Bill Text: NY S00048 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the management of horseshoe crabs; and provides for the repeal of certain provisions of such law upon expiration thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-08 - PRINT NUMBER 48A [S00048 Detail]

Download: New_York-2019-S00048-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           48
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        AN ACT to impose a moratorium upon the taking of horseshoe crabs and the
          eggs thereof; to direct the department of  environmental  conservation
          to  study  and  report  on the populations of shorebirds and horseshoe
          crabs; and providing for the repeal of such provisions upon expiration
          thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Legislative  findings.  The legislature hereby finds that
     2  each spring more than one million shorebirds of six  species,  including
     3  the  red  knot, stop at Long Island beaches and feed upon horseshoe crab
     4  eggs.  The red knot was once considered one of the state's most abundant
     5  shorebirds. Horseshoe crab eggs are a critical source of  food  for  red
     6  knots  which  they  consume during their stopover in New York. Such food
     7  source is necessary for the red  knots  to  gain  sufficient  weight  to
     8  continue  their  migration  north  to  breeding  grounds in the Canadian
     9  Arctic.  Surveys have shown that red knots migrating through  the  state
    10  declined  by  65  percent since 2000. Thus, both state and international
    11  biologists fear that the red knot will become extinct in as few as  five
    12  years.
    13    The  legislature  therefore declares that a moratorium on the harvest,
    14  landing, taking and possession of horseshoe crabs would help ensure that
    15  more horseshoe crab eggs will be available as a food source, thus  help-
    16  ing to ensure the survival of these shorebirds.
    17    §  2.  (a)  Notwithstanding  the  provisions of section 13-0331 of the
    18  environmental conservation law or any other provision of law, no  person
    19  shall take any horseshoe crab (Limulus sp.) or the eggs of any horseshoe
    20  crab  from  the  waters  or land of the state, nor possess any horseshoe
    21  crab or the eggs of a horseshoe crab, regardless of the origin thereof.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04061-01-9
        S. 48                               2
     1    (b) Notwithstanding the provisions of subdivision (a) of this section,
     2  the department of environmental conservation may issue a permit:
     3    (i)  for  the  taking and possession of horseshoe crabs or the eggs of
     4  horseshoe crabs for scientific, biomedical or educational purposes only,
     5  provided that such department determines  that  the  collection  of  the
     6  horseshoe  crabs  or  the eggs of horseshoe crabs for such purposes will
     7  not cause harm to the red knot, other shorebirds or the  horseshoe  crab
     8  population; or
     9    (ii)  the  collection  of  blood  from  horseshoe crabs for biomedical
    10  purposes, provided that  the  horseshoe  crabs  are  released  otherwise
    11  unharmed to the same waters from which they were taken.
    12    §  3. (a) On or after October 1, 2024, the department of environmental
    13  conservation shall examine and evaluate the populations  of  red  knots,
    14  other shorebirds and horseshoe crabs in the state to determine whether:
    15    (i)  the population of red knots has reached 240,000 as established in
    16  the United States Shorebird Conservation Plan of May 2001 and
    17    (ii) a fisheries  management  plan,  based  on  scientific  study  and
    18  evidence,  demonstrates  that  a  more than adequate supply of horseshoe
    19  crab eggs exists to ensure population viability for both shorebirds  and
    20  horseshoe crabs.
    21    (b)  On  or  before December 31, 2024, the department of environmental
    22  conservation shall submit its findings, conclusions and  recommendations
    23  to  the  governor and the legislature with regard to the study conducted
    24  pursuant to subdivision (a) of this section.
    25    § 4. This act shall take effect immediately, and shall expire  and  be
    26  deemed repealed January 1, 2025.