7 Del. Admin. Code § 3765-3769 - Oyster Harvesting Control Dates

(Penalty Section 7 Del.C. § 1912)

1.0 A person is authorized to participate in the seasonal harvest of oysters for direct sale from the State's natural oyster beds provided said person complies with the following criteria:

1.1 He/she has a valid oyster harvesting license and meets the eligibility requirements in 7 Del.C. § 2103.

1.2 He/she has indicated in writing to the Department no later than 4:30 PM on a date at least 30 days prior to the opening date of the oyster harvesting season that he/she will participate.

1.3 He/she pays the harvest fee of $1.25 per bushel for his/her individual allotment of oysters no later than 4:30 PM on a date at least 10 days prior to the opening date of the oyster harvesting season.

2.0 In the event a person who indicates in writing to the Department that he/she will participate in the next seasonal harvest of oysters from the State's natural oyster beds and then fails to pay his or her oyster harvest fee on time said person's share of oysters shall be pooled and made available for subsequent allocations to individuals who have paid their oyster harvest fees on time. The quantity of the subsequent allocation of oysters shall be determined by dividing the pooled allotments by the number of paid participants. Interested participants may obtain no more than one subsequent allocation by paying the oyster harvest feel of $1.25 per bushel prior to harvesting same.

Notes

7 Del. Admin. Code § 3765-3769

5 DE Reg. 2140 (5/1/02)