7 Del. Admin. Code § 3801-3.0 - Shellfish Aquaculture Subaqueous Land Lease Issuance

3.1 The Department shall not issue a shellfish aquaculture land lease within the boundaries of a SADA without:

3.1.1 a complete and accepted SADA Shellfish Aquaculture Subaqueous Land Lease Application;

3.1.2 required field assessments of each proposed one-acre plot indicating a mean density of less than 2 hard clams per square yard per acre;

3.1.3 evidence of the required performance bond;

3.1.4 evidence of the required liability coverage;

3.1.5 a copy of a lawfully issued U.S. Army Corps permit authorizing shellfish aquaculture activities within the boundaries of the proposed lease site to be submitted to the Department before an aquaculture lease will be valid; and

3.1.6 full payment of all application and lease fees.

3.2 The Department shall not issue a Shellfish Aquaculture Subaqueous Land Lease for areas extending beyond or entirely outside the boundaries of a SADA without:

3.2.1 a complete and accepted Non-SADA Shellfish Aquaculture Subaqueous Land Lease Application;

3.2.2 required field assessments of each proposed one-acre plot indicating a mean density of less than 2 hard clams per square yard per acre;

3.2.3 consideration of public comment;

3.2.4 all required state and federal permits;

3.2.5 evidence of the required performance bond;

3.2.6 evidence of the required liability coverage;

3.2.7 evidence that the proposed lease boundaries are at least 150 feet from existing marked navigational channels; and

3.2.8 full payment of all application and lease fees.

3.3 The Department shall not issue a Shellfish Aquaculture Subaqueous Land Lease to persons under 18 years of age.

Notes

7 Del. Admin. Code § 3801-3.0

27 DE Reg. 869 (5/1/2024) (Final)