Bill Text: NY A10140 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the taking of horseshoe crabs for commercial and biomedical purposes.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-05-22 - reported referred to rules [A10140 Detail]

Download: New_York-2023-A10140-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          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.