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A09437 Summary:

BILL NOA09437
 
SAME ASSAME AS S08823
 
SPONSORGlick
 
COSPNSR
 
MLTSPNSR
 
Amd §13-0331, En Con L; amd §3, Chap of 2025 (as proposed in S.4289 & A.4997)
 
Extends DEC's authority to regulate management of crabs; authorizes the department of environmental conservation to take any actions necessary to ensure any quota limiting the taking of horseshoe crabs does not exceed certain thresholds.
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A09437 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9437
 
                   IN ASSEMBLY
 
                                     January 6, 2026
                                       ___________
 
        Introduced  by 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  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:
 
     1    Section 1. Subdivision 7  of  section  13-0331  of  the  environmental
     2  conservation  law,  as  amended by section 1 of a chapter of the laws of
     3  2025, amending the environmental conservation law relating to  extending
     4  certain provisions relating to the department of environmental conserva-
     5  tion's  regulation  of crabs, and to prohibiting the taking of horseshoe
     6  crabs for commercial and biomedical purposes, as proposed in legislative
     7  bills numbers S. 4289 and A. 4997, is amended to read as follows:
     8    7. The department  may,  until  December  thirty-first,  two  thousand
     9  [twenty-seven]  twenty-nine,  fix by regulation measures for the manage-
    10  ment of crabs of any  kind  including  horseshoe  crabs  (Limulus  sp.),
    11  including  minimum and maximum size limits, catch and possession limits,
    12  open  and  closed  seasons  including  lunar  closures,  closed   areas,
    13  restrictions on the manner of taking and landing including a prohibition
    14  on the harvest of crabs in amplexus, requirements for permits and eligi-
    15  bility  therefor, recordkeeping requirements, requirements on the amount
    16  and type of fishing effort and gear, and requirements relating to trans-
    17  portation, possession and sale, provided that such  regulations  are  no
    18  less  restrictive  than  requirements  set  forth  in  this  chapter and
    19  provided further that such regulations are consistent with  the  compli-
    20  ance  requirements of applicable fishery management plans adopted by the
    21  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

        A. 9437                             2
 
     1  provisions  of  fishery management plans adopted pursuant to the Federal
     2  Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
     3    §  2.  Subdivision 7 of section 13-0331 of the environmental conserva-
     4  tion law, as amended by section 2 of a chapter  of  the  laws  of  2025,
     5  amending  the  environmental  conservation  law  relating  to  extending
     6  certain provisions relating to the department of environmental conserva-
     7  tion's regulation of crabs, and to prohibiting the taking  of  horseshoe
     8  crabs for commercial and biomedical purposes, as proposed in legislative
     9  bills numbers S. 4289 and A. 4997, is amended to read as follows:
    10    7.  The  department  may,  until  December  thirty-first, two thousand
    11  [twenty-seven] twenty-nine, fix by regulation measures for  the  manage-
    12  ment  of  crabs  of  any  kind, excluding horseshoe crabs (Limulus sp.),
    13  including minimum and maximum size limits, catch and possession  limits,
    14  open   and  closed  seasons  including  lunar  closures,  closed  areas,
    15  restrictions on the manner of taking and landing including a prohibition
    16  on the harvest of crabs in amplexus, requirements for permits and eligi-
    17  bility therefor, recordkeeping requirements, requirements on the  amount
    18  and type of fishing effort and gear, and requirements relating to trans-
    19  portation,  possession  and  sale, provided that such regulations are no
    20  less restrictive  than  requirements  set  forth  in  this  chapter  and
    21  provided  further  that such regulations are consistent with the compli-
    22  ance requirements of applicable fishery management plans adopted by  the
    23  Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
    24  provisions of fishery management plans adopted pursuant to  the  Federal
    25  Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
    26    § 3. The department of environmental conservation is hereby authorized
    27  and  directed  to  take  any  actions necessary to ensure that any quota
    28  limiting the taking of horseshoe crabs (Limulus sp.) pursuant to section
    29  13-0331 of the environmental conservation law shall:
    30    (1) in 2026, not exceed seventy-five percent of the annual  commercial
    31  horseshoe  crab  quota  established  by  the department of environmental
    32  conservation in the 2025 Horseshoe Crab Quota Distribution Plan,  devel-
    33  oped pursuant to 6 NYCRR 44.3 (b);
    34    (2)  in  2027,  not  exceed  fifty  percent  of  the annual commercial
    35  horseshoe crab quota established  by  the  department  of  environmental
    36  conservation  in  the 2025 Horseshoe Crab Quota Distribution Plan devel-
    37  oped pursuant to 6 NYCRR 44.3 (b); and
    38    (3) in 2028, not exceed twenty-five percent of the  annual  commercial
    39  horseshoe  crab  quota  established  by  the department of environmental
    40  conservation in the 2025 Horseshoe Crab Quota Distribution Plan,  devel-
    41  oped pursuant to 6 NYCRR 44.3 (b).
    42    § 4. Section 3 of a chapter of the laws of 2025, amending the environ-
    43  mental  conservation law relating to extending certain provisions relat-
    44  ing to the department  of  environmental  conservation's  regulation  of
    45  crabs,  and  to prohibiting the taking of horseshoe crabs for commercial
    46  and biomedical purposes, as proposed in  legislative  bills  numbers  S.
    47  4289 and A. 4997, is amended to read as follows:
    48    §  3.  This act shall take effect immediately; provided, however, that
    49  the provisions of section two of this act shall take effect  January  1,
    50  [2026] 2029.
    51    §  5.  This act shall take effect immediately; provided, however, that
    52  the provisions of sections one and two of this act shall take effect  on
    53  the  same  date and in the same manner as a chapter of the laws of 2025,
    54  amending  the  environmental  conservation  law  relating  to  extending
    55  certain provisions relating to the department of environmental conserva-
    56  tion's  regulation  of crabs, and to prohibiting the taking of horseshoe

        A. 9437                             3
 
     1  crabs for commercial and biomedical purposes, as proposed in legislative
     2  bills numbers S. 4289 and A. 4997, takes effect; and provided,  however,
     3  that  the  provisions  of  section three of this act shall expire and be
     4  deemed repealed January 1, 2029.
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