.;
§ 408. 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 of Agriculture to register his or her fee fishing
operation. The fee fishing operation shall meet with the following requirements, subject to inspection and approval by the
Department of Natural Resources and Environmental Control, prior to the Department of Agriculture approving the registration:
(1) The fee fishing operation shall be a closed system; and
(2) The fee fishing operation shall not contain any wild finfish.
(c) When authorized by the owner of a fee fishing operation, it shall be lawful for a person to take and/or possess those
species or hybrids thereof permitted according to § 903(j) of Title 7, without regard to any seasonal restrictions, size limits
or creel limits.
(d) Any person in possession of cultured aquatic stock lawfully taken from a fee fishing operation shall be issued a receipt
for same by the owner or owner's agent of that fee fishing operation. This receipt shall include the name and address of the
fee fishing operation, the date the cultured aquatic stock were taken, the identification and number of each species of cultured
aquatic stock taken, and the signature of the person to whom the receipt is issued. This receipt shall remain in the possession
of the person who took the cultured aquatic stock from the fee fishing operation until that person enters his or her personal
abode or temporary or transient place of lodging. The owner or owner's agent of the fee fishing operation shall maintain a
copy of each receipt for a period of at least 1 year from the date of issuance.
(e) Unless otherwise authorized, it shall be unlawful for any person to possess any cultured aquatic stock that remain alive
after legally taking same from a fee fishing operation.
69 Del. Laws, c. 103, § 5.;
§ 409. 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 registry
of aquaculture facilities to assist in the administration of the State aquaculture program. Aquaculture facility registration
shall be valid for 5 years from the date of issue. The owner of an aquaculture facility shall renew the registration of the
facility in the event of any change in ownership or a significant change in operations.
69 Del. Laws, c. 103, § 5.;
§ 410. 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 of Agriculture. A hearing shall be held within
30 days after the request. Within 30 days after the hearing, the Department of Agriculture shall affirm, withdraw or modify
its action by an order based upon the record of the hearing. An appeal from that order may be taken to the Superior Court
within 30 days of the suspension or revocation order. If no request for a hearing is made within 30 days of the suspension
or revocation order, the suspension or revocation will be effective and the registration is suspended or revoked. All fines
and penalties for violations of this subsection shall be paid to the Department of Agriculture and deposited in the general
fund account.
69 Del. Laws, c. 103, § 5.;
§ 411. 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.