S 4289: Extends DEC's authority to regulate management of crabs to 12/31/2027; prohibits the taking of horseshoe crabs for commercial and biomedical purposes.

  
  STATE OF NEW YORK ________________________________________________________________________ 4289 2025-2026 Regular Sessions  IN SENATE February 3, 2025 ___________ Introduced by Sens. HOYLMAN-SIGAL, HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Environ- mental 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 
 S. 4289 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.