S T A T E O F N E W Y O R K
________________________________________________________________________
9891
I N A S S E M B L Y
April 26, 2024
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the taking of horseshoe crabs or the eggs of horseshoe
crabs from the waters of this state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 13-0331 of the environmental
conservation law, as amended by chapter 447 of the laws of 2017, is
amended and a new subdivision 9 is added to read as follows:
1. No person shall take crabs[, including horseshoe crabs (Limulus
sp.)] for commercial purposes without first obtaining a permit from the
department. For purposes of this subdivision, a presumption of "commer-
cial purposes" shall be made wherein one takes or lands more than fifty
crabs in any one day or sells or barters or offers for sale or barter
any crabs he or she has taken. Permits shall be issued to individuals
only but may be endorsed for use on a vessel, in which case it shall
cover all persons on board such vessel.
9. A. NO PERSON SHALL, BEGINNING ON JANUARY FIRST, TWO THOUSAND TWEN-
TY-FIVE, TAKE HORSESHOE CRABS (LIMULUS SP.) OR THE EGGS OF HORSESHOE
CRABS, INCLUDING FOR COMMERCIAL PURPOSES, FROM THE WATERS OF THIS STATE.
B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
THE DEPARTMENT MAY AUTHORIZE THE TAKING OF HORSESHOE CRABS BY PERMIT FOR
BONA FIDE EDUCATIONAL OR SCIENTIFIC PURPOSES PROVIDED THE DEPARTMENT
DETERMINES THAT SUCH TAKING WILL NOT CAUSE HARM TO THE HORSESHOE CRAB
POPULATION IN THIS STATE.
§ 2. This act shall take effect January 1, 2025.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14671-03-4