The DNREC Division of Fish and Wildlife will conduct a public hearing (Docket #2023-R-F-0001) regarding proposed revisions to the Horseshoe Crab Regulations. Public comment period closed.

The Division proposes to revise the Horseshoe Crab Regulations (7 DE Admin. Code 3200) to comply with the Atlantic States Marine Fisheries Commission’s recently approved Addendum VIII to the Horseshoe Crab Fishery Management Plan.

The changes include updating the annual harvest limit setting process, revising daily possession limits, clarifying the definition of legal harvest methods, defining the circumstances that will require a horseshoe crab dredge lottery, and modifying the dredge lottery process.

The proposed amendments may be inspected online starting March 1, 2023, at in the Delaware Register of Regulations or in-person, by appointment only, by contacting John Clark, by phone at 302-739-9914 or by email.

The Department will accept public comment through the close of business on April 7, 2023. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address on this page.

Transcript

Public Hearing Transcript

Hearing Officer’s Report

Secretary’s Order No. 2023-F-0010 — Approving Final Amendments to 7 DE Admin. Code 3200 – Horseshoe Crabs (Effective Date: June 11, 2023)

DNREC Exhibits

Exhibit 1: Draft meeting minutes from the January 9, 2023 meeting of the Council on Shell Fisheries, which include the Council’s recommendations to the Division of Fish and Wildlife on this regulatory action.

Exhibit 2: A copy of approved Start Action Notice #2023-01 pertaining to the proposed amendments.

Exhibit 3: A copy of the Regulatory Flexibility Analysis/Regulatory Impact Statement, corresponding to the proposed action and as published in the November 1, 2022 Delaware Register of Regulations.

Exhibit 4: A copy of Register Notice SAN #2023-01 and the proposed amendment to 7 DE Admin. Code 3200 Horseshoe Crabs, as published in the March 1, 2023 Delaware Register of Regulations.

Exhibit 5: Evidence for the publication of the legal notice regarding the proposed amendments to 7 DE Admin. Code 3200 Horseshoe Crabs in the Delaware State News and Wilmington News Journal on March 2, 2023.

Exhibit 6: Notice of this public hearing as it appeared on Delaware’s Statewide Calendar and posted February 21, 2023.

Exhibit 7: Notice of this public hearing as it appears on DNREC’s Public Hearings website. (This page)

Exhibit 8: Additional noticing regarding tonight’s hearing on the proposed amendment to 7 DE Admin. Code 3200 Horseshoe Crabs sent by email on March 9, 2023 to the Fisheries List Serve and those commercial fishermen who registered to receive notices from the Fisheries Section through BlackBoardConnect, and as posted on March 9, 2023 on the Division’s Facebook page.

Exhibit 9: A copy of a presentation on proposed amendments to 7 DE Admin. Code 3200 Horseshoe Crabs.

Public Comments

Harvey Yenkinson (March 23, 2023)

Ronald Simpson (March 31, 2023)