NY State Senate Bill 2015-S4832A

Senate Bill S4832A

2015-2016 Legislative Session

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

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2016	print number 4832a
Jan 15, 2016	amend and recommit to environmental conservation
Jan 06, 2016	referred to environmental conservation
Apr 20, 2015	referred to environmental conservation

Bill Amendments

Original

A (Active)

2015-S4832 - Details

See Assembly Version of this Bill:: A6308
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7578
2011-2012: A5481
2013-2014: A5611
2017-2018: S62
2019-2020: S48
2021-2022: S684
2023-2024: S3185

2015-S4832 - Summary

Establishes a 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.

2015-S4832 - Sponsor Memo

                                BILL NUMBER:S4832

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
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

This legislation proposes to limit the issuance of permits for the
taking of horseshoe crabs, prohibiting the department of environmental
conservation from allowing the removal of more than 100,000 crabs
during any calendar year. Those that are taken must be used for the
purposes of medical or academic research.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation will add a new section 13-0332 to the environmental
conservation law, which prohibits the removal of horseshoe crabs from
New York State waters for purposes other than medical or academic
research, and prohibits the removal of all female horseshoe crabs with
visible eggs. Exceptions can be granted for those who already hold
permits for removal of lobsters from New York State waters. This

legislation would also prohibit the dredging of waters in Richmond
County, Hempstead Bay and South Oyster Bay in the county of Nassau,
and the waters of the Great South Bay West of the Captree Bridge in
the county of Suffolk.

JUSTIFICATION:

Horseshoe Crabs are a vital part of the ecosystem in the waters off
the coast of New York State. Unfortunately, their population has been
drastically depleted by commercial fishermen who catch these crabs for
use as bait. If they are not protected, the effects could be
disastrous to the migratory birds and other sea life that rely on them
for nourishment.

The red knot, a migratory bird that nests in the Arctic, relies on the
eggs of the horseshoe crab as fuel for their journey. These birds feed
almost exclusively on horseshoe crab eggs during this leg of their
migration. With the diminishing crab population, the average weight of
the red knot en route to its nesting place has dropped noticeably.
Without enough nourishment, they do not have the stamina to make the
journey and hatch fledglings. Significantly fewer are being seen over
the waters off the coast of New York, New Jersey and Delaware, and
even less are making it to their final destination. The annual
survival rate of red knots has dropped over 25% between 1999 and 2002.

Harvesting of some horseshoe crabs is necessary, because of their
medicinal value. The crab plays a vital, yet little-known, role in the
life of anyone who has received an injectable medication. An extract
of the horseshoe crab's blood is used by the pharmaceutical and
medical device industries to ensure that their products, e.g.,
intravenous drugs, vaccines, and medical devices, are free of


bacterial contamination. No other test works as easily or reliably for
this purpose.

New Jersey and Delaware have proposed similar plans to preserve the
horseshoe crab population. In order for this effort to be successful,
New York State must also do their part to limit the harvesting in its
waters.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4832 - Bill Text download pdf

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

                                  4832

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 20, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 expiration
  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.
                                                           LBD10018-01-5

S. 4832                             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, 2020, 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, 2020, 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, 2021.

2015-S4832A (ACTIVE) - Details

See Assembly Version of this Bill:: A6308
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7578
2011-2012: A5481
2013-2014: A5611
2017-2018: S62
2019-2020: S48
2021-2022: S684
2023-2024: S3185

2015-S4832A (ACTIVE) - Summary

Establishes a 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.

2015-S4832A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4832A

 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 expiration thereof

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation proposes to limit the issuance of permits for the
taking of horseshoe crabs, prohibiting the department of environmental
conservation from allowing the removal of more than 100,000 crabs
during any calendar year. Those that are taken must be used for the
purposes of medical or academic research.

 SUMMARY OF SPECIFIC PROVISIONS :

This legislation will add a new section 13-0332 to the environmental
conservation law, which prohibits the removal of horseshoe crabs from
New York State waters for purposes other than medical or academic
research, and prohibits the removal of all female horseshoe crabs with
visible eggs. Exceptions can be granted for those who already hold
permits for removal of lobsters from New York State waters. This
legislation would also prohibit the dredging of waters in Richmond
County, Hempstead Bay and South Oyster Bay in the county of Nassau,

and the waters of the Great South Bay West of the Captree Bridge in
the county of Suffolk.

 JUSTIFICATION :

Horseshoe Crabs are a vital part of the ecosystem in the waters off
the coast of New York State. Unfortunately, their population has been
drastically depleted by commercial fishermen who catch these crabs for
use as bait. If they are not protected, the effects could be
disastrous to the migratory birds and other sea life that rely on them
for nourishment.

The red knot, a migratory bird that nests in the Arctic, relies on the
eggs of the horseshoe crab as fuel for their journey. These birds feed
almost exclusively on horseshoe crab eggs during this leg of their
migration. With the diminishing crab population, the average weight of
the red knot en route to its nesting place has dropped noticeably.
Without enough nourishment, they do not have the stamina to make the
journey and hatch fledglings. Significantly fewer are being seen over
the waters off the coast of New York, New Jersey and Delaware, and
even less are making it to their final destination. The annual
survival rate of red knots has dropped over 25% between 1999 and 2002.

Harvesting of some horseshoe crabs is necessary, because of their
medicinal value. The crab plays a vital, yet little-known, role in the
life of anyone who has received an injectable medication. An extract
of the horseshoe crab's blood is used by the pharmaceutical and
medical device industries to ensure that their products, e.g.,
intravenous drugs, vaccines, and medical devices, are free of
bacterial contamination. No other test works as easily or reliably for
this purpose.

New Jersey and Delaware have proposed similar plans to preserve the
horseshoe crab population. In order for this effort to be successful,
New York State must also do their part to limit the harvesting in its
waters.

 PRIOR LEGISLATIVE HISTORY :

None.
 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately. And shall expire and be deemed
repealed January 1, 2022.

2015-S4832A (ACTIVE) - Bill Text download pdf

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

                                 4832--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 20, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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 expiration
  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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10018-02-6

S. 4832--A                          2

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.
  (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, 2021, 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, 2021, 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, 2022.

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