Bill Text: NY A04997 | 2025-2026 | General Assembly | Introduced

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Bill Title: Extends DEC's authority to regulate management of crabs to 12/31/2027; prohibits the taking of horseshoe crabs for commercial and biomedical purposes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2025-02-10 - referred to environmental conservation [A04997 Detail]

Download: New_York-2025-A04997-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4997

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2025
                                       ___________

        Introduced  by  M.  of A. GLICK, BURDICK, SIMON, WEPRIN -- read once and
          referred to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          extending  certain  provisions  relating to the department of environ-
          mental conservation's regulation of  crabs,  and  to  prohibiting  the
          taking of horseshoe crabs for commercial and biomedical purposes

          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  chapter 243 of the laws of 2022, is
     3  amended to read as follows:
     4    7. The department  may,  until  December  thirty-first,  two  thousand
     5  [twenty-four]  twenty-seven,  fix by regulation measures for the manage-
     6  ment of crabs of any  kind  including  horseshoe  crabs  (Limulus  sp.),
     7  including  minimum and maximum size limits, catch and possession limits,
     8  open  and  closed  seasons  including  lunar  closures,  closed   areas,
     9  restrictions on the manner of taking and landing including a prohibition
    10  on the harvest of crabs in amplexus, requirements for permits and eligi-
    11  bility  therefor, recordkeeping requirements, requirements on the amount
    12  and type of fishing effort and gear, and requirements relating to trans-
    13  portation, possession and sale, provided that such  regulations  are  no
    14  less  restrictive  than  requirements  set  forth  in  this  chapter and
    15  provided further that such regulations are consistent with  the  compli-
    16  ance  requirements of applicable fishery management plans adopted by the
    17  Atlantic  States  Marine  Fisheries  Commission  and   with   applicable
    18  provisions  of  fishery management plans adopted pursuant to the Federal
    19  Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
    20    § 2. Subdivisions 1, 7 and 8 of section 13-0331 of  the  environmental
    21  conservation law, subdivision 1 as amended by chapter 447 of the laws of
    22  2017,  subdivision 7 as amended by section one of this act, and subdivi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07626-03-5
        A. 4997                             2

     1  sion 8 as amended by chapter 21 of the laws of 2018, are amended to read
     2  as follows:
     3    1.  No  person  shall  take crabs[, including horseshoe crabs (Limulus
     4  sp.)] for commercial purposes without first obtaining a permit from  the
     5  department.  For purposes of this subdivision, a presumption of "commer-
     6  cial purposes" shall be made wherein one takes or lands more than  fifty
     7  crabs  in  any  one day or sells or barters or offers for sale or barter
     8  any crabs [he or she] such person has taken. Permits shall be issued  to
     9  individuals  only but may be endorsed for use on a vessel, in which case
    10  it shall cover all persons on board such vessel.
    11    7. The department may, until December thirty-first, two thousand twen-
    12  ty-seven, fix by regulation measures for the management of crabs of  any
    13  kind  [including],  excluding  horseshoe  crabs (Limulus sp.), including
    14  minimum and maximum size limits, catch and possession limits,  open  and
    15  closed  seasons  including lunar closures, closed areas, restrictions on
    16  the manner of taking and landing including a prohibition on the  harvest
    17  of crabs in amplexus, requirements for permits and eligibility therefor,
    18  recordkeeping requirements, requirements on the amount and type of fish-
    19  ing  effort  and  gear,  and  requirements  relating  to transportation,
    20  possession and sale, provided that such regulations are no less restric-
    21  tive than requirements set forth in this chapter  and  provided  further
    22  that such regulations are consistent with the compliance requirements of
    23  applicable  fishery  management  plans  adopted  by  the Atlantic States
    24  Marine Fisheries Commission and with applicable  provisions  of  fishery
    25  management  plans  adopted  pursuant to the Federal Fishery Conservation
    26  and Management Act (16 U.S.C. § 1800 et seq.).
    27    8. [The department shall, when adopting regulation  measures  for  the
    28  management  of]  No  person  shall  take  horseshoe  crabs (Limulus sp.)
    29  [pursuant to subdivision seven of this section, consult with  any  town,
    30  village  or  county that requests any municipal property be subject to a
    31  harvest closure], including for commercial or biomedical purposes,  from
    32  the  waters of this state.  Provided however that this section shall not
    33  apply to the taking of horseshoe  crabs  (Limulus  sp.)  for  bona  fide
    34  scientific or educational purposes including, but not limited to, public
    35  or  not-for-profit  zoos  and aquaria, as determined by the commissioner
    36  pursuant to rules and regulations.
    37    § 3. This act shall take effect immediately; provided,  however,  that
    38  the  provisions  of section two of this act shall take effect January 1,
    39  2026.