7 Del. Admin. Code § 3765-3774 - Oyster Minimum Size Limit

(Penalty Section 7 Del.C. § 1912 )

1.0 Except as provided in 1.1 and 1.2, it is unlawful for any person to possess any oyster harvested for direct sale from the State's natural oyster beds that measures less than 2.75 (2¾) inches between the two most distant points on the edges of said oyster's shell.
1.1 Oysters measuring less than 2.75 (2¾) inches shall not comprise, by number, more than 5.0% of any landed bushel bag or bushel sample(s) obtained from any landed multi-bushel cage.
1.2 Notwithstanding 1.1, a person may possess oysters harvested for direct sale from the State's natural oyster beds that measure at least 2.75 (2¾) inches and have attached oysters or attached spat that measure less than one (1) inch between the two most distant points on the edges of said oyster's shell and that cannot be separated without destroying either oyster.

Notes

7 Del. Admin. Code § 3765-3774
5 DE Reg. 2140 (5/1/02)
20 DE Reg. 58 (7/1/2016) (Final)

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