The Division of Fish and Wildlife will conduct a public hearing (Docket #2023-R-F-0020) on proposed amendments to the state’s lobster regulations. Public comment period closed.

This proposed revision of 7 DE Admin. Code 3755 Lobsters (Homarus americanus) is being proposed to comply with the Atlantic States Marine Fisheries Commission’s Addendum XXIX to Amendment 3 to the American Lobster Fishery Management Plan (FMP), which requires all vessels with federal lobster permits to install and maintain an electronic tracking device that will transmit location data while the vessel is in the water. The Fishery Management Plan is requiring the electronic trackers because the trackers are now required by a NOAA Fisheries federal regulation intended to reduce interactions between fishing boats and gear and the endangered North Atlantic Right Whale.

The proposed amendments may be inspected online starting December 1, 2023 at regulations.delaware.gov/services/current_issue.shtml, or in-person, by appointment only, by contacting John Clark by phone at 302-739-9914 or by email at John.Clark@delaware.gov.

Those wishing to offer verbal comments during DNREC public hearings must pre-register no later than noon of the date of the virtual hearing at de.gov/dnreccomments or by telephone at 302-739-9001.

Public comments will be received until close of business Friday, January 5, 2024. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, or by using the online form at de.gov/dnreccomments, or by U.S. mail to address on this page.

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report
– Appendix A: Proposed Amendments (7 DE Admin. Code 3755)
– Appendix B: Technical Response Memorandum (January 11, 2024)

Secretary’s Order No: 2024-F-0001 — Approving Final Amendments to 7 DE Admin. Code 3755: Lobsters (Homarus americanus)
Effective Date: March 11, 2024

DNREC Exhibits

Exhibit 1: Start Action Notice 2023-10 (Oct. 17, 2023)

Exhibit 2: Regulatory Flexibility Analysis and Impact Statement Form (Dec. 1, 2023)

Exhibit 3: Delaware Register of Regulations Notice (27 DE Reg. 410) (Dec. 1, 2023)

Exhibit 4: Legal Notice and Affidavit as published in the News Journal on Dec. 1, 2023

Exhibit 5: Legal Notice and Affidavit as published in the State News on Dec. 1, 2023

Exhibit 6: Public Hearing Notice as published on the DNREC website on Dec. 1, 2023

Exhibit 7: Public Hearing Calendar Notice as published on the State Public Meeting Calendar on Dec. 15, 2023

Exhibit 8: Public Hearing Event Page on the DNREC calendar of events (This page)

Exhibit 9: Email notification of the hearing sent to Delaware’s federal lobster permit holders (Dec. 18, 2023)

Exhibit 10: Notification of the hearing posted on the DNREC Div. of Fish and Wildlife Facebook page (Dec. 19, 2023)

Exhibit 11: DNREC Presentation

Public Comments

Andrew Cox (Dec. 19, 2023)