2023 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.
1-a. The department may, until  December  thirty-first,  two  thousand
  twenty-four,  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-four,  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.).
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.