The Division of Watershed stewardship will hold a virtual public hearing (Docket #2021-R-WS-0003) on proposed amendments to the Shellfish Sanitation Regulations. Public comment period closed.

The proposed amendments are to Subsection 3.2.1 (Shellfish Growing Area Water Quality and Classification) of the Shellfish Sanitation Regulations (7 DE Admin. Code 7402).

The objective of the amendments is to adopt a bacteriological standard for the classification of shellfish growing areas approved by the National Shellfish Sanitation Program and US Food and Drug Administration for shellfish growing area classifications. This action will add the mTEC method as an approved method which can be used to classify shellfish growing areas, while maintaining the current approved methods.

The proposed amendments may be inspected online starting Sept. 1, 2021, in the Delaware Register of Regulations or in-person, by appointment only, by contacting Michael Bott, by phone at 302-739-9939 or by email at michael.bott@delaware.gov.

Those wishing to offer verbal comments during DNREC virtual public hearings must pre-register no later than noon on the date of the virtual hearing at de.gov/dnreccomments or by telephone at 302-739-9295.

The Department will accept public comment through the close of business on Wed., Oct. 20, 2021. 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 below.

Public Hearing Officer

Lisa A. Vest
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report and Order

Public Hearing Transcript

Hearing Officer’s Report

Secretary’s Order No: 2021-WS-0031 — Approving Final Regulation Amendments to 7 DE Admin. Code 7402, Shellfish Sanitation Regulations, Subsection 3.2.1: Shellfish Growing Area Water Quality and Classification (Effective Date: Jan. 11, 2022)

DNREC Exhibits

Exhibit 1: Start Action Notice 2021-01, Amend 7 DE Admin. Code 7402 Shellfish Sanitation Regulations, signed on May 12, 2021.

Exhibit 2: Notice of the Public Hearing scheduled for October 5, 2021, as posted on the Statewide Public Meeting Calendar on August 26, 2021.

Exhibit 3: Copy of legal notice regarding the proposed amendments to 7 DE Admin Code 7402 Regulations for Shellfish Sanitation as posted on DNREC’s public notices website starting August 29, 2021.

Exhibit 4: Affidavit of Publication, Delaware State News, dated August 29, 2021, for the legal notice advertising the October 5, 2021, Public Hearing on the proposed amendments to the Shellfish Sanitation Regulations.

Exhibit 5: Affidavit of Publication, The News Journal, dated August 29, 2021, for the legal notice advertising the October 5, 2021, Public Hearing on the proposed amendments to the Shellfish Sanitation Regulations.

Exhibit 6: Copy of the Register Notice, proposed strikethrough language, and Regulatory Flexibility Analysis and Impact Statement Form as it appeared in the Sept 1, 2021, Delaware Register of Regulations, Vol. 25, Issue 3, page 268.

Exhibit 7: The Department PowerPoint presentation for the October 5, 2021, public hearing on Shellfish Sanitation Regulations.