S T A T E O F N E W Y O R K
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5021
2013-2014 Regular Sessions
I N A S S E M B L Y
February 14, 2013
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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 289 of the laws of 2011, 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.
LBD08842-01-3
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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
fifteen, 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 ANOTHER
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 or before January 1, 2013.
S 6. This act shall take effect immediately, except that sections one,
two, three and four of this act shall take effect January 1, 2013.