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DELAWARE BAY WATERMAN'S v. N.J. DEPT. OF ENVIR. PROT.

153 N.J. 345 (1998)

709 A.2d 192

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-RESPONDENTS, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 7, 1998.

Attorney(s) appearing for the Case

Jaynee LaVecchia, Assistant Attorney General, argued the cause for appellant (Peter Verniero, Attorney General of New Jersey, attorney; Ms. LaVecchia and Joseph L. Yannotti, Assistant Attorney General, of counsel; Howard L. Geduldig, Catherine A. Tormey and Judeth Piccinini Yeany, Deputy Attorneys General, on the briefs).

Richard M. Hluchan, argued the cause for respondents (Levin & Hluchan, attorneys; Richard S. Morrison, on the brief).

Senator James S. Cafiero, Assemblyman Nicholas Asselta and Assemblyman John C. Gibson, submitted a brief on behalf of amici curiae pro se.

PER CURIAM.

This appeal concerns a ban on the harvesting of horseshoe crabs imposed by the New Jersey Department of Environmental Protection (DEP) on July 29, 1997. This ungainly creature is one of nature's marvels.

Ugliness is nature's great gift to the horseshoe crab. It looks like a cross between a lobster and a Sherman tank, with a steel helmet of a shell and enough barbs and spikes to deter most predators. Get past the armor and there's little to eat...

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