The definition of aquaculture that we prefer is a simple one, where ‘aquaculture ’ is defined as the farming of aquatic organisms. This is an intentionally broad umbrella that covers everything from algae to oysters to zebra fish. Rooted in this definition is the understanding that aquaculture is agriculture. This connection was affirmed with the passage of H.R.1544 - National Aquaculture Improvement Act of 1985, that designated the USDA as the lead agency for aquaculture in the United States . Similar policies have been adopted by many states . In 1990, Delaware passed the Delaware Aquaculture Act, that declared that aquaculture is an agricultural activity, and that it would be overseen by the Delaware Department of Agriculture (DDA) . Through the early 2000s, d espite ongoing research, outreach and demonstration efforts, commercial aquaculture production in Delaware remained limited , though there were a handful of individuals involved with the industry to varying degrees. The majority of whom produced finfish (ex. tilapia, striped bass, hybrid striped bass).
In 2013, then Governor, Jack Markell signed legislation that would allow leasing of subaqueous lands in the Inland Bays for shellfish aquaculture . Included were c hanges to the Delaware Aquaculture Act that specifically removed shellfish aquaculture from the purview of the DDA and placing it under the authority of the Department of Natural Resources and Environmental Control . While these changes have facilitated a path forward for establishment of a shellfish aquaculture industry , our state l egislators may have inadvertently stripped shellfish growers of the protections and benefits afforded other sectors of agriculture through right-to-farm laws, direct marketing assistance, and veterinary diagnostic services .
We examined whether shellfish a quaculture operations in Delaware’s Inland Bays fit within current Delaware Right-to-farm laws; how other states treat aquaculture for purposes of their r ight-to-farm l aws; and potential statutory changes in Delaware that would help make clear that aquaculture operations fall within r ight-to-farm protections. From our analysis, we conclude that open water shellfish aquaculture like that in the Inland Bays is likely not currently protected by Delaware’s right-to-farm laws . Further, we have identified the more than 30 states whose laws currently expressly or implicitly include aquaculture under their r ight-to-farm statutes and offer some potential strategies for changing Delaware law to cover such operations going forward.