Delaware § 2701 - Authority of the Department.

§ 2701. Authority of the Department.

(a) The Department shall establish and administer a program for the conservation and management of horseshoe crabs. Such program shall include the promulgation of regulations for:

(1) Administration of a permitting system and issuance of permits as defined by this chapter;

(2) Designation of areas for harvest and restriction as necessary to sensitive habitat and public safety;

(3) Definition of acceptable equipment and methods of harvest;

(4) Designation of lawful seasons for collection;

(5) Establishment of limits or the quantities to be harvested; and

(6) Establishment of reporting requirements for all permit holders authorized to take horseshoe crabs.

(b) Before implementing rules and regulations, and any subsequent changes thereto, the Department shall conduct a public hearing on the proposed regulations. The Department shall publish notice of a public hearing in newspapers of general circulation in the State no less than 20 days in advance of the public hearing. Said notice shall include a brief description of the proposed regulation, the time and location of the public hearing and the manner in which the public may respond to the Department on the proposed regulation. The regulations shall be filed with the Secretary of State prior to implementation.

(c) The Department shall be authorized to adopt interim regulations notwithstanding the provisions of subsection (b) of this section in order to implement administrative procedures and the provisions of subsection (a) of this section in a timely manner. These interim regulations may be adopted by the Department for a period not to exceed 90 days. Interim regulations shall become effective upon the date they are filed with the Secretary of State.

(d) The Department shall be further authorized to adopt emergency regulations notwithstanding the provisions of subsection (b) of this section when such regulations are necessary to deal with an actual or eminent threat to the horseshoe crab resources and the fishery thereof. Emergency regulations may be adopted by the Department for a period not to exceed 90 days. As soon as practicable after adoption of emergency regulations hereunder, the Department shall conduct a public hearing on the matter in accordance with subsection (b) of this section for the purpose of implementing regulations. Emergency regulations shall become effective upon the date they are filed with the Secretary of State.

68 Del. Laws, c. 33, §  2;