Senate Bill S8823

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8823
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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
   department of environmental conservation's regulation of crabs; and to
   amend  a  chapter  of  the  laws  of  2025, amending the environmental
   conservation law relating to extending certain provisions relating  to
   the  department  of  environmental conservation's regulation of crabs,
   and to prohibiting the taking of horseshoe crabs  for  commercial  and
   biomedical  purposes, as proposed in legislative bills numbers S. 4289
   and A. 4997, in relation to the effectiveness thereof;  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 section 1 of a chapter of the laws of
 2025, amending the environmental conservation law relating to  extending
 certain provisions relating to the department of environmental conserva-
 tion's  regulation  of crabs, and to prohibiting the taking of horseshoe
 crabs for commercial and biomedical purposes, as proposed in legislative
 bills numbers S. 4289 and A. 4997, is amended to read as follows:
   7. The department  may,  until  December  thirty-first,  two  thousand
 [twenty-seven]  TWENTY-NINE,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07626-04-6
 S. 8823                             2
 
 provisions  of  fishery management plans adopted pursuant to the Federal
 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
   §  2.  Subdivision 7 of section 13-0331 of the environmental conserva-
 tion law, as amended by section 2 of a chapter  of  the  laws  of  2025,
 amending  the  environmental  conservation  law  relating  to  extending
 certain provisions relating to the department of environmental conserva-
 tion's regulation of crabs, and to prohibiting the taking  of  horseshoe
 crabs for commercial and biomedical purposes, as proposed in legislative
 bills numbers S. 4289 and A. 4997, is amended to read as follows:
   7.  The  department  may,  until  December  thirty-first, two thousand
 [twenty-seven] TWENTY-NINE, fix by regulation measures for  the  manage-
 ment  of  crabs  of  any  kind, 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
 provisions of fishery management plans adopted pursuant to  the  Federal
 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
   § 3. The department of environmental conservation is hereby authorized
 and  directed  to  take  any  actions necessary to ensure that any quota
 limiting the taking of horseshoe crabs (Limulus sp.) pursuant to section
 13-0331 of the environmental conservation law shall:
   (1) in 2026, not exceed seventy-five percent of the annual  commercial
 horseshoe  crab  quota  established  by  the department of environmental
 conservation in the 2025 Horseshoe Crab Quota Distribution Plan,  devel-
 oped pursuant to 6 NYCRR 44.3 (b);
   (2)  in  2027,  not  exceed  fifty  percent  of  the annual commercial
 horseshoe crab quota established  by  the  department  of  environmental
 conservation  in  the 2025 Horseshoe Crab Quota Distribution Plan devel-
 oped pursuant to 6 NYCRR 44.3 (b); and
   (3) in 2028, not exceed twenty-five percent of the  annual  commercial
 horseshoe  crab  quota  established  by  the department of environmental
 conservation in the 2025 Horseshoe Crab Quota Distribution Plan,  devel-
 oped pursuant to 6 NYCRR 44.3 (b).
   § 4. Section 3 of a chapter of the laws of 2025, amending the environ-
 mental  conservation law relating to extending certain provisions relat-
 ing to the department  of  environmental  conservation's  regulation  of
 crabs,  and  to prohibiting the taking of horseshoe crabs for commercial
 and biomedical purposes, as proposed in  legislative  bills  numbers  S.
 4289 and A. 4997, is amended to read as follows:
   §  3.  This act shall take effect immediately; provided, however, that
 the provisions of section two of this act shall take effect  January  1,
 [2026] 2029.
   §  5.  This act shall take effect immediately; provided, however, that
 the provisions of sections one and two of this act shall take effect  on
 the  same  date and in the same manner as a chapter of the laws of 2025,
 amending  the  environmental  conservation  law  relating  to  extending
 certain provisions relating to the department of environmental conserva-
 tion's  regulation  of crabs, and to prohibiting the taking of horseshoe
 S. 8823                             3
 
 crabs for commercial and biomedical purposes, as proposed in legislative
 bills numbers S. 4289 and A. 4997, takes effect; and provided,  however,
 that  the  provisions  of  section three of this act shall expire and be
 deemed repealed January 1, 2029.