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DEL. BAY WATERMAN'S ASS'N v. DEPT. OF ENVTL. PROTECTION

304 N.J. Super. 20 (1997)

DELAWARE BAY WATERMAN'S ASSOCIATION OF NEW JERSEY, A NON-PROFIT CORPORATION; CHARLES F. BURKE, JR., JOHN KING, FRED LAYTON, JR., KENNETH W. BAILEY, ROBERT BATEMAN, JAMES J. NASH, JEFFREY W. NACE, ALEXANDER T. OGDEN, III, AND LANCE NAYLOR, APPELLANTS, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 20, 1997.

Attorney(s) appearing for the Case

Richard M. Hluchan argued the cause for appellants (Levin & Hluchan, P.C., and Clement F. Lisitski, P.C., attorneys; Mr. Hluchan, of counsel and on the brief; Richard S. Morrison, on the brief).

Howard Geduldig argued the cause for respondent (Peter Verniero, Attorney General, attorney for respondent; Mr. Geduldig and Catherine Tormey, Deputy Attorney Generals, on the brief).

Before Judges KLEINER and BRAITHWAITE.

PER CURIAM.

On May 30, 1997, the Department of Environmental Protection (DEP) issued a sixty-day emergency amendment, pursuant to N.J.S.A. 52:14B-4(c), part of the Administrative Procedures Act (APA). The emergency amendment created a total ban on the taking of horseshoe crabs. Then on July 29, 1997, the DEP issued another emergency amendment, extending the ban on taking horseshoe crabs for another sixty days...

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