S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10140
 
                           I N  A S S E M B L Y
 
                                May 9, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Glick) --
   read once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the taking of horseshoe crabs for commercial and biomedi-
   cal purposes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1, 7 and 8 of section 13-0331 of the environ-
 mental conservation law, subdivision 1 as amended by chapter 447 of  the
 laws  of  2017,  subdivision  7 as amended by chapter 243 of the laws of
 2022 and subdivision 8 as amended by chapter 21 of the laws of 2018, 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.
   7.  The  department  may,  until  December  thirty-first, two thousand
 [twenty-four] TWENTY-SIX, fix by regulation measures for the  management
 of  crabs  of  any  kind [including], EXCLUDING horseshoe crabs (Limulus
 sp.), including minimum and maximum size limits,  catch  and  possession
 limits,  open and closed seasons including lunar closures, closed areas,
 restrictions on the manner of taking and landing including a prohibition
 on the harvest of crabs in amplexus, requirements for permits and eligi-
 bility therefor, recordkeeping requirements, requirements on the  amount
 and type of fishing effort and gear, and requirements relating to trans-
 portation,  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 compli-
 ance requirements of applicable fishery management plans adopted by  the
 Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15314-02-4
 A. 10140                            2
 
 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] NO  PERSON  SHALL  TAKE  horseshoe  crabs  (Limulus  sp.)
 [pursuant  to  subdivision seven of this section, consult with any town,
 village or county that requests any municipal property be subject  to  a
 harvest  closure], INCLUDING FOR COMMERCIAL OR BIOMEDICAL PURPOSES, FROM
 THE WATERS OF THIS STATE.  PROVIDED HOWEVER THAT THIS SECTION SHALL  NOT
 APPLY  TO  THE  TAKING  OF  HORSESHOE  CRABS (LIMULUS SP.) FOR BONA FIDE
 SCIENTIFIC OR EDUCATIONAL PURPOSES INCLUDING, BUT NOT LIMITED TO, PUBLIC
 OR NOT-FOR-PROFIT ZOOS AND AQUARIA, AS DETERMINED  BY  THE  COMMISSIONER
 PURSUANT TO RULES AND REGULATIONS.
   § 2. This act shall take effect January 1, 2025.