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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2013

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7 DE Admin. Code 3214
A public hearing was held on Wednesday, January 23, 2013, at 6:00 p.m. at the DNREC Richardson & Robbins Building Auditorium to receive comment on the Department’s proposal to amend 7 DE Admin. Code 3214, Horseshoe Crabs – Annual Harvest Limit. The Department is proposing these regulation amendments to establish the basis for setting Delaware’s annual sex-specific horseshoe crab allocation(s). Furthermore, this action seeks to establish criteria for closing the fishery in a manner that would minimize the likelihood of exceeding annual quotas.
The Department has the authority to promulgate this proposed regulation amendment, pursuant to 7 Del.C. §2701. The proposed amendments to 7 DE Admin. Code 3214, Horseshoe Crabs – Annual Harvest Limit, were published in the January 1, 2013 edition of the Delaware Register of Regulations. It should be noted that the Department received no comment whatsoever from the public at any time during this promulgation process, nor were any members of the public present at the time of the public hearing on January 23, 2013. Proper notice of the hearing was provided as required by law.
The Department has provided sound reasoning with regard to the proposed amendments to 7 DE Admin. Code 3214, Horseshoe Crabs – Annual Harvest Limit, as reflected in the Hearing Officer’s Memorandum of February 20, 2013, which is attached hereto and expressly incorporated into this Order in its entirety. Moreover, the following findings and conclusions are entered at this time:
1. The Department has jurisdiction under its statutory authority, 7 Del.C. §2701 to make a determination in this proceeding;
9. The Department’s proposed regulation, as published in the January 1, 2013 Delaware Register of Regulations and set forth within Attachment “A” of the Hearing Officer’s Memorandum and attached hereto, is adequately supported, not arbitrary or capricious, and is consistent with the applicable laws and regulations. Consequently, it should be approved as a final regulation, which shall go into effect ten days after its publication in the next available issue of the Delaware Register of Regulations; and
Based on the record developed, as reviewed in the Hearing Officer’s Memorandum dated February 20, 2013 and expressly incorporated herein, it is hereby ordered that the proposed amendments to 7 DE Admin. Code 3214, Horseshoe Crabs – Annual Harvest Limit be promulgated in final form in the customary manner and established rule-making procedure required by law.
The promulgation of the amendments to 7 DE Admin. Code 3214, Horseshoe Crabs – Annual Harvest Limit will enable Delaware to remain in compliance with the provisions of the Atlantic States Marine Fisheries Commission, Addendum VII, to the Interstate Fishery Management Plan for Horseshoe Crab. Specifically, these regulation amendments will establish the basis for setting Delaware’s annual sex-specific horseshoe crab allocation(s) and establish criteria for closing the fishery in a manner to minimize quota overages, in accordance with an Adaptive Resource Management (ARM) framework for establishing annual horseshoe crab sex-specific quotas in the Delaware Bay Region.
(Penalty Section 7 Del.C. §2705(b))
1.0 The annual harvest limits for horseshoe crabs taken and/or landed in the State shall be 100,000 male horseshoe crabs for a period extending from November 1, 2010 through April 30, 2013, or whatever the Atlantic States Marine Fisheries Commission has approved as Delaware's current annual quota. No female horseshoe crabs may be taken/landed at any time determined in accordance with the annual sex-specific allocations identified in Addendum VII to the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for Horseshoe Crab.
2.0 When the Department has determined that the 95% of an annual sex-specific horseshoe crab quota allocation has been met landed, the Department shall establish, based on recent fishery performance and landings, a date and time to order that component of the horseshoe crab fishery closed. and no further hHorseshoe crabs of the component specified may not be taken during the remainder of the calendar year once closed by the Department.
Last Updated: December 31 1969 19:00:00.
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