6 CRR-NY 44.3NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER I. FISH AND WILDLIFE
SUBCHAPTER F. MARINE FISHERIES
PART 44. LOBSTERS AND CRABS
6 CRR-NY 44.3
6 CRR-NY 44.3
44.3 Horseshoe crabs.
(a) Definitions.
(1) Horseshoe crabs are members of the arthropod infra order chelicerata, Limulus polyphemus.
(2) Prosomal width means the widest straight line width of the body.
(3) Land or landed means the bringing of horseshoe crabs to any shore or the transfer of the catch of horseshoe crabs taken from a vessel to any other vessel or in-water storage facility or to the land or to any pier, wharf, dock or other similar structure. When a vessel bearing horseshoe crabs has been tied, moored, or made fast to land, to another vessel, to an in-water storage facility or to any pier, wharf, dock or similar structure, any crabs on board such vessel are deemed to have been landed.
(4) Harvest limit means the maximum number of horseshoe crabs that can be taken or possessed by a permit holder in a 24 hour period. No more than two harvest limits may be possessed aboard a vessel or in a vehicle, provided that at least two permit holders are on board the vessel or in the vehicle.
(b) Horseshoe crab fishing—general provisions.
(1) The total annual commercial fisheries bait harvest of horseshoe crabs may not exceed the amount annually allocated to New York State by the Atlantic States Marine Fisheries Commission pursuant to the Interstate Fishery Management Plan for horseshoe crabs for the period January 1st through December 31st.
(2) Following consultation with industry, the department may establish quota periods and harvest limits such that the harvest does not exceed the commercial fisheries bait quota assigned to New York.
(3) When the department determines that harvest limits are necessary, such harvest limits will be effective and enforceable upon 72 hours written notice to permit holders. Such harvest limits may be further reduced or increased by written direction by the department.
(4) If the department determines based on harvester reporting pursuant to this section that the commercial fisheries bait horseshoe crab quota allocation will have been harvested before the end of the year, harvesting for commercial purposes will be prohibited by the department and such closure shall be enforceable upon 72 hours written notice to permit holders.
(5) A person may only apply for and hold one horseshoe crab permit type issued under this section in a calendar year.
(6) It is the responsibility of the holder of a horseshoe crab bio-medical users permit to ensure all horseshoe crab which are used in the production of ambocyte lysate shall either be returned to the location of harvest as approved by the department as soon as possible after the bleeding process, or be sold as bait and reported as bait harvest in compliance with subdivision (d) of this section.
(c) Permits.
(1) No person shall take or possess horseshoe crabs for commercial purposes without first applying and obtaining a horseshoe crab commercial bait harvesters permit from the department. For purposes of this section, a person shall be presumed to be taking or possessing horseshoe crabs for commercial purposes where that individual has in excess of five individual horseshoe crabs in possession, or sells, trades, barters or offers for sale any horseshoe crabs. A permit to take horseshoe crabs for commercial purposes will be issued at no cost to individuals who possess a valid commercial crab license. No crabs harvested under this permit may be legally sold, traded, and/or bartered for use in any industry other than the commercial fishing industry.
(2) No person shall take or possess horseshoe crabs for bio-medical purposes without first applying and obtaining a horseshoe crab bio-medial harvesters permit from the department. For purposes of this section, a person shall be presumed to be taking or possessing horseshoe crabs for bio-medical purposes where that person sells, trades, barters and/or offers for sale any horseshoe crab which is used in the production of amebocyte lysate. A permit to take horseshoe crabs for bio-medical purposes will be issued at no cost to persons who possess a valid commercial crab license. Crabs harvested under this permit may only be legally sold, traded, and/or bartered to the holders of a valid horseshoe crab bio-medical users permit.
(3) No person shall purchase or possess horseshoe crabs for bio-medical purposes without first applying and obtaining a horseshoe crab bio-medical users permit from the department. For purposes of this section, a person shall be presumed to be purchasing horseshoe crabs for bio-medical use where that person purchases any horseshoe crab which is used in the production of amebocyte lysate. Horseshoe crabs may only be purchased from the holders of a valid horseshoe crab bio-medical harvesters permit. Permits will only be issued at no cost to persons who have been approved by the United States Federal Food and Drug Administration (USFDA) to produce amebocyte lysate.
(4) Permits issued under this section shall be nontransferable and shall expire on the last day of December in the year issued.
(5) Permit modification, suspension, or revocation shall be pursuant to Part 175 of this Title.
(6) The holder of a horseshoe crab commercial bait harvesters permit or a horseshoe crab bio-medical harvesters permit issued pursuant to this section shall carry on his or her person or post on his or her vessel such permit at all times when fishing under the authority of such permit.
(d) Reporting.
(1) All horseshoe crab commercial bait harvester permit holders shall file accurate and complete harvesting reports of their horseshoe crab fishing activities, regardless whether or not the permittee has exercised the privilege of his or her permit, on forms to be provided by the department. Failure to comply with harvest reporting requirements may result in the suspension of the current horseshoe crab commercial bait harvester permit and/or the denial of future horseshoe crab commercial bait harvester permits issued pursuant to this section.
(i) During the months of January, February, March, April, August, September, October, November, and December, all horseshoe crab commercial bait permittees will be required to submit harvesting reports to the department on a monthly basis. Reports for each month shall be submitted to the department by the fifth business day of the following month. However, the department reserves the right to institute weekly reporting during this period should it be deemed necessary.
(ii) During the months of May, June and July permittees will be required to submit harvesting reports to the department on a weekly basis to ensure that quota period allocations and annual quotas are not exceeded. Such weekly harvesting reports shall be received by the department by the fifth business day of the subsequent week.
(2) All horseshoe crab bio-medical harvester permit holders shall file accurate and complete monthly harvesting reports of their horseshoe crab fishing activities, on forms to be provided by the department. Reports for each month shall be submitted to the department by the fifth business day of the following month. Additionally all horseshoe crab bio-medical harvester permit holders shall notify the department 24 hours prior to the commencement of harvesting activities and report number of horseshoe crabs intended to be harvested, intended harvest location, place and approximate time of landing and horseshoe crab bio-medical users permit number. In addition, the department may elect to accompany the horseshoe crab bio- medical harvester permit holder to monitor such activities granted under the permit. Failure to comply with harvest reporting requirements may result in the suspension of the current horseshoe crab bio-medical harvester permit and/or the denial of future horseshoe crab bio- medical harvester permit issued pursuant to this section.
(3) All horseshoe crab bio-medical user permit holders shall file accurate and complete monthly reports of their activities, on forms to be provided by the department. Reports for each month shall be submitted to the department by the fifth business day of the following month. The holder of a horseshoe crab bio-medical user permit shall notify the department 24 hours prior to the return of horseshoe crabs to the approved harvest location. In addition, the department may elect to accompany the horseshoe crab bio-medical user permit holder to monitor such activities granted under the permit. Failure to comply with reporting requirements may result in the suspension of the current horseshoe crab bio-medical user permit holders horseshoe crab bio-medical user permit and/or the denial of future horseshoe crab bio-medical user permit holders permit issued pursuant to this section.
(e) Manner of taking.
(1) Horseshoe crabs may only be taken for commercial and bio- medical purposes by the following methods: hand harvest, pound net, trap net, gill net, otter trawl, seine or dredge.
(2) Dredges used to harvest horseshoe crabs shall not be greater than six feet in width (72 inches), except that if an individual submits a notarized written affirmation to the department by December, 2001 certifying that he or she used a dredge with a bottom bar or scrape larger than 72 inches to harvest horseshoe crabs during the year 2000 in New York's Marine and Coastal District, and reported the use of such dredge to harvest horseshoe crabs on his or her 2000 New York State horseshoe crab harvester report, the department may permit him or her to continue to use such dredge until March 31, 2004.
(3) Except during the months of September and October, dredges as defined in section 44.1(a)(14) of this Part may not be used to harvest horseshoe crabs in the Atlantic Ocean. The possession or landing of horseshoe crabs from any vessel having a dredge onboard is also prohibited.
(f) Closed areas.
(1) The department, following consultation with horseshoe crab permit holders and other interested parties, may establish, by directive, closed areas for commercial hand-harvest of horseshoe crabs if the department determines that:
(i) there is documented evidence, verified by the department, that the area receives significant use by:
(a) spawning horseshoe crabs during the horseshoe crab spawning season; and
(b) the following shorebird species for which horseshoe crab eggs are an important food source: dunlin, semipalmated sandpiper, sanderling, ruddy turnstone, greater yellowlegs, American golden-plover, black-bellied plover, buff-breasted sandpiper, short-billed dowitcher, red knot, purple sandpiper, marbled godwit, Hudsonian godwit, and whimbrel;1or
(ii) the area is managed by a local, State or Federal agency or governing body as a public recreation area, and such agency or governing body has requested that the department restrict horseshoe crab hand-harvesting.
(2) In the event that the department directs that an area be closed pursuant to paragraph (1) of this subdivision, the department shall notify commercial harvesters of such directive not less than 30 days prior to the effective date of such closure.
(g) The Director of the Bureau of Marine Resources is authorized to make determinations and issue directives pursuant to this subdivision.
RESEARCH REFERENCES AND PRACTICE AIDS:
59 NY Jur 2d, Fish and Wildlife §§ 2, 56, 59, 79.
35 Am Jur 2d, Fish and Game §§ 29, 47.

Footnotes

1
The listed bird species are the transient shore bird species of greatest conservation need as defined by New York State's Comprehensive Wildlife Conservation Strategy.
6 CRR-NY 44.3
Current through April 15, 2018
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