Currently there are few restrictions on crabbing in New York State. The past two legislative sessions have seen proposals to deal with the explosive growth of the crab fishery, particularly on the south shore of Long Island. Mr. Colvin referred to a list prepared earlier by the Department encompassing those issues that will be dealt with by revised and expanded crabbing regulations, asking the Council for specific additions and/or deletions to this list. The Department is writing the regulatory package now.

With respect to winter crab dredging, three alternatives are being considered: 1) phase out all crab dredging over time; 2) restrict the dredge size to a maximum 75" width; or 3) phase out dredging/restrict dredge size in specified areas only. It may be proposed that an individual must have a commercial crab license if he/she is in possession of more than a certain number of crabs (50?) for any reason or in possession of any crabs if they are to be sold. Another provision under review would exempt permit holders from the licensing provision if they possess crabs solely as part of a predator control programs and not for sale. The new regulations may require commercial crab license holders to periodically tend their traps at some minimum frequency. User conflicts have developed between crab potters and other users of New York’s marine waters with the growth in the number of pots and pot buoys in the water. This is especially true on the south shore of Long Island.

Many of the DEC provisions are similar to what has already been proposed, with the addition of escape vents, biodegradable panels, and turtle excluders. Pots would be required to bear identification; if buoyed, the buoys must be visible and identified. Pots may not be set in navigation channels or other sensitive areas, must be attended every 72 hours, and may not be set between December 1 and March 31. An exclusion would allow a small number of unattended pots to be set from shore on private property. The blue crab minimum size limit would be 5" for hard shell and 3.5" for soft shell with a seasonal limit allowing trot lines only between April 1 and December 31. Horseshoe crabs are now subject to an interstate management plan which requires both special permits and mandatory reporting. Mandatory reporting for all crab harvesting may be included in other regulations.

Towns and villages would not be required to get licenses for predator control of crabs before shellfish seeding programs. The proposed regulations will apply only to persons and Mr. Colvin explained that a municipality is not a person. Therefore, as long as the municipality or village does not sell crabs taken in predator control programs, no license would be needed. Councilor Relyea stated that aquaculturists need to leave crab traps unattended and the minimum size limit should not apply to crabs taken in predator control programs conducted by aquaculture firms. Their traps are specifically for predator control; he hadn’t yet seen a turtle in one. Chairman Wise suggested a general exemption to the proposed crabbing regulations for aquaculturists, except for the escape vents.

Much discussion took place on the prospective banning/restriction of winter crab dredging. The DEC indicated that this practice allegedly destroys seagrass beds, which are important habitat for many finfish species. Regulations being considered now may exclude crab dredging where there is submerged aquatic vegetation and/or areas with shellfish populations which might be incidentally taken. Approximately 30-40 individuals regularly dredge for crabs in the winter. Several of these individuals said that they do not dredge in beds of vegetation, because the crabs are not in these areas. They questioned the need for stricter crabbing regulations as crabs are extremely abundant at the moment. Some fishermen suggested that dredging actually cleaned the bottom by bringing up trash. It was stated that the proposed minimum size limits on shedder crabs made no sense if other states were allowed to market the same product in New York. Mr. Colvin answered that possession and sale of wild product according to New York minimum size limits has been consistently enforced, but there were difficulties when closed/open seasons for a species differed between New York and other states. It was suggested that the language of the proposed regulations, if it prohibits setting of crab pots from "municipal mooring areas," specify these as 100 yards from the boundaries defined by the town; some South Shore municipalities claim regulatory authority up to 500 feet beyond their boundaries. One individual stated that too many regulations restricting commercial fishing based on anecdotal information alone were being developed; harm to fishermen’s livelihoods should be carefully weighed against verifiable benefits to the environment.

Mr. Colvin stated that many of these crab regulation issues had been considered for years. The suggestion of the need to control crab dredging because of its potential impact on fish habitat had come from the Council. It was noted that the abundance of blue crabs in New York waters may be interconnected with the health of the blue crab population in the Chesapeake Bay, which now is largely fished out. While it is not known how many Chesapeake Bay crab larvae float north to our estuaries, there is speculation that the abundance of our crab population is actually affected by this process as well as by winter temperatures. Crab dredgers in attendance stated that they believed pollution and water temperature alone determined the abundance of the blue crab resource in New York’s waters.

The DEC will prepare the regulatory package and put it out for public comment, after which the package will be again put before the Council, along with the public comment record.