Fishermen in Delaware who harvest horseshoe crabs are in danger of losing their jobs due to Regulation 3215, which took effect Jan. 1, 2007. The law imposes a two-year moratorium on the harvesting of horseshoe crabs. The National Federation of Independent Business Legal Foundation is supporting a Delaware fisherman trying to protect his business who went to court to challenge this regulation under the Delaware Regulatory Flexibility Act. The DRFA requires state agencies to consider how burdensome any regulation will potentially be to small businesses.
The NFIB Legal Foundation, on behalf of Delaware's small-business owners, contends that Delaware's Secretary of Division of Natural Resources and Environmental Control violated the DRFA when promulgating and implementing Regulation 3215 by failing to consider the potential burdens the regulation would have on small businesses and any possible exemptions or less stringent standards for compliance by small businesses.
Status: DECIDED. Motion to file amicus brief in support of Bernie's Conchs granted March 28, 2007. Amicus brief filed March 28, 2007. Court ruled in favor of the fishermen and dismissed the moratorium.
