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This entry was published on 2020-04-24
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SECTION 13-0331
Crabs; permit to take; prohibited acts
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 13, TITLE 3
§ 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
"commercial 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.

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
twenty-three, 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, requirements 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
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 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.