S T A T E   O F   N E W   Y O R K
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                                  8090

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

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
  extending  the  authority of the department of environmental conserva-
  tion to manage horseshoe  crabs;  and  providing  for  the  repeal  of
  certain provisions upon expiration thereof

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

  Section 1. Subdivision 7  of  section  13-0331  of  the  environmental
conservation  law,  as  amended  by  chapter 289 of the laws of 2011, is
amended to read as follows:
  7. The department  may,  until  December  thirty-first,  two  thousand
[fifteen]  SEVENTEEN,  fix  by regulation measures for the management of
crabs of any kind 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, require-
ments for permits and eligibility therefor, recordkeeping  requirements,
requirements  on  the  amount  and  type of fishing effort and gear, and
requirements 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 Commis-
sion 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. As part of the management and conservation measures authorized in
section one of this act as pertains to horseshoe crabs,  the  department
of environmental conservation shall consider the following:
  (a) the use of bait bags in whelk pots;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11552-02-5

              

A. 8090                             2

  (b)  the impacts of establishing seasons during spawning and nonspawn-
ing seasons;
  (c) the impacts of establishing harvest limits based on sex; and
  (d)  ecologically  based consideration of harvest limits and quotas to
include factors such as shore  bird  consumption  based  on  information
collected and used by the Atlantic States Marine Fishery Commission.
  S  3.  This act shall take effect immediately; provided, however, that
section two of this act shall expire and be deemed repealed December 31,
2017.