2023 Delaware Code › Title 7 - Conservation › Chapter 19. GENERAL PROVISIONS › § 1901. Definitions.

§ 1901. 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) “Commercial purpose” means a person's intent to sell shellfisheries to another.
(3) “Crab pot” means a cube shaped wire device that contains opening or openings toward the inside for the entrance and capture of crabs without the assistance of any manually exerted tension to any closing mechanism.
(4) “Culled” means separated live shellfish from all other material and organisms.
(5) “Cultivation” means the process of preparing and/or improving shellfish grounds to foster the growth and survival of shellfish.
(6) “Delaware's Inland Bays” shall mean Rehoboth Bay, Indian River and Indian River Bay and Little Assawoman Bay and Big Assawoman Bay and their respective tributaries.
(7) “Department” means Department of Natural Resources and Environmental Control.
(8) “East line” means a political division of the Delaware Bay along a line running due east from the Port Mahon lighthouse (Delaware State Plan Coordinates:
N431, 537.3600, E504, 396.9600).
(9) “Hand tongs” means any grasping device consisting of 2 pieces joined at 1 end of a pivot and manipulated by physical exertion of a person.
(10) “Market oysters” means oysters harvested for sale to another for consumption.
(11) “Mean high water” means the level of the water surface which is an average of the highest daily tides over a period of at least 29 days.
(12) “Mechanical device” means an apparatus operated by a machine used to take shellfish.
(13) “Natural oyster beds” means those shellfish grounds designated to be “natural oyster beds” by the Department.
(14) “Nonresident” means any person not an alien who has not continuously resided for 1 year within this State.
(15) “Patent tongs” means any grasping device consisting of 2 pieces joined at 1 end by a pivot and raised with a rope, cable or other hoisting device used to take shellfish.
(16) “Person” means a human being.
(17) “Public tonging area” means any shellfish ground designated by the Department to be used for the tonging of oysters in areas exclusive of Delaware's Inland Bays.
(18) “Resident” means any person not an alien who has continuously resided 1 year or more within this State.
(19) “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.
(20) “Shellfish” means any mollusca, crustacea and chelicerata that includes oysters, clams, lobsters, mussels, whelks, bay scallops, crabs, shrimp and horseshoe crabs.
(21) “Shellfishing” means to attempt to take, catch, kill or reduce to possession any shellfish by any means whatsoever.
(22) “Shellfish aquaculture” means the culture or rearing of any life stage of bivalve shellfish for commercial purposes within an area leased for that purpose. 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 in the water.
(23) “Shellfish grounds” means the submerged lands of the rivers, bays and oceans sustaining or capable of sustaining shellfish under the jurisdiction of the State.
(24) “Spat” means immature oysters.
60 Del. Laws, c. 513, §  2;  64 Del. Laws, c. 243, §  1;  67 Del. Laws, c. 194, §§  2, 3;  68 Del. Laws, c. 33, §  1;  69 Del. Laws, c. 284, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 178, §  2;