NY State Senate Bill 2009-S5070

Senate Bill S5070

2009-2010 Legislative Session

Establishes a 5 year moratorium on the taking of horseshoe crabs or the eggs of horseshoe crabs by any person

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Apr 27, 2009	referred to environmental conservation

2009-S5070 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation

2009-S5070 (ACTIVE) - Summary

Establishes a 5 year moratorium on the taking of horseshoe crabs or the eggs of horseshoe crabs by any person, unless such taking is for scientific or educational purposes.

2009-S5070 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5070

 TITLE OF BILL :
An act to impose a moratorium upon the taking of horseshoe crabs and
the eggs thereof; to direct the department of environmental
conservation to study and report on the populations of shorebirds and
horseshoe crabs; and providing for the repeal of such provisions upon
the expiration thereof


 PURPOSE OR GENERAL IDEA OF THE BILL :
Establishes a 5 year moratorium on the taking of horseshoe crabs or
the eggs of horseshoe crabs by any person

 SUMMARY OF PROVISIONS :
No person shall take any horseshoe crab or the eggs of any horseshoe
crab from the waters or land of the state, nor possess any horseshoe
crab or the egg of a horseshoe crab, regardless of the origin.

The department of environmental conservation may issue a permit for
the taking and possession of horseshoe crabs or the eggs of horseshoe
crabs for scientific, biomedical or educational purposes only,
provided that such department determines that the collection of the
horseshoe crabs or the eggs of the horseshoe crabs for such purposes
will not cause harm to the red knot, other shorebirds or the horseshoe
crab population; or the collection of blood from the horseshoe crabs

for biomedical purposes, provided that the horseshoe crabs are
released otherwise unharmed to the same waters from which they were
taken.

The department of environmental conservation shall examine and
evaluate the population of red knots, other shorebirds and horseshoe
crabs in the state to determine whether the population of red knots
has reached 240.000 and a fisheries management plan, based on
scientific study and evidence, demonstrates that a more than adequate
supply of horseshoe crab eggs exists to ensure population viability
for both shorebirds and horseshoe crabs.

The department of environmental conservation shall submit its
findings, conclusions and recommendations to the governor and the
legislature with regard to the study conducted pursuant to this
section.

 JUSTIFICATION :
Each spring more than one million shorebirds of six species, including
the red knot, stop at Long Island beaches and feed upon horseshoe crab
eggs. The red knot was once considered one of the state's most
abundant shorebirds. Horseshoe crab eggs are a critical source of food
for red knots which they consume during their stopover in New York.
Such food source is necessary for the red knots to gain sufficient
weight to continue their migration north to breeding grounds in the
Canadian Artic. Surveys have shown that red knot migration through the
state declined by 65 percent since 2000. Thus, both state and
international biologists fear that the red knot will become extinct in
as few as five years. We have to stop this.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, and shall expire and deemed
repealed January 1, 2015.

2009-S5070 (ACTIVE) - Bill Text download pdf

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

                                  5070

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to impose a moratorium upon the taking of horseshoe crabs and the
  eggs thereof; to direct the department of  environmental  conservation
  to  study  and  report  on the populations of shorebirds and horseshoe
  crabs; and providing for the repeal of such provisions upon the  expi-
  ration thereof

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

  Section 1. Legislative findings. The  legislature  hereby  finds  that
each  spring  more than one million shorebirds of six species, including
the red knot, stop at Long Island beaches and feed upon  horseshoe  crab
eggs.  The red knot was once considered one of the state's most abundant
shorebirds.  Horseshoe  crab  eggs  is a critical source of food for red
knots which they consume during their stopover in New  York.  Such  food
source  is  necessary  for  the  red  knots to gain sufficient weight to
continue their migration north  to  breeding  grounds  in  the  Canadian
Arctic.    Surveys have shown that red knots migrating through the state
declined by 65 percent since 2000. Thus, both  state  and  international
biologists  fear that the red knot will become extinct in as few as five
years.
  The legislature therefore declares that a moratorium on  the  harvest,
landing, taking and possession of horseshoe crabs would help ensure that
more  horseshoe crab eggs will be available as a food source, thus help-
ing to ensure the survival of these shorebirds.
  S 2. (a) Notwithstanding the provisions  of  section  13-0331  of  the
environmental  conservation law or any other provision of law, no person
shall take any horseshoe crab (Limulus sp.) or the eggs of any horseshoe
crab from the waters or land of the state,  nor  possess  any  horseshoe
crab or the eggs of a horseshoe crab, regardless of the origin thereof.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10400-02-9

S. 5070                             2

  (b) Notwithstanding the provisions of subdivision (a) of this section,
the department of environmental conservation may issue a permit:
  (i)  for  the  taking and possession of horseshoe crabs or the eggs of
horseshoe crabs for scientific, biomedical or educational purposes only,
provided that such department determines  that  the  collection  of  the
horseshoe  crabs  or  the eggs of horseshoe crabs for such purposes will
not cause harm to the red knot, other shorebirds or the  horseshoe  crab
population; or
  (ii)  the  collection  of  blood  from  horseshoe crabs for biomedical
purposes, provided that  the  horseshoe  crabs  are  released  otherwise
unharmed to the same waters from which they were taken.
  S  3. (a) On or after October 1, 2014, the department of environmental
conservation shall examine and evaluate the populations  of  red  knots,
other shorebirds and horseshoe crabs in the state to determine whether:
  (i)  the population of red knots has reached 240,000 as established in
the United States Shorebird Conservation Plan of May 2001 and
  (ii) a fisheries  management  plan,  based  on  scientific  study  and
evidence,  demonstrates  that  a  more than adequate supply of horseshoe
crab eggs exists to ensure population viability for both shorebirds  and
horseshoe crabs.
  (b)  On  or  before December 31, 2014, the department of environmental
conservation shall submit its findings, conclusions and  recommendations
to  the  governor and the legislature with regard to the study conducted
pursuant to subdivision (a) of this section.
  S 4. This act shall take effect immediately, and shall expire  and  be
deemed repealed January 1, 2015.

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