[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Notices]
[Pages 36124-36126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12353]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 061405C]
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Application for Exempted Fishing Permit Related to Horseshoe Crabs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: NMFS announces that the Director, Office of Sustainable
Fisheries, is considering issuing an Exempted Fishing Permit to Limuli
Laboratories of Cape May Court House, NJ, to conduct the fifth year of
an exempted fishing operation otherwise restricted by regulations
prohibiting the harvest of horseshoe crabs in the Carl N. Schuster Jr.
Horseshoe Crab Reserve (Reserve) located 3 nautical miles (nm) seaward
from the mouth of the Delaware Bay. If granted, the EFP would allow the
harvest of 10,000 horseshoe crabs for biomedical purposes and require,
as a condition of the EFP, the collection of data related to the status
of horseshoe crabs within the Reserve. This notice also invites
comments on the issuance of the EFP to Limuli Laboratories.
DATES: Written comments on this action must be received on or before
July 7, 2005.
ADDRESSES: Written comments should be sent to John H. Dunnigan,
Director, Office of Sustainable Fisheries, NMFS, 1315 East-West
Highway, Room 13362, Silver Spring, MD 20910. Mark the outside of the
envelope ``Comments on Horseshoe Crab EFP Proposal.'' Comments may also
be sent via fax to (301) 713-0596. Comments on this notice may also be
submitted by e-mail to: [email protected]. Include in the
subject line of the e-mail comment the following document identifier:
Horseshoe Crab EFP Proposal.
FOR FURTHER INFORMATION CONTACT: Tom Meyer, Fishery Management
Biologist, (301) 713-2334.
SUPPLEMENTARY INFORMATION:
Background
The regulations that govern exempted fishing, at 50 CFR 600.745(b)
and 697.22, allow a Regional Administrator or the Director of the
Office of Sustainable Fisheries to authorize for limited testing,
public display, data collection, exploration, health and safety,
environmental clean-up and/or hazardous removal purposes, the targeting
or incidental harvest of managed species that would otherwise be
prohibited. Accordingly, an EFP to authorize such activity may be
issued, provided: there is adequate opportunity for the public to
comment on the EFP application, the conservation goals and objectives
of the fishery management plan are not compromised, and issuance of the
EFP is beneficial to the management of the species.
The Reserve was established on March 7, 2001 to protect the
Atlantic coast stock of horseshoe crabs and to support the
effectiveness of the Atlantic States Marine Fisheries Commission's
(Commission) Interstate Fishery Management Plan (ISFMP) for horseshoe
crabs. The final rule (February 5, 2001; 66 FR 8906) prohibited fishing
for and possession of horseshoe crabs in the Reserve on a vessel with a
trawl or dredge gear aboard while in the Reserve. While the rule did
not allow for any biomedical harvest or the collection of fishery
dependent data, NMFS stated in the comments and responses section that
it would consider issuing EFPs for the biomedical harvest of horseshoe
crabs in the Reserve.
The biomedical industry collects horseshoe crabs, removes
approximately 30 percent of their blood, and returns them alive to the
water. Approximately 10 percent do not survive the bleeding process.
The blood contains a reagent called Limulus Amebocyte Lysate (LAL) that
is used to test injectable drugs and medical devices for bacteria and
bacterial by-products. Presently, there is no alternative to the LAL
derived from horseshoe crabs.
NMFS manages horseshoe crabs in the exclusive economic zone in
close cooperation with the Commission and the U.S. Fish and Wildlife
Service. The Commission's Horseshoe Crab Management Board met on April
21, 2000, and again on December 16, 2003, and recommended to NMFS that
biomedical companies with a history of collecting horseshoe crabs in
the Reserve are given an exemption to continue their historic levels of
collection not to exceed a combined harvest total of 10,000 crabs
annually. In 2000, the Commission's Horseshoe Crab Plan Review Team
reported that biomedical harvest of up to 10,000 horseshoe crabs should
be allowed to continue in the Reserve given that the resulting
mortality should be only about 1,000 horseshoe crabs (10 percent
mortality during bleeding process). Also in 2000, the Commission's
Horseshoe Crab Stock Assessment Committee Chairman recommended that, in
order to protect the Delaware Bay horseshoe crab population from over-
harvest or excessive collection mortality, no more than a maximum of
20,000 horseshoe crabs should be collected for biomedical purposes from
the Reserve. In addition to the direct mortality of horseshoe crabs
that are bled, it can be expected that more than 20,000 horseshoe crabs
will be trawled up and examined for LAL processing. This is because
horseshoe crab trawl catches usually include varied sizes and sexes of
horseshoe crabs and large female horseshoe crabs are the ones usually
selected for LAL processing. The remaining horseshoe crabs are released
at sea with some unknown amount of mortality. Although unknown, this
mortality is expected to be negligible.
Collection of horseshoe crabs for biomedical purposes from the
Reserve is necessary because of the low numbers of horseshoe crabs
found in other areas along the New Jersey Coast from July through early
November and because of the critical role horseshoe crab blood plays in
health care. In conjunction with the biomedical harvest, NMFS is
considering requiring that scientific data be collected from the
horseshoe crabs taken in the Reserve as a condition of receiving an
EFP. Since the Reserve was first established, the only fishery data
from the Reserve were under EFPs issued to Limuli Laboratories for the
past four years, and under Scientific Research Activity Letter of
Acknowledgment issued Virginia Polytechnic Institute and State
University's Department of Fisheries and Wildlife Science on September
4, 2001 (for collections from September 1-October 31, 200l), on
September 24, 2002 (for collections from September 24-November 15,
2002), on August 14, 2003 (for collections from September 1-October 31,
2003), and on September 15, 2004 (for collections from September 15-
October 31, 2004). Further data are needed to improve the understanding
of the horseshoe crab population in the Delaware Bay area and to better
manage the horseshoe crab resource under the cooperative state/Federal
management program. The data collected through the EFP will be provided
to NMFS, the
[[Page 36125]]
Commission, and to the State of New Jersey.
Results from 2004 EFP
Limuli Laboratories applied for an EFP to collect horseshoe crabs
for biomedical and data collection purposes from the Reserve in 2004.
The EFP application specified that: (1) the same methods would be used
in 2004 that were used in years 2001-2003, (2) 15 percent of the bled
horseshoe crabs would be tagged - an increase from 10 percent, and (3)
there had not been any sighting or capture of marine mammals or
endangered species in the trawling nets of fishing vessels engaged in
the collection of horseshoe crabs since 1993.
An EFP was issued to Limuli Laboratories on July 12, 2004, which
allowed them to collect horseshoe crabs in the Reserve until November
14, 2004. A total of 1,724 horseshoe crabs were collected within the
Reserve. Of these, 1,500 animals were used for the manufacture of LAL.
Horseshoe crab activity levels were noted as active (59 percent) and
very active (33 percent). Only 8 percent of the animals exhibited
little if no movement when placed on the scale. The remaining 224
animals were rejected for biomedical use due to lethargy or injury.
Horseshoe crabs were collected on 23 days (6 days in July, 4 days in
August, 5 days in September and 8 days in October), and were
transported to the laboratory for the bleeding operation and inspected
for sex, size, injuries and responsiveness. Three to four tows were
conducted during each fishing trip with the tows lasting no more than
30 minutes to avoid impacting loggerhead turtles. Horseshoe crabs were
unloaded at Two Mile Dock, Wildwood Crest, New Jersey and at County
Dock, Ocean City, Maryland and transported to the laboratory by truck.
Horseshoe crabs injured during transport and handling numbered 137
crabs or 7.95 percent (829 crabs or 14.1 percent in 2003) of the total
while 87 horseshoe crabs or 5.05 percent (108 crabs or 1.8 percent in
2003) were noted as unresponsive (presumed dead). Since large horseshoe
crabs, which are generally females, are used for LAL processing, most
of the crabs transported to the laboratory were females. Of those 1,500
processed for LAL, 248 female crabs were measured (interocular
distances and prosoma widths), weighed, aged, and tagged to establish
baseline morphometrics and ages, prior to being released. An additional
64 female bled animals were tagged for a total of 313 animals. The
average measurements for the female horseshoe crabs were 166.32 mm
(165.36 mm in 2003) for the inter-ocular distance, 264.90 mm (267.42 mm
in 2003) for the prosoma width and 2.39 kg (2.5 kg in 2003) for the
weight. Encrusting organisms (bryozoans, barnacles and sand tub worms)
were found on 66.9 percent of the horseshoe crabs examined. Broken
tails were observed in 11.3 percent of the individuals.
Horseshoe crabs were aged in 2004 using Dr. Carl N. Schuster Jr.'s
criteria of aging by appearance: virgin (5.31 percent), young (30.61
percent), young/medium (42.05 percent), and old (18.78 percent). This
finding supports the basis for the Reserve, which was established to
protect young horseshoe crabs.
In 2004, a total of 313 horseshoe crabs from the Reserve were
tagged and released at the water's edge on Highs Beach, New Jersey. The
beach was checked frequently, following release, to ensure the crabs
had returned to the water. Twelve live recoveries of crabs previously
bled, tagged, and released during 2001-2003, were found spawning along
the Delaware Bay shore in both New Jersey (Cape Shore Lab, Thompsons,
Reeds Beach, Jones Beach, Kimbles Beach, Del Haven, and East Point),
and Delaware (Bowers). One live recovery, released in 2003, was found
spawning on Jones Beach, New York. Three dead recoveries of crabs
previously bled, tagged, and released in 2001 and 2003, were found in
New Jersey (Villas and Pierces Point).
Data collected under the EFP were supplied to NMFS, the Commission,
and the State of New Jersey.
Proposed 2005 EFP
Limuli Laboratories proposes to conduct an exempted fishery
operation using the same means, methods, and seasons utilized during
the EFPs in 2001-2004, as described below under terms and conditions.
Limuli proposes to continue to tag 15 percent of the bled horseshoe
crabs as they did in 2004, up from 10 percent during years 2001-2003.
The proposed EFP would exempt two commercial vessels from
regulations at 50 CFR 697.7(e), which prohibit fishing for horseshoe
crabs in the Reserve under Sec. 697.23(f)(1) and prohibit possession
of horseshoe crabs on a vessel with a trawl or dredge gear aboard in
the same Reserve.
Limuli Laboratories, in cooperation with the State of New Jersey's
Division of Fish and Wildlife, submitted an application for an EFP
dated June 2, 2005, which was received on June 6, 2005. NMFS has made a
preliminary determination that the subject EFP contains all the
required information and warrants further consideration. NMFS has also
made a preliminary determination that the activities authorized under
the EFP would be consistent with the goals and objectives of the
Federal horseshoe crab regulations and the Commission's Horseshoe Crab
ISFMP.
Regulations at 50 CFR 600.745(b)(3)(v) authorize NMFS to attach
terms and conditions to the EFP consistent with: the purpose of the
exempted fishery, the objectives of horseshoe crab regulations and
fisheries management plan, and other applicable law. NMFS is
considering adding the following terms and conditions to the EFP:
1. Limiting the number of horseshoe crabs collected in the Reserve
to no more than 500 crabs per day and to a total of no more than 10,000
crabs per year;
2. Requiring collections to take place over a total of
approximately 20 days during the months of July, August, September,
October, and November. Horseshoe crabs are readily available in
harvestable concentrations nearshore earlier in the year, and offshore
in the Reserve from July through November;
3. Requiring that a 5[frac1s2] inch (14.0 cm) flounder net be used
by the vessel to collect the horseshoe crabs. This condition would
allow for continuation of traditional harvest gear and adds to the
consistency in the way horseshoe crabs are harvested for data
collection;
4. Limiting trawl tow times to 30 minutes as a conservation measure
to protect sea turtles, which are expected to be migrating through the
area during the collection period, and are vulnerable to bottom
trawling;
5. Restricting the hours of fishing to daylight hours only,
approximately from 7:30 a.m. to 5 p.m. to aid law enforcement. NMFS
also is considering a requirement that the State of New Jersey Law
Enforcement be notified daily as to when and where the collection will
take place;
6. Requiring that the collected horseshoe crabs be picked up from
the fishing vessels at docks in the Cape May Area and transported to
local laboratories, bled for LAL, and released alive the following
morning into the Lower Delaware Bay; and
7. Requiring that any turtle take be reported to NMFS, NERO
Assistant Regional Administrator of Protected Resources Division
(phone, (978) 281-9328) within 24 hours of returning from the trip in
which the incidental take occurred.
Also as part of the terms and conditions of the EFP, for all
horseshoe crabs bled for LAL, NMFS is considering a requirement that
the EFP
[[Page 36126]]
holder provide data on sex ratio and daily numbers, and tag 15 percent
of the horseshoe crabs harvested. Also, the EFP holder may be required
to examine at least 200 horseshoe crabs for: morphometric data, by sex
(e.g., interocular distance and weight), and level of activity, as
measured by a response or by distance traveled after release on a
beach.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 16, 2005.
John H. Dunnigan
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 05-12353 Filed 6-21-05; 8:45 am]
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