A 9437: Extends DEC's authority to regulate management of crabs; authorizes the department of environmental conservation to take any actions necessary to ensure any quota limiting the taking of horseshoe crabs does not exceed certain thresholds.

  
  STATE OF NEW YORK ________________________________________________________________________ 9437  IN ASSEMBLY January 6, 2026 ___________ Introduced by 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 the department of environmental conservation's regulation of crabs; and to amend a chapter of the laws of 2025, amending the environmental conservation law relating to extending certain provisions relating to the department of environmental conservation's regulation of crabs, and to prohibiting the taking of horseshoe crabs for commercial and biomedical purposes, as proposed in legislative bills numbers S. 4289 and A. 4997, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof 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 section 1 of a chapter of the laws of 3 2025, amending the environmental conservation law relating to extending 4 certain provisions relating to the department of environmental conserva- 5 tion's regulation of crabs, and to prohibiting the taking of horseshoe 6 crabs for commercial and biomedical purposes, as proposed in legislative 7 bills numbers S. 4289 and A. 4997, is amended to read as follows: 8 7. The department may, until December thirty-first, two thousand 9 [twenty-seven] twenty-nine, fix by regulation measures for the manage- 10 ment of crabs of any kind including horseshoe crabs (Limulus sp.), 11 including minimum and maximum size limits, catch and possession limits, 12 open and closed seasons including lunar closures, closed areas, 13 restrictions on the manner of taking and landing including a prohibition 14 on the harvest of crabs in amplexus, requirements for permits and eligi- 15 bility therefor, recordkeeping requirements, requirements on the amount 16 and type of fishing effort and gear, and requirements relating to trans- 17 portation, possession and sale, provided that such regulations are no 18 less restrictive than requirements set forth in this chapter and 19 provided further that such regulations are consistent with the compli- 20 ance requirements of applicable fishery management plans adopted by the 21 Atlantic States Marine Fisheries Commission and with applicable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07626-04-6 
 A. 9437 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 § 2. Subdivision 7 of section 13-0331 of the environmental conserva- 4 tion law, as amended by section 2 of a chapter of the laws of 2025, 5 amending the environmental conservation law relating to extending 6 certain provisions relating to the department of environmental conserva- 7 tion's regulation of crabs, and to prohibiting the taking of horseshoe 8 crabs for commercial and biomedical purposes, as proposed in legislative 9 bills numbers S. 4289 and A. 4997, is amended to read as follows: 10 7. The department may, until December thirty-first, two thousand 11 [twenty-seven] twenty-nine, fix by regulation measures for the manage- 12 ment of crabs of any kind, excluding horseshoe crabs (Limulus sp.), 13 including minimum and maximum size limits, catch and possession limits, 14 open and closed seasons including lunar closures, closed areas, 15 restrictions on the manner of taking and landing including a prohibition 16 on the harvest of crabs in amplexus, requirements for permits and eligi- 17 bility therefor, recordkeeping requirements, requirements on the amount 18 and type of fishing effort and gear, and requirements relating to trans- 19 portation, possession and sale, provided that such regulations are no 20 less restrictive than requirements set forth in this chapter and 21 provided further that such regulations are consistent with the compli- 22 ance requirements of applicable fishery management plans adopted by the 23 Atlantic States Marine Fisheries Commission and with applicable 24 provisions of fishery management plans adopted pursuant to the Federal 25 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.). 26 § 3. The department of environmental conservation is hereby authorized 27 and directed to take any actions necessary to ensure that any quota 28 limiting the taking of horseshoe crabs (Limulus sp.) pursuant to section 29 13-0331 of the environmental conservation law shall: 30 (1) in 2026, not exceed seventy-five percent of the annual commercial 31 horseshoe crab quota established by the department of environmental 32 conservation in the 2025 Horseshoe Crab Quota Distribution Plan, devel- 33 oped pursuant to 6 NYCRR 44.3 (b); 34 (2) in 2027, not exceed fifty percent of the annual commercial 35 horseshoe crab quota established by the department of environmental 36 conservation in the 2025 Horseshoe Crab Quota Distribution Plan devel- 37 oped pursuant to 6 NYCRR 44.3 (b); and 38 (3) in 2028, not exceed twenty-five percent of the annual commercial 39 horseshoe crab quota established by the department of environmental 40 conservation in the 2025 Horseshoe Crab Quota Distribution Plan, devel- 41 oped pursuant to 6 NYCRR 44.3 (b). 42 § 4. Section 3 of a chapter of the laws of 2025, amending the environ- 43 mental conservation law relating to extending certain provisions relat- 44 ing to the department of environmental conservation's regulation of 45 crabs, and to prohibiting the taking of horseshoe crabs for commercial 46 and biomedical purposes, as proposed in legislative bills numbers S. 47 4289 and A. 4997, is amended to read as follows: 48 § 3. This act shall take effect immediately; provided, however, that 49 the provisions of section two of this act shall take effect January 1, 50 [2026] 2029. 51 § 5. This act shall take effect immediately; provided, however, that 52 the provisions of sections one and two of this act shall take effect on 53 the same date and in the same manner as a chapter of the laws of 2025, 54 amending the environmental conservation law relating to extending 55 certain provisions relating to the department of environmental conserva- 56 tion's regulation of crabs, and to prohibiting the taking of horseshoe 
 A. 9437 3 1 crabs for commercial and biomedical purposes, as proposed in legislative 2 bills numbers S. 4289 and A. 4997, takes effect; and provided, however, 3 that the provisions of section three of this act shall expire and be 4 deemed repealed January 1, 2029.