Amd SS13-0331, 13-0335 & 71-0923, add S13-0332, En Con L
Prohibits the taking of horseshoe crabs for any purpose without a permit issued by the department of environmental conservation; such permit shall only be issued when the purpose of the taking of any such crabs is for academic or medical research, or when issued to such persons, holding lobster permits, as shall be determined by the department of environmental conservation; no more than 100,000 horseshoe crabs shall be taken in the state during any calendar year; a violation of such provisions shall constitute a misdemeanor punishable by a fine, or not more than 15 days in jail, or both such fine and incarceration.
STATE OF NEW YORK
________________________________________________________________________
4321
2011-2012 Regular Sessions
IN ASSEMBLY
February 3, 2011
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
limiting the issuance of permits for the taking of horseshoe crabs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2, 3 and 7 of section 13-0331 of the envi-
2 ronmental conservation law, subdivision 1 as amended by chapter 325 of
3 the laws of 1999, subdivision 2 as amended by chapter 263 of the laws of
4 1997, subdivision 3 as amended by chapter 327 of the laws of 1999 and
5 subdivision 7 as amended by chapter 152 of the laws of 2007, are amended
6 to read as follows:
7 1. No person shall take crabs[, including horseshoe crabs (Limulus
8 sp.)] for commercial purposes without first obtaining a permit from the
9 department. For purposes of this subdivision, a presumption of "commer-
10 cial purposes" shall be made wherein one takes or lands more than fifty
11 crabs in any one day or sells or barters or offers for sale or barter
12 any crabs he or she has taken. Permits shall be issued to individuals
13 only but may be endorsed for use on a vessel, in which case it shall
14 cover all persons on board such vessel.
15 2. [A] Except as otherwise provided in section 13-0332 of this title,
16 a person domiciled within the state may take crabs, for commercial
17 purposes, from the waters of the state upon first obtaining a crabbing
18 permit from the department.
19 a. The department shall prescribe and furnish forms for application
20 for such permit.
21 b. The fee for such crabbing permit shall be thirty dollars.
22 3. [A] Except as otherwise provided in section 13-0332 of this title,
23 a person not domiciled in the state who is domiciled in a state that
24 provides reciprocal permits or licenses to persons domiciled in New York
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07484-01-1
A. 4321 2
1 state may take crabs, for commercial purposes, upon first obtaining a
2 crabbing permit from the department.
3 a. The department shall prescribe and furnish forms for application
4 for such permit.
5 b. The fee for such crabbing permit shall be fifty dollars.
6 7. The department may, until December thirty-first, two thousand elev-
7 en, fix by regulation measures for the management of crabs of any kind,
8 not including horseshoe crabs (Limulus sp.), including size limits,
9 catch and possession limits, open and closed seasons, closed areas,
10 restrictions on the manner of taking and landing, requirements for
11 permits and eligibility therefor, recordkeeping requirements, require-
12 ments on the amount and type of fishing effort and gear, and require-
13 ments relating to transportation, possession and sale, provided that
14 such regulations are no less restrictive than requirements set forth in
15 this chapter and provided further that such regulations are consistent
16 with the compliance requirements of applicable fishery management plans
17 adopted by the Atlantic States Marine Fisheries Commission and with
18 applicable provisions of fishery management plans adopted pursuant to
19 the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et
20 seq.).
21 § 2. The environmental conservation law is amended by adding a new
22 section 13-0332 to read as follows:
23 § 13-0332. Horseshoe crabs; permit to take; prohibited acts.
24 1. No person shall take any horseshoe crab (Limulus sp.) for any
25 purpose without first obtaining a permit from the department.
26 2. Permits shall only be issued:
27 a. to persons providing proof satisfactory to the commissioner that
28 all horseshoe crabs taken pursuant to such permit will be used for the
29 purposes of academic or medical research; and
30 b. to such persons, who hold permits issued pursuant to section
31 13-0329 of this title, as the department shall determine. Each permit
32 issued pursuant to this paragraph shall limit the holder thereof to the
33 taking of such maximum number of horseshoe crabs during any calendar
34 year as shall be determined by the department; provided, however that
35 the department shall not in the issuance of all such permits authorize
36 the taking of an aggregate of more than one hundred thousand horseshoe
37 crabs during any calendar year.
38 3. A person domiciled within the state may take horseshoe crabs from
39 the waters of the state upon first obtaining a horseshoe crabbing permit
40 from the department.
41 a. The department shall prescribe and furnish forms for application
42 for such permit.
43 b. The fee for such horseshoe crabbing permit shall be thirty dollars.
44 4. A person not domiciled in the state who is domiciled in a state may
45 take horseshoe crabs upon first obtaining a crabbing permit from the
46 department.
47 a. The department shall prescribe and furnish forms for application
48 for such permit.
49 b. The fee for such horseshoe crabbing permit shall be fifty dollars.
50 5. Permits are not transferable and shall expire on December thirty-
51 first following the date of issue. If it appears in the public interest,
52 the department may suspend or cancel such permits without prior notice.
53 6. Female horseshoe crabs with eggs visible thereon, commonly called
54 sponge crabs, or any female crabs from which the egg pouch or bunion has
55 been removed, shall not be taken, possessed, transported or offered for
A. 4321 3
1 sale at any time by any person issued a permit pursuant to paragraph b
2 of subdivision two of this section.
3 7. Horseshoe crabs shall not be taken by dredging in the waters of
4 Richmond county; Hempstead Bay and South Oyster Bay in the county of
5 Nassau; or in the waters of Great South Bay west of Captree bridge in
6 the county of Suffolk.
7 8. The department may, by regulation, adopt measures for the manage-
8 ment of horseshoe crabs (Limulus sp.). Such measures may include size
9 limits, catch and possession limits, open and closed seasons,
10 restrictions on the amount and type of fishing effort and gear, and
11 requirements relating to transportation, possession, sale, licensing,
12 recordkeeping and reporting, provided such regulations are no less
13 restrictive than requirements set forth in this chapter and provided
14 further that such regulations for horseshoe crab are consistent with the
15 interstate fishery management plan for horseshoe crab adopted by the
16 Atlantic States Marine Fisheries Commission.
17 § 3. Subdivision 8 of section 13-0335 of the environmental conserva-
18 tion law, as added by chapter 582 of the laws of 1987, is amended to
19 read as follows:
20 8. The provisions of sections 13-0311, 13-0329, 13-0331, 13-0332 and
21 13-0333 of this title shall be applicable to lobsters, crabs, shellfish
22 and menhaden and no license therefor shall be required pursuant to this
23 section.
24 § 4. The opening paragraph of subdivision 8 of section 71-0923 of the
25 environmental conservation law, as amended by chapter 284 of the laws of
26 2004, is amended to read as follows:
27 Any violation of sections 13-0329, 13-0330, 13-0331, 13-0332, 13-0333,
28 13-0334, 13-0335, subdivision one of section 13-0337, 13-0338, 13-0339,
29 13-0339-a, 13-0340, 13-0340-a through 13-0340-g, 13-0341, 13-0342,
30 13-0343, 13-0347, and 13-0349 of this chapter, or of any regulation
31 adopted pursuant to the foregoing sections, shall be punishable by
32 imprisonment of not more than fifteen days or by a fine of the greater
33 of two hundred fifty dollars or:
34 § 5. The commissioner of environmental conservation and the department
35 of environmental conservation are immediately directed to promulgate all
36 rules and regulations and take any actions necessary to implement all
37 provisions of this act on or before January 1, 2012.
38 § 6. This act shall take effect immediately, except that sections one,
39 two, three and four of this act shall take effect January 1, 2012.
