STATE OF NEW YORK
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3185--A
Cal. No. 638
2023-2024 Regular Sessions
IN SENATE
January 30, 2023
___________
Introduced by Sens. HOYLMAN-SIGAL, HARCKHAM -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation -- recommitted to the Committee on Environmental
Conservation in accordance with Senate Rule 6, sec. 8 -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
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:
1 Section 1. Subdivisions 1, 7 and 8 of section 13-0331 of the environ-
2 mental conservation law, subdivision 1 as amended by chapter 447 of the
3 laws of 2017, subdivision 7 as amended by chapter 243 of the laws of
4 2022 and subdivision 8 as amended by chapter 21 of the laws of 2018, are
5 amended to read as follows:
6 1. No person shall take crabs[, including horseshoe crabs (Limulus
7 sp.)] for commercial purposes without first obtaining a permit from the
8 department. For purposes of this subdivision, a presumption of "commer-
9 cial purposes" shall be made wherein one takes or lands more than fifty
10 crabs in any one day or sells or barters or offers for sale or barter
11 any crabs he or she has taken. Permits shall be issued to individuals
12 only but may be endorsed for use on a vessel, in which case it shall
13 cover all persons on board such vessel.
14 7. The department may, until December thirty-first, two thousand
15 [twenty-four] twenty-six, fix by regulation measures for the management
16 of crabs of any kind [including], excluding horseshoe crabs (Limulus
17 sp.), including minimum and maximum size limits, catch and possession
18 limits, open and closed seasons including lunar closures, closed areas,
19 restrictions on the manner of taking and landing including a prohibition
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07610-04-4
S. 3185--A 2
1 on the harvest of crabs in amplexus, requirements for permits and eligi-
2 bility therefor, recordkeeping requirements, requirements on the amount
3 and type of fishing effort and gear, and requirements relating to trans-
4 portation, possession and sale, provided that such regulations are no
5 less restrictive than requirements set forth in this chapter and
6 provided further that such regulations are consistent with the compli-
7 ance requirements of applicable fishery management plans adopted by the
8 Atlantic States Marine Fisheries Commission and with applicable
9 provisions of fishery management plans adopted pursuant to the Federal
10 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
11 8. [The department shall, when adopting regulation measures for the
12 management of] No person shall take horseshoe crabs (Limulus sp.)
13 [pursuant to subdivision seven of this section, consult with any town,
14 village or county that requests any municipal property be subject to a
15 harvest closure], including for commercial or biomedical purposes, from
16 the waters of this state. Provided however that this section shall not
17 apply to the taking of horseshoe crabs (Limulus sp.) for bona fide
18 scientific or educational purposes including, but not limited to, public
19 or not-for-profit zoos and aquaria, as determined by the commissioner
20 pursuant to rules and regulations.
21 § 2. This act shall take effect January 1, 2025.
