S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6682
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 13, 2017
                                ___________
 
 Introduced  by  Sens. LAVALLE, AVELLA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   taking of crabs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 13-0331 of the environmental conservation  law,  as
 amended  by chapter 365 of the laws of 1994, 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 226 of the laws of 2015,
 is amended to read as follows:
 § 13-0331. Crabs; permit to take; prohibited acts.
   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 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  person  not  domiciled in the state who is domiciled in a state
 that provides reciprocal permits or licenses to persons domiciled in New
 York state may take crabs, for commercial purposes, upon first obtaining
 a crabbing permit from the department.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11984-04-7

 S. 6682                             2
 
   a. The department shall prescribe and furnish  forms  for  application
 for such permit.
   b. The fee for such crabbing permit shall be fifty dollars.
   4.  Permits  are  not  transferable  and  shall  expire on December 31
 following the date of issue. If it appears in the public  interest,  the
 department may suspend or cancel such permits without prior notice.
   5.  Female  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 sale
 at any time.
   6. 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.
   7. The department  may,  until  December  thirty-first,  two  thousand
 [seventeen]  EIGHTEEN,  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. § 1800 et seq.).
   8. THE DEPARTMENT SHALL, WHEN ADOPTING  REGULATION  MEASURES  FOR  THE
 MANAGEMENT  OF  HORSESHOE  CRABS  (LIMULUS  SP.) PURSUANT TO SUBDIVISION
 SEVEN OF THIS SECTION, COOPERATE WITH ANY TOWN, VILLAGE OR  COUNTY  THAT
 REQUESTS ANY MUNICIPAL PROPERTY BE SUBJECT TO A HARVEST CLOSURE.
   § 2. This act shall take effect January 1, 2018.