As used in this chapter:

(1) “Aquaculture” means the controlled propagation, growth, harvest and subsequent commerce in cultured aquatic stock by an aquaculturist.

(2) “Aquaculture facility” means any water system and associated infrastructures capable of holding and/or producing cultured aquatic stock.

(3) “Aquaculture registration” means the formal registration by application to the Department of Agriculture of an aquaculture facility by a person, partnership or corporation.

(4) “Aquaculturist” means an individual, partnership or corporation involved in the production of cultured aquatic stock or parts thereof.

(5) “Aquatic organism” means an animal or plant of any species or hybrid thereof, and includes gametes, seeds, egg, sperm, larvae, juvenile and adult stages, any one of which is required to be in water during that stage of its life.

(6) “Broodstock” means sexually mature aquatic organisms, either domesticated or wild, used to propagate cultured aquatic stock.

(7) “Closed system” means an aquaculture facility with water discharge(s) that does not connect in any way to the waters of the State prior to the discharged water being screened, filtered or percolated to prevent cultured aquatic stock from escaping.

(8) “Cultured aquatic stock” means aquatic organisms, lawfully acquired by an aquaculturist that are held and grown in a registered aquaculture facility.

(9) “Department” means the Department of Agriculture.

(10) “Domesticated” means an animal or plant trained, adapted and/or bred to live in a human controlled environment.

(11) “Fee fishing” means removing cultured aquatic stock from a registered aquaculture facility in a sportsman-like manner for a payment of a fee.

(12) “Fee fishing operation” means a registered aquaculture facility where a person may fish for cultured aquatic stock.

(13) “Native species” means any species or hybrid thereof of any plant or animal which naturally occurs in the waters of the State.

(14) “Naturalized species” means any species or hybrid thereof of any plant or animal which has been introduced to the waters of this State and has become established by reproducing in the waters of this State.

(15) “Non-native species” means any species or hybrid thereof of any plant or animal which does not occur naturally in the waters of the State.

(16) “Open system” means an aquaculture facility with a water discharge(s) that connects to the waters of this State without being screened, filtered or percolated prior to discharge to prevent cultured aquatic stock from escaping.

(17) “Registered aquaculture facility” means an aquaculture facility which has a valid aquaculture registration issued by the Department of Agriculture.

(18) “Secretary” means the Secretary of the Department or his or her designee.

(19) “Waters of the State” means all the tidal waters under the jurisdiction of the State where the lunar tide regularly ebbs and flows and all nontidal waters under the jurisdiction of this State except for nontidal waters contained in aquacultural facilities registered with the Department of Agriculture.

(20) “Wild” means an animal or plant that is not trained, adapted and/or bred to live in a human controlled environment.

67 Del. Laws, c. 439, § 1; 69 Del. Laws, c. 103, §§ 2, 3.