STATE OF NEW YORK ________________________________________________________________________ 10140 IN ASSEMBLY May 9, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of 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 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 20 on the harvest of crabs in amplexus, requirements for permits and eligi- 21 bility therefor, recordkeeping requirements, requirements on the amount 22 and type of fishing effort and gear, and requirements relating to trans- 23 portation, possession and sale, provided that such regulations are no 24 less restrictive than requirements set forth in this chapter and 25 provided further that such regulations are consistent with the compli- 26 ance requirements of applicable fishery management plans adopted by the 27 Atlantic States Marine Fisheries Commission and with applicable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15314-02-4
A. 10140 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 8. [The department shall, when adopting regulation measures for the 4 management of] No person shall take horseshoe crabs (Limulus sp.) 5 [pursuant to subdivision seven of this section, consult with any town, 6 village or county that requests any municipal property be subject to a 7 harvest closure], including for commercial or biomedical purposes, from 8 the waters of this state. Provided however that this section shall not 9 apply to the taking of horseshoe crabs (Limulus sp.) for bona fide 10 scientific or educational purposes including, but not limited to, public 11 or not-for-profit zoos and aquaria, as determined by the commissioner 12 pursuant to rules and regulations. 13 § 2. This act shall take effect January 1, 2025.