SUSSEX COUNTY, Del. - The Delaware Department of Natural Resources and Environmental Control's amendments to its shellfish aquaculture regulations went into effect June 11, hoping to streamline operations and attract more participation in the industry along the Inland Bays.
The revised regulations, issued April 26, amend 7 DE Admin. Code 3801 and follow recommendations from the 2024 Shellfish Aquaculture Task Force. Key changes include:
Lower planting and harvesting requirements: Growers now must plant a minimum of 50,000 oysters per leased acre annually, down from 100,000. They also must meet planting goals within 36 months and achieve harvest benchmarks, 2,000 oysters or 5,000 clams per acre, within 48 months, shortened from the previous 60- and 72-month timelines.
Simplified gear marking rules: Buoys are no longer required for gear attached to lines suspended between poles spaced no more than 10 feet apart. These setups, visible from the water's surface, are considered sufficiently marked.
Easier permitting for in-state hatcheries: Hatcheries following state-approved biosecurity protocols and with low disease levels may operate without an import permit and may qualify for reduced testing.
The state says these changes were deemed to have minimal environmental impact and no anticipated cost increases for aquaculture operators.
According to a 2024 report by DNREC Division of Fish and Wildlife, there were 12 leases (11 lessees) in the Inland Bays at the end of the year. Eleven of those leases held commercial leases and one lease was a scientific lease. As far as planting goes, there were 1,215,000 oysters commercially planted in the Rehoboth Bay. This was a decrease of 471,600 total oysters from the 2023 commercial planting. However, the total number of oysters reported harvested in 2024 was 287,143, a slight increase of 8985 oysters from 2023.
As far as planting goes, there were 1,215,000 oysters commercially planted in the Rehoboth Bay. (DNREC)
DNREC hopes these changes reflect Delaware’s efforts to enhance local food production, support coastal economies and protect natural resources. Leasing activities, first established in 2017, continue in designated Shellfish Aquaculture Development Areas in Indian River, Rehoboth and Little Assawoman Bays.
Secretary Gregory Patterson signed the final order on April 26. DNREC emphasized that the adjustments align with its statutory mandate and will improve industry participation without compromising environmental safeguards.