The DNREC Division of Fish and Wildlife will hold a public hearing (Docket #2022-R-F-0014) on proposed amendments to the Shellfish Aquaculture regulations (7 DE Admin. Code 3801). Public comment period closed.

This proposed revision of the Shellfish Aquaculture regulations (7 DE Admin. Code 3801) should improve operations for the shellfish aquaculture industry in Delaware’s Inland Bays while ensuring shellfish aquaculture remains compatible with commercial and recreational finfishing and shellfish, boating navigation and public safety, public water access and use, and native biota.

Proposed revisions include modification of shellfish aquaculture definitions, updates to the shellfish aquaculture subaqueous land lease application process, changes to shellfish nursery structures, shellfish aquaculture gear and lease boundary marking requirements, modification to importation for shellfish aquaculture, alteration of shellfish aquaculture species, addition to harvesting from a lease, adjustments to the conditions for maintaining active use of shellfish aquaculture subaqueous land lease sites, alterations to the reporting requirements for shellfish aquaculture subaqueous land leases and nurseries, amendment to lease transfer, and additional shellfish aquaculture prohibited activities.

The proposed amendments may be inspected online on the Delaware Register of Regulations or in-person, by appointment only, by contacting John Clark by phone at 302-739-9914 or by email at John.Clark@delaware.gov.

The Department will accept public comment through the close of business on Thursday, October 12, 2023. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address on this page.

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report
– Appendix A: Proposed Revised Reg. Amendments
– Appendix B: Technical Response Memorandum

Secretary’s Order No: 2024-F-0014 — Approving Final Amendments to 7 DE Admin. Code 3801 – Shellfish Aquaculture
Effective Date: May 11, 2024

DNREC Exhibits

Exhibit 1: Compilation of outreach conducted by DNREC with shellfish aquaculture lessees and other interested parties during the development of the proposed amendments to the Shellfish Aquaculture regulation.

Exhibit 2: Meeting minutes from the Council on Shell Fisheries January 7, 2020, January 14, 2021, January 20, 2022, July 12, 2022 and January 9, 2023 meetings, which summarize discussions between the Council and DNREC on development of the proposed amendments to the Shellfish Aquaculture regulation.

Exhibit 3: A copy of approved Start Action Notice #2022-02 pertaining to the proposed amendments.

Exhibit 4: A copy of the Regulatory Flexibility Analysis/Regulatory Impact Statement corresponding to the proposed action and as published in the September 1, 2023 Delaware Register of Regulations.

Exhibit 5: A copy of Register Notice SAN #2022-02 and the proposed amendment to 7 DE Admin. Code 3801 Shellfish Aquaculture as published in the September 1, 2023 Delaware Register of Regulations.

Exhibit 6: Notice of the public hearing as it appeared on Delaware’s Statewide Calendar and posted September 13, 2023.

Exhibit 7: Notice of the public hearing as it appears on DNREC’s Public Hearings website. (This page)

Exhibit 8: Proof of publication of the legal notice regarding the proposed amendments to 7 DE Admin. Code 3801 Shellfish Aquaculture in the September 7, 2023 Wilmington News Journal.

Exhibit 9: Proof of publication of the legal notice regarding the proposed amendments to 7 DE Admin. Code 3801 Shellfish Aquaculture in the September 7, 2023 Delaware State News.

Exhibit 10: Additional noticing regarding the hearing on the proposed amendment to 7 DE Admin. Code 3801 Shellfish Aquaculture sent by email on September 1 and on September 25, 2023 to all shellfish aquaculture lessees and other interested parties.

Exhibit 11: Notice of the public hearing as it appears on the DNREC Division of Fish and Wildlife Facebook page, posted on September 22, 2023.

Exhibit 12: A copy of the hearing presentation on proposed amendments to 7 DE Admin. Code 3801 Shellfish Aquaculture.

Public Comments