department of natural resources and environmental control

Division of Fish and Wildlife

Statutory Authority: 7 Delaware Code, Sections 103, 1902, 2701, 2703 and Chapter 15

(7 Del.C. §§103, 1902, 2701, 2703 and Ch. 15)

7 DE Admin. Code 3203, 3207, 3210, 3211 and 3214

FINAL

Secretary’s Order No.: 2007-F-0044

RE: Proposed Amendments to Delaware’s Horseshoe Crab Regulations as follows:

3203 – Seasons and Area Closed to Taking Horseshoe Crabs

3207 – Horseshoe Crab Dredging Restrictions

3210 – Horseshoe Crab Reporting Requirements

3211 – Horseshoe Crab Commercial Collecting Permit Eligibility and Renewal Requirements

3214 – Horseshoe Crab Annual Harvest Limit

Date of Issuance: October 15, 2007

Effective Date of the Amendment: November 11, 2007

I. Background:

A public hearing was held on Monday, September 24, 2007, in the Richardson and Robbins Auditorium of DNREC, 89 Kings Highway, to receive public comment on proposed amendments to Delaware’s horseshoe crab regulations. Emergency horseshoe crab harvest and limit regulations, which were originally set to expire September 8, 2007, were extended by the adoption of new emergency regulations (Order No. 2007-F-0037) effective September 7, 2007. These emergency regulations extend the time period for the annual harvest limits of 100,000 male-only crabs for an additional 90 days, through December 5, 2007, or until regulations are implemented by the Department that eliminate the need for an emergency order. With the formal promulgation of amendments to Delaware’s horseshoe crab regulations, there is no further need for any additional emergency orders to be enacted by the Secretary in order to keep Delaware in compliance with federal requirements concerning the harvesting of this species.

Numerous members of the public attended this hearing on August 23, 2007, and a voluminous amount of public comment was received by the Department during all phases of this regulatory process regarding this proposed action. Proper notice of the hearing was provided as required by law.

II. Findings:

The Department has provided appropriate reasoning, scientific analysis, and sound conclusions with regard to the drafting of these regulation amendments and consideration of the public comments received, as reflected in the Hearing Officer’s Report of October 13, 2007, which is attached and expressly incorporated into this Order. Moreover, the following findings and conclusions are entered at this time:

1. The Department has jurisdiction under its statutory authority to make a determination in this proceeding;

2. The Department provided adequate public notice of the proceeding and the public hearing in a manner required by the law and regulations;

3. The Department held a public hearing in a manner required by the law and regulations;

4. The Department considered all timely and relevant public comments in making its determination;

5. The Department has reviewed this proposed amendment in the light of the Regulatory Flexibility Act, and believes the same to be lawful, feasible and desirable, and that the recommendations as proposed should be applicable to all Delaware citizens equally;

6. Formal promulgation of these proposed amendments would update Delaware’s current regulations, so that Delaware will be in compliance with Addendum IV to the Interstate Fishery Management Plan for Horseshoe Crab, issued by ASMFC;

7. These amendments will prohibit the harvest and landing of all horseshoe crabs in Delaware from January 1 through June 7, 2008, and will also prohibit the harvest and landing of all female horseshoe crabs in Delaware for two years, as required by the ASMFC Plan;

8. Furthermore, these amendments will allow the harvest of 100,000 male-only horseshoe crabs June 8 through December 31, 2007, and again for the 2008 calendar year;

9. Beach collecting of male-only horseshoe crabs will be allowed Monday through Friday, June 8-30, 2008, from Port Mahon Road and private beaches where collecting is presently legal. This measure will allow beach collectors to harvest male horseshoe crabs under the proposed quota system more efficiently during the period when harvesting is permitted;

10. These amendments shall also require all horseshoe crab collectors to phone-in a daily report and submit a monthly log listing the dates and locations horseshoe crabs were harvested;

11. Permit renewal requirements are proposed and in line with other shellfish licenses with annual renewal by December 31 of each calendar year in order to retain eligibility;

12. The Department has an adequate record for its decision, and no further public hearing is appropriate or necessary;

13. The Department’s proposed regulation, as published in the September 1, 2007 Delaware Register of Regulations and set forth within Attachment “A” 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;

14. The Department shall submit the proposed regulation as a final regulation to the Delaware Register of Regulation for publication in its next available issue, and shall provide written notice to the persons affected by the Order.

III. Order:

Based on the record developed, as reviewed in the Hearing Officer’s Report dated October 13, 2007, and expressly incorporated herein, it is hereby ordered that the proposed amendments to State of Delaware Horseshoe Crab Regulations as follows: 3203 – Seasons and Area Closed to Taking Horseshoe Crabs; 3207 – Horseshoe Crab Dredging Restrictions; 3210 – Horseshoe Crab Reporting Requirements; 3211 – Horseshoe Crab Commercial Collecting Permit Eligibility and Renewal Requirements; and 3214 – Horseshoe Crab Annual Harvest Limit - be promulgated in final form in the customary manner and established rule-making procedure required by law.

IV. Reasons:

The promulgation of the amendments to Delaware’s Regulations regarding the harvesting of horseshoe crabs is a reasonable action for the Department to take at this time, as it will bring Delaware into compliance with Addendum IV to the Interstate Fishery Management Plan for Horseshoe Crabs, issued by ASMFC. Failure to amend the existing horseshoe crab harvesting regulations would result in federal sanctions being taken against Delaware, including, but not limited to, the federal government closing Delaware’s horseshoe crab fishery. Such actions would result in economic detriment to Delaware’s fishermen, and therefore it is reasonable to enact these regulatory amendments at this time to prevent such detriments to Delaware’s economy from occurring.

Conservation measures with regard to the harvesting of the horseshoe crab began to be applied in Delaware by ASMFC starting in 1999. Over the years subsequent to those measures being implemented, there are data indicating that the horseshoe crab population has begun to stabilize. The proposed harvest of 100,000 male horseshoe crabs would result in a taking of a very small percentage of this species’ overall population, and thus it is believed to not be detrimental to the overall population of this species.

In developing this regulation, the Department has balanced the absolute environmental need for the State of Delaware to promulgate regulations concerning this matter with the economic interests and public concerns surrounding the same, in furtherance of the policy and purposes of 7 Del.C., Ch. 60.

John A. Hughes, Secretary

3200 Horseshoe Crabs

3201 Definitions (Formerly S-50 & HC-1)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 The following definitions shall apply to terms in 7 Del.C. Ch. 27 relative to horseshoe crabs.

1.1 “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.

1.2 “Collect” shall mean to take live horseshoe crabs by any means other than by dredge.

1.3 “Dispose of said Crabs Properly” shall mean bury on the beach, incorporate into soil as fertilizer or any other method approved by the Department.

1.4 “Dredge” shall mean to use any device to gather, scrape, scoop, fish for or otherwise take bottom dwelling horseshoe crabs.

1.5 “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.

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3202 Horseshoe Crabs As Bait In Pots; Conch Pots (Formerly HC- 2)

(Penalty Section 7 Del.C. §1912)

1.0 It shall be unlawful for any person to place more than one-half of a female horseshoe crab or one male horseshoe crab as bait in any type of pot on any one day in the waters of this State.

2.0 It shall be unlawful for any person to fish with a conch pot that is not equipped with a bait saving device, provided that a horseshoe crab or parts thereof are used as bait.

7 DE Reg. 220 (8/1/03)

3203 Seasons And Area Closed To Taking Horseshoe Crabs (Formerly S-51 & HC-3)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 It shall be unlawful for any person to dredge or attempt to collect by means of a dredge horseshoe crabs or parts thereof from any state or federal land owned in fee simple or the tidal waters of this state during a period beginning at 12:01 am on May 1 January 1 and continuing through midnight, June 30, next ensuing. After June 30 in any given calendar year, it shall be unlawful to dredge or attempt to collect by means of a dredge female horseshoe crabs.

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 Tuesday and Thursday 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 June 30.

3.0 It shall be unlawful for any person to collect or attempt to collect, any horseshoe crabs or parts thereof from any land not owned by the state or federal government during the period beginning at 12:01 a.m. on May 1 January 1 and continuing through midnight, June 7, next ensuing. It shall be lawful, during a period beginning at 12:01 a.m. on June 8 and continuing through midnight on June 30, for persons with valid horseshoe crab collecting permits and eel licensees and their alternates to collect male horseshoe crab adults on Mondays, Wednesdays and Fridays Monday through Friday from such private lands.

4.0 It shall be unlawful for any person to collect or attempt to collect any horseshoe crabs from any land not owned by the State or federal government unless said person has on his or her person written permission, signed by the owner of said land with the owner's address and phone number, indicating the individual to whom permission to collect horseshoe crabs is granted.

5.0 It shall be unlawful for any person to collect or dredge or to attempt to collect or dredge horseshoe crabs at any time prior to May 1 in any given year after the date the Department determines 35% of the annual quota of horseshoe crabs, approved for Delaware by the Atlantic States Marine Fisheries Commission, is landed.

1 DE Reg 1412 (4/1/98)

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3204 Requirement For Collecting Horseshoe Crabs For Persons Under 16 (Formerly S-52 & HC-4)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 It shall be unlawful for any person with a valid horseshoe crab collecting permit to collect any horseshoe crabs as an alternate to a person with a valid commercial eel fishing license.

2.0 It shall be unlawful for any person under the age of sixteen (16) years to possess any horseshoe crabs unless accompanied by a person who has been issued a valid horseshoe crab scientific collecting, commercial collecting or dredge permit.

3 DE Reg 1092 (2/1/00)

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3205 Number Of Persons Accompanying A Person With A Valid Horseshoe Crab Collecting Permit (Formerly S-53 & HC-5)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 It shall be unlawful for any person with a valid horseshoe crab commercial collecting permit when collecting horseshoe crabs to be assisted by more than three (3) persons under the age of 16 who are not required to have valid horseshoe crab commercial collecting permits.

2.0 It shall be unlawful for any person 16 years of age or older who does not have a valid commercial horseshoe crab collecting permit, to assist any person with a valid commercial horseshoe crab collecting permit in the handling, loading or driving a vehicle used to transport horseshoe crabs collected by said horseshoe crab collecting permittee while within 300 feet of the shoreline of the water from which said horseshoe crabs are collected or the point on shore where said horseshoe crabs are landed from a vessel.

3 DE Reg 1092 (2/1/00)

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3206 Possession Limit Of Horseshoe Crabs, Exceptions (Formerly S-54 & HC-6)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 Unless otherwise authorized, it shall be unlawful for any person to possess a horseshoe crab, except a person with a validated receipt from a person with a valid horseshoe crab commercial collecting or dredge permit for the number of horseshoe crabs in said person's possession. A receipt shall contain the name, address and signature of the supplier, the date and the number of horseshoe crabs obtained.

2.0 Any person who has been issued a valid commercial eel fishing license by the Department or said person's alternate while in the presence of the licensee, is exempt from the prohibition on the possession of horseshoe crabs, provided said commercial eel fishing licensee has submitted all required reports of his/her and his/her alternate's previous week's harvest of horseshoe crabs with the Department in accordance with Regulation 3210. Any person who has been issued a commercial eel fishing license and said person's alternate while in the presence of the licensee, may collect horseshoe crabs by hand without a horseshoe crab commercial collecting permit provided all horseshoe crabs taken are for personal, non-commercial use, as bait for the licensee's eel pots fished in this state.

1 DE Reg 1412 (4/1/98)

3 DE Reg 1567 (5/1/00)

3.0 It shall be unlawful for any person with a valid commercial eel fishing license to be assisted in collecting horseshoe crabs by any person who is not listed on his commercial eel fishing license as the alternate.

4.0 Any person with both a valid commercial eel fishing license and a valid commercial horseshoe crab collecting permit shall be considered as a commercial horseshoe crab collecting permittee for purposes of enforcing the provisions of 7 Del.C. Ch. 27 and/or shellfish regulations pertaining to horseshoe crabs.

5.0 It shall be unlawful for any person with a valid commercial eel fishing license to commingle any horseshoe crabs collected either by said commercial eel fishing licensee or by his or her alternate with horseshoe crabs either collected by a person with a valid horseshoe crab dredge permit or by a person with a valid commercial horseshoe crab collecting permit.

6.0 It shall be unlawful for any person with a valid horseshoe crab dredge permit or with a valid commercial horseshoe crab collecting permit to commingle any horseshoe crab dredged or collected by said horseshoe crab dredge permittee or horseshoe crab collecting permittee with horseshoe crabs collected by any person with a valid commercial eel fishing license.

7.0 It shall be unlawful for any person to possess more than 300 cubic feet of horseshoe crabs except in a stationary cold storage or freezer facility.

8.0 It shall be unlawful for any person to collect or attempt to collect more than 300 cubic feet of horseshoe crabs during any 24 hour period beginning at 12:01 AM and continuing through midnight next ensuing.

3 DE Reg 1092 (2/1/00)

3 DE Reg 1567 (5/1/00)

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3207 Horseshoe Crab Dredging Restrictions (Formerly S-55 & HC-7)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 It shall be unlawful for any person to dredge horseshoe crabs in the area in Delaware Bay designated as leased Sshellfish grounds except on one's own leased shellfish grounds or with permission from the owner of leased shellfish grounds. The area in Delaware Bay designated as leased shellfish grounds is within the boundaries that delineate leasable shellfish grounds and is described as follows: Starting at a point on the "East Line" in Delaware at Loran-C coordinates 27314.50/42894.25 and continuing due east to a point at Loran-C coordinates 27294.08/42895.60 and then 27270.80/42852.83 and then continuing southwest to a point at Loran-C coordinates 27281.31/42803.48 and then continuing west to a point at Loran-C coordinates 27280.75/42795.50 and then in a northerly direction on a line 1000' offshore, coterminous with the existing shoreline to the point of beginning on the "East Line."

2.0 It shall be unlawful for any person, who operates a vessel and has on board said vessel a dredge of any kind, to have on board or to land more than 1500 horseshoe crabs during any 24 hour period beginning at 12:01 a.m. and continuing through midnight next ensuing.

1 DE Reg 354 (10/1/97)

3 DE Reg 1567 (5/1/00)

3.0 It shall be unlawful for any person, who operates a vessel and has on board said vessel a dredge of any kind, to have or possess on board said vessel any horseshoe crabs at any time during the period beginning 12:01 a.m. on May January 1 and continuing through midnight, June 30, next ensuing.

1 DE Reg 1412 (4/1/98)

4.0 It shall be unlawful for any person to land horseshoe crabs taken from the Exclusive Economic Zone unless said person has a valid horseshoe crab dredge permit."

3 DE Reg 1567 (5/1/00)

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3208 Horseshoe Crab Dredge Permit Lottery (Formerly S-55A & HC-8)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 The Department of Natural Resources and Environmental Control shall hold an annual lottery to select eligible individuals for the five horseshoe crab dredge permits authorized to be issued each year if more than five applications are received by the Department. Applications for an annual commercial horseshoe crab permit shall be accepted by the Department until 4:30 PM December 31 or 4:30 PM on the Friday preceding if December 31 is a Saturday or Sunday. If an annual lottery is necessary it shall be conducted at 1:00 PM on January 1, or the first work day thereafter, in the Richardson and Robbins Building, 89 Kings Highway, Dover, Delaware."

3 DE Reg. 652 (11/1/99)

2.0 To be eligible an applicant for a horseshoe crab dredge permit shall be the current holder of an oyster harvesting license issued by the Department."

2 DE Reg 1055 (1/1/99)

5 DE Reg. 1128 (11/1/01)

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3209 Horseshoe Crab Sanctuaries (Formerly S-56 & HC-9)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 All state and federal lands owned in fee simple are horseshoe crab sanctuaries during the period beginning 12:01 a.m. on May 1 through midnight June 30.

2.0 Any land owner(s) may register their land with the Department to be designated as a horseshoe crab sanctuary for a period to be specified by the land owner(s).

3.0 It shall be unlawful to collect any horseshoe crabs at any time from a horseshoe crab sanctuary except as provided in Regulation 3203 section 2.0.

1 DE Reg 354 (10/1/97)

1 DE Reg 1412 (4/1/98)

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3210 Horseshoe Crab Reporting Requirements (Formerly S-57 & HC-10)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 It shall be unlawful for any person who has been issued a horseshoe crab dredge permit, a horseshoe crab commercial collecting permit or a commercial eel pot license to not report his/her harvest of horseshoe crabs to the Department on a weekly daily basis. Said weekly daily reports shall not be required to be submitted to the Department during any month said person indicates previously in writing to the Department that he/she will not be harvesting horseshoe crabs. Any person required to submit a weekly daily report on his/her harvest of horseshoe crabs to the Department shall submit said report on or before 4:30PM on the Monday following the week covered by said report. If Monday is a legal State holiday, said report shall be submitted on or before 4:30PM on Tuesday, next ensuing phone in said report within 24 hours of said harvesting. For purposes of this section, a week shall commence at 12:01AM on Monday and conclude at midnight on Sunday, next ensuing. Said report shall include but not be limited to said person's unique identification number assigned by the Department, the dates and location horseshoe crabs were harvested, the number and sex of horseshoe crabs harvested and the method of harvest of horseshoe crabs. Said report shall be submitted to the Department by telephone by calling a phone number, dedicated by the Department for the reporting of harvested horseshoe crabs, and entering the required data by code or voice as indicated.

2.0 Any person who fails to submit a weekly daily report on his/her harvest of horseshoe crabs to the Department on time shall have his/her permit to dredge or his/her permit or authority to collect horseshoe crabs suspended until all delinquent reports on harvested horseshoe crabs are received by the Department.

3.0 In addition to the requirement to phone in weekly daily catch reports, horseshoe crab collectors and harvesters and commercial eel fishermen are required to compile and file monthly log sheets detailing daily landings of horseshoe crabs on forms supplied by the Department. These forms must be submitted by the 10th day of the month next ensuing. Failure to submit these monthly reports on a timely basis may be cause for horseshoe crab collecting or horseshoe crab dredge permit revocation or non-renewal of said permit the following year; or in the case of a commercial eel licensee, forfeiture of permission to possess or use horseshoe crabs as bait for the remainder of the year.

1 DE Reg 1413 (4/1/98)

3 DE Reg 1567 (5/1/00)

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3211 Horseshoe Crab Commercial Collecting Permit Eligibility And Renewal Requirements (Formerly S-59 & HC-11)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 The Department may only issue a horseshoe crab commercial collecting permit to a person who makes application for such a permit in calendar year 1998, and who, prior to July 1, 1997, had applied for and secured from the Department at least 2 valid horseshoe crab commercial collecting permits. Any person holding a horseshoe crab commercial collecting permit in 1998 may apply for renewal of their horseshoe crab commercial collecting permit by April 1 December 31 each year. If any person holding a horseshoe crab commercial collecting permit from the previous year fails to apply for renewal of their horseshoe crab commercial collecting permit by April 1 December 31 in any given calendar year, they forfeit their eligibility to obtain a horseshoe crab commercial collecting permit in the future subsequent years.

1 DE Reg 1413 (4/1/98)

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3212 Prohibitions; Sale Of Horseshoe Crabs (Formerly S-60 & HC-12)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 It shall be unlawful for any person who collects or dredges horseshoe crabs, except a person with a valid horseshoe crab commercial collecting permit or a person with a valid horseshoe crab dredge permit, to sell, trade and/or barter or to attempt to sell, trade and/or barter any horseshoe crab."

1 Reg 1413 (4/1/98)

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3213 Collecting Horseshoe Crabs At Night, Prohibited (Formerly S-61 & HC-13)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 It shall be unlawful for any person with a valid commercial eel fishing license to collect horseshoe crabs between sunset and sunrise."

3 DE Reg 1092 (2/1/00)

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3214 Horseshoe Crab Annual Harvest Limit (Formerly S-62 & HC-14)

(Suspended effective January 1, 2007, See 3215 Horseshoe Crab Harvest Moratorium)

(Penalty Section 7 Del.C. §1912)

1.0 The annual harvest limit for horseshoe crabs taken and/or landed in the State shall be 150,000 100,000 male horseshoe crabs for a period of two years beginning January 1, 2007 or whatever the Atlantic States Marine Fisheries Commission has approved as Delaware's current annual quota, whichever number is less. No female horseshoe crabs may be taken/landed at any time.

2.0 When the Department has determined that the annual horseshoe crab quota has been met, the Department shall order the horseshoe crab fishery closed and no further horseshoe crabs may be taken during the remainder of the calendar year.

7 DE Reg. 220 (8/1/03)

10 DE Reg. 1029 (12/01/06)

3215 Horseshoe Crab Harvest Moratorium

1.0 Under the Department's authority granted in §2701(a) of 7 Del.C. to administer a program for the conservation and management of horseshoe crabs, it shall be unlawful for anyone, except as specified in §2702 and §2704(b) of 7 Del.C., to collect by means of a dredge or to collect or attempt to collect by any means any horseshoe crab or parts thereof from Delaware lands or waters for a period of two consecutive years beginning January 1, 2007. It shall further be unlawful to land from a vessel in Delaware any horseshoe crabs taken from outside of Delaware's jurisdiction for a period of two years beginning January 1, 2007. For the two-year term of this harvest moratorium, all other horseshoe crab regulations are suspended, except for Horseshoe Crab Regulation 3202. Those persons holding horseshoe crab collecting permits in 2006 shall retain their eligibility to apply for a commercial horseshoe crab collecting permit once the fishery is re-opened and must do so by December 31 of each year once the fishery is re-opened, or forfeit their eligibility to obtain a horseshoe crab commercial collecting permit in subsequent years.

10 DE Reg. 1029 (12/01/06)

11 DE Reg. 685 (11-01-07)(Final)