The Department of Natural Resources and Environmental Control (DNREC), Division of Fish and Wildlife will conduct a public hearing on Tuesday, March 25, 2025, beginning at 6 p.m. to consider comments from the public on the proposed revisions to DE Admin. Code 3801 Shellfish Aquaculture (Docket #2024-R-F-0018).

This proposed revision of 7 DE Admin. Code 3801 – Shellfish Aquaculture 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. The Shellfish Aquaculture regulation will be amended by incorporating the three specific recommendations of the Shellfish Aquaculture Task Force (Task Force). The Task Force, created during the 2024 General Assembly session by Senate Concurrent Resolution 103, was charged with examining all aspects of shellfish aquaculture in the Inland Bays and making recommendations to increase shellfish aquaculture participation and production. Specifically, the proposed amendments will reduce the annual planting requirement from 100,000 to 50,000 shellfish per leased acre while reducing the time period before a new lessee must meet the minimum planting requirement from 60 to 36 months and the time before a new lessee must harvest 2,000 oysters or 5,000 clams per leased acre from 72 to 48 months; remove the individual gear marking requirement for gear that is attached to a line suspended between poles no more than 10 feet apart; and remove import permitting from in-state hatcheries that meet shellfish disease control qualifications.

The hearing record on the proposed changes to 3801 Shellfish Aquaculture opened March 1, 2025 (Docket #2024-R-F-0018). The virtual public hearing will be held on Tuesday, March 25, 2025, beginning at 6 p.m. The web link to the virtual hearing can be accessed through the DNREC Public Hearings site at de.gov/dnrechearings. If prompted, use Meeting ID: 832 8651 9336 Passcode: 428469 To access the audio-only portion of the virtual hearing, dial 1-646-931-3860 and enter the Meeting ID and Passcode noted above. Closed captioning is available in over 20 languages, including English and Spanish, to attendees via the Zoom platform utilized for all DNREC Public Hearings.

Those wishing to offer verbal comments during DNREC public hearings must pre-register no later than noon on the date of the virtual hearing at de.gov/dnreccomments or by telephone at 302-739-9001.

The proposed amendments may be inspected online starting March 1, 2025 at regulations.delaware.gov/services/current_issue.shtml, or in-person, by appointment only, by contacting John Clark by phone at 302-739-9914 or by email at John.Clark@delaware.gov.

Public comments will be accepted through Wednesday, April 9, 2025. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, or by using the online form at de.gov/dnreccomments, or by U.S. mail to the following address:

Theresa Smith, Hearing Officer
DNREC — Office of the Secretary
89 Kings Highway, Dover, DE 19901

Related Topics:  fish and wildlife, fisheries, permitting and regulation, public comments, public hearing, public notice, shellfish aquaculture