§ 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-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-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.