S T A T E   O F   N E W   Y O R K
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                                  5481

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2011
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT, ZEBROWSKI, COOK, JAFFEE, COLTON,
  REILLY, MAISEL, CASTRO, GLICK -- Multi-Sponsored by -- M. of A. MAYER-
  SOHN, PEOPLES-STOKES, SCHIMEL, TITONE -- read once and referred 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 the  expi-
  ration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The  legislature  hereby  finds  that
each  spring  more than one million shorebirds of six species, including
the red knot, stop at Long Island beaches and feed upon  horseshoe  crab
eggs.  The red knot was once considered one of the state's most abundant
shorebirds.  Horseshoe  crab  eggs  is a critical source of food for red
knots which they consume during their stopover in New  York.  Such  food
source  is  necessary  for  the  red  knots to gain sufficient weight to
continue their migration north  to  breeding  grounds  in  the  Canadian
Arctic.    Surveys have shown that red knots migrating through the state
declined by 65 percent since 2000. Thus, both  state  and  international
biologists  fear that the red knot will become extinct in as few as five
years.
  The legislature therefore declares that a moratorium on  the  harvest,
landing, taking and possession of horseshoe crabs would help ensure that
more  horseshoe crab eggs will be available as a food source, thus help-
ing to ensure the survival of these shorebirds.
  S 2. (a) Notwithstanding the provisions  of  section  13-0331  of  the
environmental  conservation law or any other provision of law, no person
shall take any horseshoe crab (Limulus sp.) or the eggs of any horseshoe

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09100-01-1

              

A. 5481                             2

crab from the waters or land of the state,  nor  possess  any  horseshoe
crab or the eggs of a horseshoe crab, regardless of the origin thereof.
  (b) Notwithstanding the provisions of subdivision (a) of this section,
the department of environmental conservation may issue a permit:
  (i)  for  the  taking and possession of horseshoe crabs or the eggs of
horseshoe crabs for scientific, biomedical or educational purposes only,
provided that such department determines  that  the  collection  of  the
horseshoe  crabs  or  the eggs of horseshoe crabs for such purposes will
not cause harm to the red knot, other shorebirds or the  horseshoe  crab
population; or
  (ii)  the  collection  of  blood  from  horseshoe crabs for biomedical
purposes, provided that  the  horseshoe  crabs  are  released  otherwise
unharmed to the same waters from which they were taken.
  S  3. (a) On or after October 1, 2016, the department of environmental
conservation shall examine and evaluate the populations  of  red  knots,
other shorebirds and horseshoe crabs in the state to determine whether:
  (i)  the population of red knots has reached 240,000 as established in
the United States Shorebird Conservation Plan of May 2001 and
  (ii) a fisheries  management  plan,  based  on  scientific  study  and
evidence,  demonstrates  that  a  more than adequate supply of horseshoe
crab eggs exists to ensure population viability for both shorebirds  and
horseshoe crabs.
  (b)  On  or  before December 31, 2016, the department of environmental
conservation shall submit its findings, conclusions and  recommendations
to  the  governor and the legislature with regard to the study conducted
pursuant to subdivision (a) of this section.
  S 3. This act shall take effect immediately, and shall expire  and  be
deemed repealed January 1, 2017.