The DNREC Division of Fish and Wildlife will conduct a public hearing (Docket #2024-R-F-0018) on proposed amendments to the state’s Shellfish Aquaculture regulations. Public comment period closed.

The proposed revisions to the Shellfish Aquaculture regulations (7 DE Admin. Code 3801) are intended to 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 regulation will be amended by incorporating three specific recommendations of the Shellfish Aquaculture Task Force created during the 152nd General Assembly (2023 – 2024).

• Reducing 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.
• Removing the individual gear marking requirement for gear that is attached to a line suspended by poles as long as the spacing between the poles is no more than 10 feet and each pole extends no less than 2 feet above Mean High Water.
• Removing import permitting from in-state hatcheries that meet shellfish disease control qualifications.

The proposed amendments may be inspected online, in the March edition of 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 April 9, 2025. 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

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

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

Public Hearing Transcript

Hearing Officer’s Report
– Appendix A: Proposed Amendments (7 DE Admin. Code 3755)

Secretary’s Order No: 2025-F-0015 RE: Approving Final Amendments to 7 DE Admin. Code 3801 – Shellfish Aquaculture
Effective date: June 11, 2025

DNREC Exhibits

Exhibit 1: Background on the Shellfish Aquaculture Task Force and link to the Delaware General Assembly web page for the Task Force.

Exhibit 2: A copy of approved Start Action Notice #2024-14 pertaining to the proposed amendments.

Exhibit 3: A copy of the Regulatory Flexibility Analysis/ Regulatory Impact Statement, corresponding to the proposed action and as published in the March 1, 2025 Delaware Register of Regulations.

Exhibit 4: A copy of Register Notice SAN #2024-14 and the proposed amendment to 7 DE Admin. Code 3801 Shellfish Aquaculture, as published in the March 1, 2025 Delaware Register of Regulations.

Exhibit 5: Notice of this public hearing as it appeared on Delaware’s State Public Meeting Calendar and posted March 7, 2025.

Exhibit 6: Notice of this public hearing as it appears on DNREC’s Public Hearings website. (This Page)

Exhibit 7: Proof of publication of the legal notice regarding the proposed amendments to 7 DE Admin. Code 3801 Shellfish Aquaculture in the March 4, 2025 Wilmington News Journal.

Exhibit 8: Proof of publication of the legal notice regarding the proposed amendments to 7 DE Admin. Code 3801 Shellfish Aquaculture in the March 2, 2025 Delaware State News.

Exhibit 9: Notice of this public hearing as sent by email on March 13 and March 20, 2025, to all shellfish aquaculture lessees, all people enrolled in the Division of Fish and Wildlife’s Fisheries email notification (Fisheries Listserv), and other interested parties.

Exhibit 10: Notice of this public hearing as posted to the DNREC Division of Fish and Wildlife Facebook page on March 19, 2025.

Exhibit 11: DNREC Presentation

Public Comments

Mark Casey (March 13, 2025)

Morgan Krell, Delaware Center for the Inland Bays (April 8, 2025)