Senate Bill S4289

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4289
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL, HARCKHAM -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   extending  certain  provisions  relating to the department of environ-
   mental conservation's regulation of  crabs,  and  to  prohibiting  the
   taking of horseshoe crabs for commercial and biomedical purposes
 
   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 243 of the laws of 2022, is
 amended to read as follows:
   7. The department  may,  until  December  thirty-first,  two  thousand
 [twenty-four]  TWENTY-SEVEN,  fix by regulation measures for the manage-
 ment of crabs of any  kind  including  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
 provisions  of  fishery management plans adopted pursuant to the Federal
 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
   § 2. Subdivisions 1, 7 and 8 of section 13-0331 of  the  environmental
 conservation law, subdivision 1 as amended by chapter 447 of the laws of
 2017,  subdivision 7 as amended by section one of this act, and subdivi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07626-03-5
              

 S. 4289                             2
 
 sion 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] SUCH PERSON 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 twen-
 ty-seven, 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 eligibility therefor,
 recordkeeping requirements, requirements on the amount and type of fish-
 ing  effort  and  gear,  and  requirements  relating  to transportation,
 possession and sale, provided that such regulations are no less restric-
 tive 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. § 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.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  provisions  of section two of this act shall take effect January 1,
 2026.