S T A T E   O F   N E W   Y O R K
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                                  3140

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  limiting the issuance of permits for the taking of horseshoe crabs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1, 2, 3 and 7 of section 13-0331 of the  envi-
ronmental  conservation  law, subdivision 1 as amended by chapter 325 of
the laws of 1999, subdivision 2 as amended by chapter 263 of the laws of
1997, subdivision 3 as amended by chapter 327 of the laws  of  1999  and
subdivision 7 as amended by chapter 152 of the laws of 2007, are amended
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.
  2. [A] EXCEPT AS OTHERWISE PROVIDED IN SECTION 13-0332 OF THIS  TITLE,
A  person  domiciled  within  the  state  may take crabs, for commercial
purposes, from the waters of the state upon first obtaining  a  crabbing
permit from the department.
  a.  The  department  shall prescribe and furnish forms for application
for such permit.
  b. The fee for such crabbing permit shall be thirty dollars.
  3. [A] EXCEPT AS OTHERWISE PROVIDED IN SECTION 13-0332 OF THIS  TITLE,
A  person  not  domiciled  in the state who is domiciled in a state that
provides reciprocal permits or licenses to persons domiciled in New York

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06120-01-9

              

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state may take crabs, for commercial purposes, upon  first  obtaining  a
crabbing permit from the department.
  a.  The  department  shall prescribe and furnish forms for application
for such permit.
  b. The fee for such crabbing permit shall be fifty dollars.
  7. The department may, until December thirty-first, two thousand elev-
en, fix by regulation measures for the management of crabs of any  kind,
NOT  including  horseshoe  crabs  (Limulus  sp.), including size limits,
catch and possession limits, open  and  closed  seasons,  closed  areas,
restrictions  on  the  manner  of  taking  and landing, requirements for
permits and eligibility therefor, recordkeeping  requirements,  require-
ments  on  the  amount and type of fishing effort and gear, and require-
ments relating to transportation, possession  and  sale,  provided  that
such  regulations are no less restrictive than requirements set forth in
this chapter and provided further that such regulations  are  consistent
with  the compliance requirements of applicable fishery management plans
adopted by the Atlantic States  Marine  Fisheries  Commission  and  with
applicable  provisions  of  fishery management plans adopted pursuant to
the Federal Fishery Conservation and Management Act (16 U.S.C. S 1800 et
seq.).
  S 2. The environmental conservation law is amended  by  adding  a  new
section 13-0332 to read as follows:
S 13-0332. HORSESHOE CRABS; PERMIT TO TAKE; PROHIBITED ACTS.
  1.  NO  PERSON  SHALL  TAKE  ANY  HORSESHOE CRAB (LIMULUS SP.) FOR ANY
PURPOSE WITHOUT FIRST OBTAINING A PERMIT FROM THE DEPARTMENT.
  2. PERMITS SHALL ONLY BE ISSUED:
  A. TO PERSONS PROVIDING PROOF SATISFACTORY TO  THE  COMMISSIONER  THAT
ALL  HORSESHOE  CRABS TAKEN PURSUANT TO SUCH PERMIT WILL BE USED FOR THE
PURPOSES OF ACADEMIC OR MEDICAL RESEARCH; AND
  B. TO SUCH PERSONS,  WHO  HOLD  PERMITS  ISSUED  PURSUANT  TO  SECTION
13-0329  OF  THIS  TITLE, AS THE DEPARTMENT SHALL DETERMINE. EACH PERMIT
ISSUED PURSUANT TO THIS PARAGRAPH SHALL LIMIT THE HOLDER THEREOF TO  THE
TAKING  OF  SUCH  MAXIMUM  NUMBER OF HORSESHOE CRABS DURING ANY CALENDAR
YEAR AS SHALL BE DETERMINED BY THE DEPARTMENT;  PROVIDED,  HOWEVER  THAT
THE  DEPARTMENT  SHALL NOT IN THE ISSUANCE OF ALL SUCH PERMITS AUTHORIZE
THE TAKING OF AN AGGREGATE OF MORE THAN ONE HUNDRED  THOUSAND  HORSESHOE
CRABS DURING ANY CALENDAR YEAR.
  3.  A  PERSON DOMICILED WITHIN THE STATE MAY TAKE HORSESHOE CRABS FROM
THE WATERS OF THE STATE UPON FIRST OBTAINING A HORSESHOE CRABBING PERMIT
FROM THE DEPARTMENT.
  A. THE DEPARTMENT SHALL PRESCRIBE AND FURNISH  FORMS  FOR  APPLICATION
FOR SUCH PERMIT.
  B. THE FEE FOR SUCH HORSESHOE CRABBING PERMIT SHALL BE THIRTY DOLLARS.
  4. A PERSON NOT DOMICILED IN THE STATE WHO IS DOMICILED IN A STATE MAY
TAKE  HORSESHOE  CRABS  UPON  FIRST OBTAINING A CRABBING PERMIT FROM THE
DEPARTMENT.
  A. THE DEPARTMENT SHALL PRESCRIBE AND FURNISH  FORMS  FOR  APPLICATION
FOR SUCH PERMIT.
  B. THE FEE FOR SUCH HORSESHOE CRABBING PERMIT SHALL BE FIFTY DOLLARS.
  5.   PERMITS  ARE  NOT  TRANSFERABLE  AND  SHALL  EXPIRE  ON  DECEMBER
THIRTY-FIRST FOLLOWING THE DATE OF ISSUE. IF IT APPEARS  IN  THE  PUBLIC
INTEREST,  THE  DEPARTMENT  MAY  SUSPEND  OR CANCEL SUCH PERMITS WITHOUT
PRIOR NOTICE.
  6. FEMALE HORSESHOE CRABS WITH EGGS VISIBLE THEREON,  COMMONLY  CALLED
SPONGE CRABS, OR ANY FEMALE CRABS FROM WHICH THE EGG POUCH OR BUNION HAS
BEEN  REMOVED, SHALL NOT BE TAKEN, POSSESSED, TRANSPORTED OR OFFERED FOR

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SALE AT ANY TIME BY ANY PERSON ISSUED A PERMIT PURSUANT TO  PARAGRAPH  B
OF SUBDIVISION TWO OF THIS SECTION.
  7.  HORSESHOE  CRABS  SHALL  NOT BE TAKEN BY DREDGING IN THE WATERS OF
RICHMOND COUNTY; HEMPSTEAD BAY AND SOUTH OYSTER BAY  IN  THE  COUNTY  OF
NASSAU;  OR  IN  THE WATERS OF GREAT SOUTH BAY WEST OF CAPTREE BRIDGE IN
THE COUNTY OF SUFFOLK.
  8. THE DEPARTMENT MAY, BY REGULATION, ADOPT MEASURES FOR  THE  MANAGE-
MENT  OF  HORSESHOE  CRABS (LIMULUS SP.). SUCH MEASURES MAY INCLUDE SIZE
LIMITS,  CATCH  AND  POSSESSION  LIMITS,  OPEN   AND   CLOSED   SEASONS,
RESTRICTIONS  ON  THE  AMOUNT  AND  TYPE OF FISHING EFFORT AND GEAR, AND
REQUIREMENTS RELATING TO TRANSPORTATION,  POSSESSION,  SALE,  LICENSING,
RECORDKEEPING  AND  REPORTING,  PROVIDED  SUCH  REGULATIONS  ARE NO LESS
RESTRICTIVE THAN REQUIREMENTS SET FORTH IN  THIS  CHAPTER  AND  PROVIDED
FURTHER THAT SUCH REGULATIONS FOR HORSESHOE CRAB ARE CONSISTENT WITH THE
INTERSTATE  FISHERY  MANAGEMENT  PLAN  FOR HORSESHOE CRAB ADOPTED BY THE
ATLANTIC STATES MARINE FISHERIES COMMISSION.
  S 3. Subdivision 8 of section 13-0335 of the  environmental  conserva-
tion  law,  as  added  by chapter 582 of the laws of 1987, is amended to
read as follows:
  8. The provisions of sections 13-0311, 13-0329, 13-0331,  13-0332  and
13-0333  of this title shall be applicable to lobsters, crabs, shellfish
and menhaden and no license therefor shall be required pursuant to  this
section.
  S  4. The opening paragraph of subdivision 8 of section 71-0923 of the
environmental conservation law, as amended by chapter 284 of the laws of
2004, is amended to read as follows:
  Any violation of sections 13-0329, 13-0330, 13-0331, 13-0332, 13-0333,
13-0334, 13-0335, subdivision one of section 13-0337, 13-0338,  13-0339,
13-0339-a,  13-0340,  13-0340-a  through  13-0340-g,  13-0341,  13-0342,
13-0343, 13-0347, and 13-0349 of this  chapter,  or  of  any  regulation
adopted  pursuant  to  the  foregoing  sections,  shall be punishable by
imprisonment of not more than fifteen days or by a fine of  the  greater
of two hundred fifty dollars or:
  S 5. The commissioner of environmental conservation and the department
of environmental conservation are immediately directed to promulgate all
rules  and  regulations, and take any actions necessary to implement all
provisions of this act on January 1, 2010.
  S 6. This act shall take effect immediately, except that sections one,
two, three and four of this act shall take effect January 1, 2010.