N.Y. Environmental Conservation Law § 13-0331: Crabs; permit to take; prohibited acts

§ 13-0331. Crabs; permit to take; prohibited acts.

* 1. No person shall take crabs, including horseshoe crabs (Limulus

sp.) for commercial purposes without first obtaining a permit from the

department. For purposes of this subdivision, a presumption of

"commercial purposes" shall be made wherein one takes or lands more than

fifty crabs in any one day or sells or barters or offers for sale or

barter any crabs he or she has taken. Permits shall be issued to

individuals only but may be endorsed for use on a vessel, in which case

it shall cover all persons on board such vessel.

* NB Effective until January 1, 2029

* 1. No person shall take crabs for commercial purposes without first

obtaining a permit from the department. For purposes of this

subdivision, a presumption of "commercial purposes" shall be made

wherein one takes or lands more than fifty crabs in any one day or sells

or barters or offers for sale or barter any crabs such person has taken.

Permits shall be issued to individuals only but may be endorsed for use

on a vessel, in which case it shall cover all persons on board such

vessel.

* NB Effective January 1, 2029

1-a. The department may, until December thirty-first, two thousand

twenty-six, fix by regulation the limit of Jonah crabs that may be taken

for commercial purposes by commercial crab permit holders and by holders

of New York commercial lobster licenses provided that such regulations

shall be consistent with the compliance requirements of applicable

fishery management plans adopted by the Atlantic States Marine Fisheries

Commission and with applicable provisions of fishery management plans

adopted pursuant to the Federal Fishery Conservation and Management Act

(16 U.S.C. section 1800 et seq.).

2. A person domiciled within the state may take crabs, for commercial

purposes, from the waters of the state upon first obtaining a crabbing

permit from the department.

a. The department shall prescribe and furnish forms for application

for such permit.

b. The fee for such crabbing permit shall be thirty dollars.

3. A person not domiciled in the state who is domiciled in a state

that provides reciprocal permits or licenses to persons domiciled in New

York state may take crabs, for commercial purposes, upon first obtaining

a crabbing permit from the department.

a. The department shall prescribe and furnish forms for application

for such permit.

b. The fee for such crabbing permit shall be fifty dollars.

4. Permits are not transferable and shall expire on December 31

following the date of issue. If it appears in the public interest, the

department may suspend or cancel such permits without prior notice.

5. Female crabs with eggs visible thereon, commonly called sponge

crabs, or any female crabs from which the egg pouch or bunion has been

removed, shall not be taken, possessed, transported or offered for sale

at any time.

6. Crabs shall not be taken by dredging in the waters of Richmond

county; Hempstead Bay and South Oyster Bay in the county of Nassau; or

in the waters of Great South Bay west of Captree bridge in the county of

Suffolk.

* 7. The department may, until December thirty-first, two thousand

twenty-nine, fix by regulation measures for the management of crabs of

any kind including horseshoe crabs (Limulus sp.), including minimum and

maximum size limits, catch and possession limits, open and closed

seasons including lunar closures, closed areas, restrictions on the

manner of taking and landing including a prohibition on the harvest of

crabs in amplexus, requirements for permits and eligibility therefor,

recordkeeping requirements, requirements on the amount and type of

fishing effort and gear, and requirements relating to transportation,

possession and sale, provided that such regulations are no less

restrictive than requirements set forth in this chapter and provided

further that such regulations are consistent with the compliance

requirements of applicable fishery management plans adopted by the

Atlantic States Marine Fisheries Commission and with applicable

provisions of fishery management plans adopted pursuant to the Federal

Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).

* NB Effective until January 1, 2029

* 7. The department may, until December thirty-first, two thousand

twenty-nine, fix by regulation measures for the management of crabs of

any kind, excluding horseshoe crabs (Limulus sp.), including minimum and

maximum size limits, catch and possession limits, open and closed

seasons including lunar closures, closed areas, restrictions on the

manner of taking and landing including a prohibition on the harvest of

crabs in amplexus, requirements for permits and eligibility therefor,

recordkeeping requirements, requirements on the amount and type of

fishing effort and gear, and requirements relating to transportation,

possession and sale, provided that such regulations are no less

restrictive than requirements set forth in this chapter and provided

further that such regulations are consistent with the compliance

requirements of applicable fishery management plans adopted by the

Atlantic States Marine Fisheries Commission and with applicable

provisions of fishery management plans adopted pursuant to the Federal

Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).

* NB Effective January 1, 2029

* 8. The department shall, when adopting regulation measures for the

management of horseshoe crabs (Limulus sp.) pursuant to subdivision

seven of this section, consult with any town, village or county that

requests any municipal property be subject to a harvest closure.

* NB Effective until January 1, 2029

* 8. No person shall take horseshoe crabs (Limulus sp.), including for

commercial or biomedical purposes, from the waters of this state.

Provided however that this section shall not apply to the taking of

horseshoe crabs (Limulus sp.) for bona fide scientific or educational

purposes including, but not limited to, public or not-for-profit zoos

and aquaria, as determined by the commissioner pursuant to rules and

regulations.

* NB Effective January 1, 2029