Bill Text: NY A07578 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes a 5 year moratorium on the taking of horseshoe crabs or the eggs of horseshoe crabs by any person, unless such taking is for scientific or educational purposes.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A07578 Detail]

Download: New_York-2009-A07578-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7578
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 16, 2009
                                      ___________
       Introduced  by M. of A. ENGLEBRIGHT, EDDINGTON, ZEBROWSKI, COOK, JAFFEE,
         COLTON, REILLY, MAISEL, CASTRO, GLICK -- Multi-Sponsored by --  M.  of
         A.  GORDON,  MAYERSOHN,  PEOPLES,  SCHIMEL,  TITONE  --  read once and
         referred to the Committee on Environmental Conservation
       AN ACT to impose a moratorium upon the taking of horseshoe crabs and the
         eggs thereof; to direct the department of  environmental  conservation
         to  study  and  report  on the populations of shorebirds and horseshoe
         crabs; and providing for the repeal of such provisions upon the  expi-
         ration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings. The  legislature  hereby  finds  that
    2  each  spring  more than one million shorebirds of six species, including
    3  the red knot, stop at Long Island beaches and feed upon  horseshoe  crab
    4  eggs.  The red knot was once considered one of the state's most abundant
    5  shorebirds.  Horseshoe  crab  eggs  is a critical source of food for red
    6  knots which they consume during their stopover in New  York.  Such  food
    7  source  is  necessary  for  the  red  knots to gain sufficient weight to
    8  continue their migration north  to  breeding  grounds  in  the  Canadian
    9  Arctic.    Surveys have shown that red knots migrating through the state
   10  declined by 65 percent since 2000. Thus, both  state  and  international
   11  biologists  fear that the red knot will become extinct in as few as five
   12  years.
   13    The legislature therefore declares that a moratorium on  the  harvest,
   14  landing, taking and possession of horseshoe crabs would help ensure that
   15  more  horseshoe crab eggs will be available as a food source, thus help-
   16  ing to ensure the survival of these shorebirds.
   17    S 2. (a) Notwithstanding the provisions  of  section  13-0331  of  the
   18  environmental  conservation law or any other provision of law, no person
   19  shall take any horseshoe crab (Limulus sp.) or the eggs of any horseshoe
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10400-01-9
       A. 7578                             2
    1  crab from the waters or land of the state,  nor  possess  any  horseshoe
    2  crab or the eggs of a horseshoe crab, regardless of the origin thereof.
    3    (b) Notwithstanding the provisions of subdivision (a) of this section,
    4  the department of environmental conservation may issue a permit:
    5    (i)  for  the  taking and possession of horseshoe crabs or the eggs of
    6  horseshoe crabs for scientific, biomedical or educational purposes only,
    7  provided that such department determines  that  the  collection  of  the
    8  horseshoe  crabs  or  the eggs of horseshoe crabs for such purposes will
    9  not cause harm to the red knot, other shorebirds or the  horseshoe  crab
   10  population; or
   11    (ii)  the  collection  of  blood  from  horseshoe crabs for biomedical
   12  purposes, provided that  the  horseshoe  crabs  are  released  otherwise
   13  unharmed to the same waters from which they were taken.
   14    S  3. (a) On or after October 1, 2014, the department of environmental
   15  conservation shall examine and evaluate the populations  of  red  knots,
   16  other shorebirds and horseshoe crabs in the state to determine whether:
   17    (i)  the population of red knots has reached 240,000 as established in
   18  the United States Shorebird Conservation Plan of May 2001 and
   19    (ii) a fisheries  management  plan,  based  on  scientific  study  and
   20  evidence,  demonstrates  that  a  more than adequate supply of horseshoe
   21  crab eggs exists to ensure population viability for both shorebirds  and
   22  horseshoe crabs.
   23    (b)  On  or  before December 31, 2014, the department of environmental
   24  conservation shall submit its findings, conclusions and  recommendations
   25  to  the  governor and the legislature with regard to the study conducted
   26  pursuant to subdivision (a) of this section.
   27    S 3. This act shall take effect immediately, and shall expire  and  be
   28  deemed repealed January 1, 2015.