Case Number: SLS No. 041-99
Title: The Horseshoe Crab

Case Files:

• Case (18 pages)
• Exhibit (45 pages)

Author: Josh Eagle, Case Writer; Barton H. (“Buzz”) Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law

Abstract: A staff attorney at Audubon attempts to protect the Horseshoe Crab from unprecedented catch levels. In particular, the attorney must solve the problem of a “loophole” state, Virginia, which decides not to regulate the catch of Horseshoe Crab, after its neighbors, Maryland, Delaware, and New Jersey, adopted catch regulations. The students must strategize about the Audubon lawyer’s options in closing this loophole and ensuring the sustainability of the Horseshoe Crab fishery.

Key Words: Horseshoe Crab, fishery regulation, commercial fishermen, catch levels, landings, loophole, state waters, federal waters, Virginia Marine Resources Commission, Atlantic State Marine Fisheries Commission, horseshoe crab eggs, shorebirds, ecological importance, Atlantic State Marine Fisheries Compact, Atlantic Coastal Fisheries Cooperative Management Act (Coastal Act).