NY Env Conserv L § 13-0331 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 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.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-three,  fix by regulation measures for the management of crabs of   any kind including horseshoe crabs (Limulus sp.), including size limits,   catch and possession limits, open  and  closed  seasons,  closed  areas,   restrictions  on  the  manner  of  taking  and landing, 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.).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.