[Federal Register Volume 69, Number 108 (Friday, June 4, 2004)]
[Notices]
[Pages 31588-31590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1256]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 050304F]


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Application for Exempted Fishing Permit (EFP)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notification of a request for an EFP to harvest horseshoe 
crabs; request for comments.

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SUMMARY: NMFS announces that the Director, Office of Sustainable 
Fisheries, is considering issuing an EFP to Limuli Laboratories of Cape 
May Court House, NJ, to conduct the fourth 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 document also invites comments on the 
issuance of the EFP to Limuli Laboratories.

DATES: Comments on this action must be received on or before August 3, 
2004.

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 facsimile (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. Comments will not be 
accepted if submitted via the Internet.

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

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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. 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 February 5, 2001 (66 FR 8906) 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 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 LAL 
derived from the horseshoe crab.
    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 be 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 three years, and under Scientific Research Activity Permits issued 
to Dr. Jim Berkson, 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), and on August 14, 2003 (for collections from September 1-October 
31, 2003). 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 Commission, and to the State of New Jersey.

Results from 2003 EFP

    Limuli Laboratories applied for an EFP to collect horseshoe crabs 
for biomedical and data collection purposes from the Reserve in 2003. 
The EFP application specified that: (1) the same methods would be used 
in 2003 that were used in 2002 and 2001, (2) 10 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.
    An EFP was issued to Limuli Laboratories on August 6, 2003, which 
allowed them to collect horseshoe crabs in the Reserve until October 
31, 2003. A total of 5,889 horseshoe crabs were collected for the 
manufacture of LAL. The horseshoe crabs were collected on 20 dates (6 
days in September and 14 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. The average 
sex ratio for the landings in 2003 was 0.80 males per female, similar 
to the 2002 ratio of 0.85. Horseshoe crabs injured during transport and 
handling numbered 829 or 14.1 percent (115 or 11.4 percent in 2002) of 
the total while 108 horseshoe crabs or 1.8 percent (31 or 3.1 percent 
in 2002) were noted as unresponsive (presumed dead). Therefore, 4,952 
healthy, uninjured crabs were available for LAL processing. 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 4,952 processed for LAL, 199 female crabs were 
measured (interocular distances and prosoma widths), weighed, aged, and 
tagged to establish baseline morphometrics and ages, prior to being 
released. Bryozoans were found on 25.1 percent of the crabs and slipper 
shells were found on 20.1 percent. Twenty-eight of the crabs (14.1 
percent) had damage to their tail, being either broken or abnormal.
    Horseshoe crabs were aged in six categories using Dr. Carl N. 
Schuster Jr.'s criteria of aging by appearance: (1) first year or 
virgin, (2) young, (3) young/medium, (4) medium, (5) medium/old and, 
(6) old age. In 2003, the horseshoe crabs were categorized as virgin 
and young (34.68 percent), young/medium (55.27 percent), old (10.06 
percent). This finding supports the basis for the Reserve which was 
established to protect young horseshoe crabs. The average measurements 
for the female horseshoe crabs (no males were measured) were 165.36 mm 
for the interocular distance, 267.42 mm for the

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prosoma width, and 2.5 kg for weight. These averages are slightly lower 
than 2002.
    In 2003, a total of 725 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. Twenty-eight crabs or 6.2 percent were 
recovered from the 2001 and 2002 tagging of 450 horseshoe crabs. There 
were 20 recoveries or 8 percent from the 250 horseshoe crabs tagged in 
2001. Of these, 13 crabs were found alive and 7 were found dead. None 
of these crabs were bled for production of LAL in 2001. There were 
eight live returns or 4 percent from the 2002 tagging of 200 crabs, no 
dead returns were documented. The bled, tagged crabs were found 
spawning along the Delaware Bay shore in both New Jersey (Gradys, 
Fortescue, and Thompson beaches) and Delaware (Bowers, Kitts Hummock, 
and Slaughter beaches). The dates of recovery ranged from May 11 to 
June 23, coinciding with the spawning season. Tagged horseshoe crabs 
that were utilized for the manufacture of LAL in 2002 were observed 
spawning on Delaware Bay beaches in 2003.
    Data collected under the EFP were supplied to NOAA Fisheries, the 
Commission, and the State of New Jersey.

Proposed 2004 EFP

    Limuli Laboratories proposes to conduct an exempted fishery 
operation using the same means, methods, and seasons utilized during 
the EFPs in 2001-2003, as described below under terms and conditions. 
In addition, Limuli proposes to increase the percent of horseshoe crabs 
tagged from 10 to 15 percent.
    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 March 30, 2004, which was received on April 9, 2004. 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 per day and to a total of no more than 10,000 per 
year;
    2. Requiring collections to take place over a total of 
approximately 20 days during the months of July, August, September, 
October, and early November. Horseshoe crabs are readily available in 
harvestable concentrations nearshore earlier in the year, and offshore 
in the Reserve during July through early November;
    3. Requiring that a 5[bdfrac12] 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 NOAA Fisheries, 
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 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:
    1. Morphometric data, by sex (e.g., interocular distance and 
weight), and
    2. Level of activity, as measured by a response or by distance 
traveled after release on a beach.
    Based on the results of this EFP, this action may lead to future 
rulemaking.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 28, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E4-1256 Filed 6-3-04; 8:45 am]
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