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Bernie’s Conchs v. DNREC

Date: August 11, 2011

Delaware Superior Court, Sussex County

Fishermen in Delaware who harvest horseshoe crabs are in danger of losing their jobs due to Regulation 3215, which took effect January 1, 2007.  The law imposes a two—year moratorium on the harvesting of horseshoe crabs.  The National Federation of Independent Business Small Business Legal Center is supporting a Delaware fisherman trying to protect his business who went to court to challenge this regulation under the Delaware Regulatory Flexibility Act (DRFA).  The DRFA requires state agencies to consider how burdensome any regulation will potentially be to small businesses. 

Status:  DECIDED.  Motion to file amicus brief in support of Bernie’s Conchs granted on 03/28/07.  Amicus brief filed on 03/28/07.  Court ruled in favor of the fishermen and dismissed the moratorium.

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