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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2013

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7 DE Admin. Code 3200
This proposed action seeks to define and prevent the possession and use of Asian horseshoe crabs (Carcinoscorpius rotundicauda, Tachypleus gigas and Tachypleus tridentatus) to protect human health and the shellfish resources of the State.
The Atlantic States Marine Fisheries Commission recently approved Resolution 13-01 recommending that member states take any and all action to ban the importation and use of Asian horseshoe crabs as bait as soon as possible. Reduced availability of Atlantic horseshoe crabs (Limulus polyphemus) has motivated seafood dealers in New York to import non-native Asian horseshoe crabs for use as bait in the American eel and whelk fisheries. There is concern that these animals may host parasites and pathogens that could have severe negative impacts on native horseshoe crabs and the ecosystem. In addition, C. rotundicauda is known to contain the powerful neurotoxin tetrodotoxin (TTX). Poisonings from this neurotoxin can be fatal. The potential for TTX accumulation in eel and whelk and subsequent risk to human health is unknown.
7 Delaware Code, Section 1902 (a)
(Penalty Section 7 Del.C. §2705(b))
1.0 The following definitions shall apply to terms in 7 Del.C. Ch. 27 relative to horseshoe crabs.
1.1 "Asian Horseshoe Crabs" shall mean any of the following species Carcinoscorpius rotundicauda, Tachypleus gigas, and Tachypleus tridentatus.
1.12 “Bait Saving Device” shall mean any device that when so deployed in or on a pot reduces either the rate at which bait, meaning horseshoe crabs or parts thereof, must be replenished or reduces the number or quantity of horseshoe crabs used as bait.
1.23 “Collect” shall mean to take live horseshoe crabs by any means other than by dredge.
1.34 “Dispose of said Crabs Properly” shall mean bury on the beach, incorporate into soil as fertilizer or any other method approved by the Department.
1.45 “Dredge” shall mean to use any device to gather, scrape, scoop, fish for or otherwise take bottom dwelling horseshoe crabs.
1.56 “Personal, Non-Commercial Use” shall mean to be used as food, fertilizer or bait or otherwise properly disposed without trading, bartering, or selling by one individual to another, or without transporting, shipping, or causing to be transported or shipped, out of state.
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
2.0 It shall be lawful for persons with valid horseshoe crab collecting permits and eel licensees and their alternates to collect adult male horseshoe crabs on Monday through Friday from state owned lands to the east of state road No. 89 (Port Mahon Road) from 12:01 a.m. on June 8 and continuing through midnight on July 31.
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
(Penalty Section 7 Del.C. §2705(b))
Last Updated: December 31 1969 19:00:00.
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