Horseshoe Crab Regulations

September 14, 2007

The Honorable John A. Hughes
Secretary, Department of Natural Resources and Environmental Control
89 Kings Highway
Dover, Delaware 19901

Dear Secretary Hughes:

I write to resubmit comments made previously on the Department’s Horseshoe Crab Regulations promulgated in 2006. These comments are still germane and relevant for consideration relative to the “new Horseshoe Crab Emergency Harvest and Limit Regulations” going to public hearing on September 24, 2007. In addition to these comments I am offering several new comments for your consideration related to this issue. New to are comments are the following:

The Department should consider eliminating the dredge fishery for horseshoe crabs. By eliminating this fishery the Department will eliminate the by-catch mortality of female horseshoe crabs and other non target organisms entirely. To offset the loss of this fishery we would encourage the Department to consider expanding the hand harvest of horseshoe crabs from beaches after the shorebirds have left as a way for harvesters to meet the annual harvest of 100,000 male-only crabs as proposed in your regulations. This approach would ensure zero by-catch of female horseshoe crabs.

Though we are mindful that this regulatory process is specific to conditions that exist in the Delaware Bay we would be remiss if we did not encourage the Department to look beyond its borders in the protection of migratory shorebirds. To this end we request that the Department become involved in the Southern Wings Programs being promoted by the Association of Fish and Wildlife Agencies. We believe that your involvement, participation, and leadership in this evolving program that seeks to protect migratory bird habitats throughout their range has the potential to enhance shorebird conservation at a scale similar to what the North American Wetland Conservation Act has done for waterfowl and wetland conservation in United States, Mexico and Canada. Andrew Manus, Director of Conservation Programs and I would be happy to brief you on this program and the legacy potential it holds.

As previously noted we are resubmitting our comments on the proposed modifications to Delaware’s horseshoe crab regulations which govern collecting season, dredging, reporting, commercial collecting permit and annual harvest limit. It is my understanding that both of the two regulatory options offered meet the requirements under the Interstate Fishery Management Plan for Horseshoe Crabs as administered by the Atlantic States Marine Fisheries Commission. In reviewing the options that the Division generated we are mindful that you are driven to systematically and strategically use the best science to manage toward tangible and lasting results for both horseshoe crabs and shorebirds. We applaud you for making this effort and trust that after receiving additional public input, the Department will make a reasonable and responsible decision based upon the science.

Given the serious and continuing decline of many shorebird species, particularly the Red Knot, The Nature Conservancy recommends the Delaware Division of Fish and Wildlife adopt the most conservative position with respect to management of the Delaware Bay horseshoe crab resource. We recommend your consideration to adopt a two-year harvesting ban for the 2007 and 2008 seasons at this time.

If the moratorium is the preferred public and Department management option, The Nature Conservancy encourages consideration that a "compensation like provision" be provided. A straight compensation deal is a very dicey and precedent setting decision in fisheries. This could take the form of a buy-out program to fishermen on a pro-rated basis (more money up front in year one and less in year two) that would permanently retire horseshoe crab licenses from willing sellers and would eliminate the pressure on the fishery when it re-opens.

Please note that in our review of the options we assessed the impact that both regulatory options would have on the management of The Nature Conservancy’s properties within the State along the Delaware Bay and Atlantic Coast. For the record, all of our lands are enrolled in the State sanctuary program where no harvest of horseshoe crabs is allowed. Both options will allow us to continue to manage our lands as “no take sanctuaries” thereby allowing important spawning areas for horseshoe crabs and undisturbed feeding sites for shorebirds during the annual spring migration.

Additionally, TNC continues to work closely with a number of non-profit organizations, state and federal agencies on horseshoe crab and shorebird management issues. Chapter staff and volunteers work closely with the Delaware Bay Shorebird Monitoring Network and actively participate in regional beach census of the Delaware Bay's spawning horseshoe crab population organized by the University of Delaware’s Sea Grant Program. This work is important in making sure that the best biological information is made available to resource managers to sustain or increase horseshoe crab populations, protect critical shorebird stopover and feeding habitats, and reduce disturbances to red knots and other shorebirds. Both of the regulatory options offered will allow this type of collaborative work to continue in a way that will benefit the resource.

I thank you for the opportunity to comment.

Sincerely,

Roger L. Jones, Jr.
State Director

Cc: TNC – Delaware Board of Trustees
Andrew Manus