NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10140
SPONSOR: Rules (Glick) TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the taking of horseshoe crabs for commercial and biomedical
purposes
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this to extend the ability for DEC to regulate crabs and
to prohibit the taking of horseshoe crabs.
SUMMARY OF PROVISIONS:
Section 1 of the bill would extend, for two years, until December 31,
2026, the ability for the department of environmental conservation to
fix by regulation measures for the management of crabs of any kind,
excluding horseshoe crabs. Prohibits the taking of horseshoe crabs,
including for commercial and biomedical purposes and authorized the
commissioner, through rules and regulations, to allow the taking of
horseshoe crabs for education and scientific purposes.
JUSTIFICATION:
Horseshoe crabs have existed largely unchanged on Earth for over 400
million years. They are an integral part of the marine ecosystem; their
eggs are consumed by other animal species and they supply the energy
migratory shorebirds require, particularly the threatened Red Knot. The
horseshoe crab's unique ecological role is imperiled by their declining
population due to overharvesting for use as bait and for use of their
blood by the biomedical industry. In order for their population to grow,
New York must join neighboring coastal states in prohibiting the taking
of this ancient species.
PRIOR LEGISLATIVE HISTORY:
This is a new bill
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect January 1, 2025
STATE OF NEW YORK
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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.
