What's happening
This bill imposes a moratorium on harvesting horseshoe crabs and their eggs in New York, requiring a population study of shorebirds and horseshoe crabs before January 1, 2023.
Why it matters
The moratorium aims to address a critical link in the ecosystem. By halting the harvest of horseshoe crabs and their eggs, the bill seeks to protect a vital food source for migratory shorebirds, especially the red knot, whose survival is directly tied to the availability of these eggs during migration stopovers.
Addresses alarming declines and potential extinction. The legislation responds to data showing a 65% decline in red knot populations since 2000, highlighting an urgent risk of extinction within a few years if food scarcity continues.
Creates a pathway for science-based management. The bill mandates a population study and requires the Department of Environmental Conservation to assess whether horseshoe crab and shorebird populations are sufficient before any harvesting resumes, promoting future management decisions grounded in current scientific evidence.
Allows for essential exceptions with strict oversight. While the moratorium is broad, it includes tightly regulated exceptions for scientific, biomedical, or educational purposes, and for biomedical blood collection if crabs are returned unharmed—balancing conservation with necessary research and medical uses.
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Who cares
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Pause Horseshoe Crab Harvest
Plain English, a few words. Used as the page title.
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History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
62
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed 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 expiration thereof
The People of the State of New York, represented in Senate and Assembly, 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 are 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 helping to ensure the survival of these shorebirds.
§ 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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05904-01-7
S. 62 2
(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.
§ 3. (a) On or after October 1, 2022, 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, 2022, 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.
§ 4. This act shall take effect immediately, and shall expire and be deemed repealed January 1, 2023.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
S.4832-A of 2015-2016 (Hoylman): Died in Environmental Conservation A.6308-A of 2015-2016 (Englebright): Died in Environmental Conservation
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately. And shall expire and be deemed repealed January 1, 2022.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.