[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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