[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60633-60634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25540]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE230
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Horseshoe Crabs; Application for Exempted Fishing Permit, 2015
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of a proposal to conduct exempted fishing; request
for comments.
-----------------------------------------------------------------------
SUMMARY: The Director, Office of Sustainable Fisheries, has made a
preliminary determination that the subject exempted fishing permit
(EFP) application submitted by Limuli Laboratories of Cape May Court
House, NJ, contains all the required information and warrants further
consideration. The proposed EFP would allow the harvest of up to 10,000
horseshoe crabs from the Carl N. Shuster Jr. Horseshoe Crab Reserve
(Reserve) 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. The Director has also made a preliminary
determination that the activities authorized under the EFP would be
consistent with the goals and objectives of the Atlantic States Marine
Fisheries Commission's (Commission) Horseshoe Crab Interstate Fisheries
Management Plan (FMP). However, further review and consultation may be
necessary before a final determination is made to issue the EFP.
Therefore, NMFS announces that the Director, Office of Sustainable
Fisheries, proposes to recommend that an EFP be issued that would allow
up to two commercial fishing vessels to conduct fishing operations that
are otherwise restricted by the regulations promulgated under the
Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal
Act). The EFP would allow for an exemption from the Reserve.
Regulations under the Atlantic Coastal Act require publication of
this notification to provide interested parties the opportunity to
comment on applications for proposed EFPs.
DATES: Written comments on this action must be received on or before
October 19, 2015.
ADDRESSES: Written comments should be sent to Alan Risenhoover,
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 email to: [email protected]. Include in the
subject line of the email comment the following document identifier:
``Horseshoe Crab EFP Proposal Comments.''
FOR FURTHER INFORMATION CONTACT: Derek Orner, Office of Sustainable
Fisheries, (301) 427-8567.
SUPPLEMENTARY INFORMATION:
Background
Limuli Laboratories submitted an application for an EFP dated
January 31, 2014, to collect up to 10,000 horseshoe crabs for
biomedical and data collection purposes from the Reserve. The applicant
has applied for, and received, a similar EFP every year from 2001-2013.
The current EFP application specifies that: (1) The same methods would
be used that were used in years 2001-2013, (2) at least 15 percent of
the bled horseshoe crabs would be tagged, 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. The project submitted by Limuli Laboratories would
provide morphological data on horseshoe crab catch, would tag a portion
of the caught horseshoe crabs, and would use the blood from the caught
horseshoe crabs to manufacture Limulus Amebocyte Lysate (LAL), an
important health and safety product used for the detection of
endotoxins. The LAL assay is used by medical professionals, drug
companies, and pharmacies to detect endotoxins in intravenous
pharmaceuticals and medical devices that come into contact with human
blood or spinal fluid.
[[Page 60634]]
Result of 2013 EFP
During the 2013 season, a total of 3,500 horseshoe crabs were
gathered over a period of ten days, from the Reserve for the
manufacture of LAL. After transportation to the laboratory, the
horseshoe crabs were inspected for size, injuries, and responsiveness.
The injured horseshoe crabs numbered 272, or 7.8% of the total, while
36, or 1.0%, were noted as slow moving. In addition, three horseshoe
crabs were rejected due to small size. Overall, 3,189 horseshoe crabs
were used (bled) in the manufacture of LAL. Two hundred of the bled
horseshoe crabs were randomly selected for activity, morphometric and
aging studies. The activity level was categorized as ``active'' for 192
studied animals and ``extremely active'' for eight. Morphometric
studies noted that average inter-ocular distances, the prosoma widths
and the weights of these 200 horseshoe crabs trended toward the higher
end of the range established over the study period (2001-2011). Of the
200 horseshoe crabs examined in 2013, more than half (57%) were
categorized as medium aged followed by young (37%). Older animals
numbered 10 or 5% which is much less than the percentages reported in
2010 and 2011 and similar to the 2007 year.
The 200 studied horseshoe crabs and 325 additional bled horseshoe
crabs were tagged and released into the Delaware Bay. To date, 116 live
re-sightings have occurred from the release of 5,463 horseshoe crabs
collected from the Reserve. The observed horseshoe crabs were found 1
to 8 years after release, primarily along the Delaware Bay shores
during their spawning season.
Data collected under previous EFPs were supplied to NMFS, the
Commission and the State of New Jersey. There was no EFP issued for
2014.
Proposed 2015 EFP
Limuli Laboratories proposes to conduct an exempted fishery
operation in 2015 using the same means, methods, and seasons proposed/
utilized during the EFPs in 2001-2013. Limuli proposes to annually
continue to tag at least 15 percent of the bled horseshoe crabs as they
did in 2013. NMFS would require that the following terms and conditions
be met for issuance of the EFP for 2015:
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\1/2\ 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. 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
6. Requiring that any turtle take be reported to NMFS, Northeast
Region, Assistant Regional Administrator of Protected Resources
Division, within 24 hours of returning from the trip in which the
incidental take occurred.
As part of the terms and conditions of the EFP, for all horseshoe
crabs bled for LAL, NMFS would require that the EFP holder provide data
annually on sex ratio and daily harvest. Also, the EFP holder would be
required to examine at least 200 horseshoe crabs annually for
morphometric data. Terms and conditions may be added or amended prior
to the issuance of the EFP or on an annual basis.
The proposed EFP would exempt two commercial vessels from
regulations at 50 CFR 697.7(e) and 697.23(f), which prohibit the
harvest and possession of horseshoe crabs from the Reserve on a vessel
with a trawl or dredge gear aboard.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 2, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-25540 Filed 10-6-15; 8:45 am]
BILLING CODE 3510-22-P