Section 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.).