N.Y. Environmental Conservation Law 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. * NB Effective until January 1, 2029 * 1. No person shall take crabs 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 such person 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. * NB Effective January 1, 2029 1-a. The department may, until December thirty-first, two thousand twenty-six, fix by regulation the limit of Jonah crabs that may be taken for commercial purposes by commercial crab permit holders and by holders of New York commercial lobster licenses provided that such regulations shall be 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. section 1800 et seq.).

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 twenty-nine, fix by regulation measures for the management of crabs of any kind including horseshoe crabs (Limulus sp.), including minimum and maximum size limits, catch and possession limits, open and closed seasons including lunar closures, closed areas, restrictions on the manner of taking and landing including a prohibition on the harvest of crabs in amplexus, 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.). * NB Effective until January 1, 2029 * 7. The department may, until December thirty-first, two thousand twenty-nine, fix by regulation measures for the management of crabs of any kind, excluding horseshoe crabs (Limulus sp.), including minimum and maximum size limits, catch and possession limits, open and closed seasons including lunar closures, closed areas, restrictions on the manner of taking and landing including a prohibition on the harvest of crabs in amplexus, 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.). * NB Effective January 1, 2029 * 8. The department shall, when adopting regulation measures for the management of horseshoe crabs (Limulus sp.) pursuant to subdivision seven of this section, consult with any town, village or county that requests any municipal property be subject to a harvest closure. * NB Effective until January 1, 2029 * 8. No person shall take horseshoe crabs (Limulus sp.), including for commercial or biomedical purposes, from the waters of this state. Provided however that this section shall not apply to the taking of horseshoe crabs (Limulus sp.) for bona fide scientific or educational purposes including, but not limited to, public or not-for-profit zoos and aquaria, as determined by the commissioner pursuant to rules and regulations. * NB Effective January 1, 2029

Source: Section 13-0331 — Crabs; permit to take; prohibited acts, https://www.­nysenate.­gov/legislation/laws/ENV/13-0331 (updated Feb. 27, 2026; accessed Feb. 28, 2026).

13–0301
Lease of state-owned underwater lands for shellfish cultivation 13–0302
Lands underwater of Gardiner’s and Peconic bays 13–0303
Tax on state-owned underwater lands held under lease or franchise for shellfish cultivation 13–0305
Marking lands prohibited 13–0307
Sanitary surveys 13–0309
Taking, handling and importation of shellfish 13–0310
Northern or lined seahorses 13–0311
Digger’s permit to take shellfish for commercial purposes 13–0313
Shellfish growers 13–0315
Shellfish shipper’s and processor’s permit 13–0316
Marine hatcheries 13–0317
Shipping tags 13–0319
Shellfish regulations 13–0321
Taking and importation of shellfish for transplanting and other purposes 13–0323
Oysters 13–0325
Clams 13–0327
Scallops 13–0328
Commercial licenses 13–0329
Lobsters 13–0330
Whelks or conchs 13–0331
Crabs 13–0333
Menhaden 13–0334
Marine and coastal district food fish and crustacea dealers and shippers license 13–0335
Food fish 13–0336
Marine and coastal district party and charter boat license 13–0337
Return of fish, crustacea and other animals to the water 13–0338
Sharks 13–0339
Marine fish 13–0339–A
Atlantic cod (Gadus morhua), Atlantic sturgeon (Acipenser oxyrhynchus), shortnose sturgeon (Acipenser brevirostrum), American eel (Anguil... 13–0340
Bluefish (Pomatomus saltatrix) 13–0340–A
Weakfish (Cynoscion regalis) 13–0340–B
Fluke - summer flounder (Paralichthys dentatus) 13–0340–C
Winter flounder (Pleuorenectes americanus) 13–0340–D
Blackfish or tautog (Tautoga onitis) 13–0340–E
Scup (Stenotomus chrysops) 13–0340–F
Black sea bass (Centropristis striata) 13–0340–G
Monkfish (Lophius americanus, Lophius reticulatus and Lophius gastrophysus) 13–0341
Trawls 13–0342
Marine fisheries data 13–0343
Nets other than trawls 13–0343–A
Fish pots and traps 13–0344
Fish, shellfish and crustacea 13–0345
Protection of waters 13–0347
Management of striped bass in marine waters 13–0349
Taking of fish for commercial purposes 13–0350
Marine resources advisory council 13–0355
Recreational marine fishing registration 13–0360
Special management areas 13–0371
Atlantic States Marine Fisheries Compact
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Verified:
Feb. 28, 2026

Last modified:
Feb. 27, 2026

§ 13-0331. Crabs's source at nysenate​.gov

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