7 Del. Admin. Code § 3801-20.0 - Shellfish Aquaculture Subaqueous Land Lease Expiration, Surrender, Termination and Sale
20.1 A leaseholder may surrender their lease to the State, in whole, or in 1 acre increments, at any time during their lease term; however, the leaseholder will remain liable for the removal of shellfish aquaculture gear and cultured shellfish on the lease consistent with subsection 20.4.
20.2 The Department may terminate a Shellfish Aquaculture Subaqueous Land Lease at any time where the Department determines that continuing the lease does not serve the public interest of the State. Criteria for termination includes, but is not limited to:
20.2.1 Failure to pay the annual lease fee in advance of the year.
20.2.2 Failure to file information required by the Department, or filing false information to the Department.
20.2.3 Failure by new leaseholder to apply for a lease transfer.
20.2.4 Failure to keep the lease boundaries marked as required in Section 14.0.
20.2.5 Failure to comply with the regulations governing the use of shellfish aquaculture leases in Delaware's Inland Bays.
20.2.6 Failure to file reports as required in Section 17.0.
20.2.7 Evidence that the leaseholder willfully extends or causes to extend the lease boundaries.
20.2.8 Failure to adhere to the operations plan.
20.3 The Department shall notify an aquaculture leaseholder by registered mail of its decision to terminate a lease.
20.3.1 A leaseholder may contest the Department's decision to terminate a lease by appealing the decision to the Environmental Appeals Board pursuant to 7 Del.C. §
6008.
20.3.2 Failure of a leaseholder to respond to the Department's notification within 20 days of receipt of the notification shall cause the lease to revert to the State.
20.4 In the event of expiration, surrender, or termination, the leaseholder is responsible for restoring the lease area to pre-lease conditions within 30 days from the date of expiration, surrender, or termination. This shall include the removal of all cultured shellfish, structures, rafts, floats, markers, buoys, lines, cages, anchors, netting, stakes, and other equipment brought to the lease area.
20.4.1 A leaseholder who does not restore the lease area to pre-lease condition within 30 days shall surrender their performance bond, in order to enable the Department to remediate the lease area.
20.4.2 Equipment that is not cleared from the lease area within 30 days from expiration, surrender, or termination of the lease shall be considered abandoned. Abandoned equipment will be disposed of in the manner described in 7 Del.C. §
2013(f).
20.5 Any person, corporation, or entity who has had their lease terminated, or has abandoned their lease may not apply for a new lease or a transfer of lease for a period of 5 years.
20.6 Except as provided in Section 19.0 of these regulations providing for transfer of a Shellfish Aquaculture Subaqueous Land Lease, it is unlawful to sublease, rent, or sell a Shellfish Aquaculture Subaqueous Land Lease.
(Penalty Section 7 Del.C. § 2012)
Notes
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