Establishes a 5 year moratorium on the taking of horseshoe crabs or the eggs of horseshoe crabs by any person

Title of bill

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

Purpose or general idea of bill

This legislation proposes to limit the issuance of permits for the taking of horseshoe crabs, prohibiting the department of environmental conservation from allowing the removal of more than 100,000 crabs during any calendar year. Those that are taken must be used for the purposes of medical or academic research.

Summary of specific provisions

This legislation will add a new section 13-0332 to the environmental conservation law, which prohibits the removal of horseshoe crabs from New York State waters for purposes other than medical or academic research, and prohibits the removal of all female horseshoe crabs with visible eggs. Exceptions can be granted for those who already hold permits for removal of lobsters from New York State waters. This legislation would also prohibit the dredging of waters in Richmond County, Hempstead Bay and South Oyster Bay in the county of Nassau, and the waters of the Great South Bay West of the Captree Bridge in the county of Suffolk.

Justification

Horseshoe Crabs are a vital part of the ecosystem in the waters off the coast of New York State. Unfortunately, their population has been drastically depleted by commercial fishermen who catch these crabs for use as bait. If they are not protected, the effects could be disastrous to the migratory birds and other sea life that rely on them for nourishment.

The red knot, a migratory bird that nests in the Arctic, relies on the eggs of the horseshoe crab as fuel for their journey. These birds feed almost exclusively on horseshoe crab eggs during this leg of their migration. With the diminishing crab population, the average weight of the red knot en route to its nesting place has dropped noticeably. Without enough nourishment, they do not have the stamina to make the journey and hatch fledglings. Significantly fewer are being seen over the waters off the coast of New York, New Jersey and Delaware, and even less are making it to their final destination. The annual survival rate of red knots has dropped over 25% between 1999 and 2002.

Harvesting of some horseshoe crabs is necessary, because of their medicinal value. The crab plays a vital, yet little-known, role in the life of anyone who has received an injectable medication. An extract of the horseshoe crab's blood is used by the pharmaceutical and medical device industries to ensure that their products, e.g., intravenous drugs, vaccines, and medical devices, are free of bacterial contamination. No other test works as easily or reliably for this purpose.

New Jersey and Delaware have proposed similar plans to preserve the horseshoe crab population. In order for this effort to be successful, New York State must also do their part to limit the harvesting in its waters.

Prior legislative history

None. FISCAL IMPLICATIONS :

None to the state.

Effective date

This act shall take effect immediately. And shall expire and be deemed repealed January 1, 2022.