Delaware § 2001 - Definitions.

§ 2001. Definitions.

The following definitions shall apply to Chapters 19 through 28 inclusive of this title:

(1) “Bivalve shellfish” means any species of shellfish having 2 shells connected by a hinge.

(2) “Certified dealer” shall mean anyone who is certified by the Department as being qualified to sell shellfish products.

(3) “Delaware corporation” shall mean a corporation or other legal entity whose ownership or Board of Directors is comprised of 50% or more Delaware residents. If fewer than 50% of the ownership or Board of Directors of a corporation is comprised of Delaware residents, then the corporation shall be considered a nonresident corporation.

(4) “Delaware partnership” shall mean a partnership comprised of at least 50% Delaware residents. If fewer than 50% of a partnership is comprised of Delaware residents, then the partnership shall be considered a nonresident partnership.

(5) “Delaware’s Inland Bays” shall mean Rehoboth Bay, Indian River and Indian River Bay, Little Assawoman Bay, and Big Assawoman Bay and their respective tidal tributaries.

(6) “Department” means Department of Natural Resources and Environmental Control.

(7) “Handle shellfish” shall mean to take ownership either temporarily or permanently of a shellfish aquaculture product.

(8) “Off-bottom rearing cages and enclosures” mean any cage or artificial enclosure that retains for rearing purposes any stage of the life cycle of bivalve shellfish where such cage or enclosure is staked on or suspended above the bottom of the bay or tributary to the bay.

(9) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee provided any such delegation of authority is consistent with Chapter 80 of Title 29.

(10) “Seed-on-cultch” shall mean bivalve shellfish seed attached to shell material.

(11) “Seed stock” shall mean immature or sub-legal stages of shellfish available for culturing or planting purposes.

(12) “Shellfish aquaculture” means the culture or rearing of any life stage of bivalve shellfish for commercial purposes within a leased area. Within the leased area, said shellfish may be reared in an artificial enclosure, or on any other type of structure or substrate, either on land or water.

(13) “Shellfish grounds” for the purposes of this chapter means the submerged lands of Delaware’s Inland Bays and their tributaries capable of sustaining shellfish under the jurisdiction of the State.

79 Del. Laws, c. 178, §  3;