State Codes and Statutes

Statutes > New-york > Env > Article-13 > Title-3 > 13-0331

§ 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  eleven,  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.).

State Codes and Statutes

Statutes > New-york > Env > Article-13 > Title-3 > 13-0331

§ 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  eleven,  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.).

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-13 > Title-3 > 13-0331

§ 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  eleven,  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.).