[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39267-39270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12786]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R5-FAC-2023-N046; FXFR13350500000/234/FF05F24400; OMB Control 
Number 1018-0127]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget; Horseshoe Crab and Cooperative Fish 
Tagging Programs

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the U.S. Fish and Wildlife Service (Service), are proposing to renew an 
information collection without change.

DATES: Interested persons are invited to submit comments on or before 
July 17, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to https://www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by selecting ``Currently under 
Review--Open for Public Comments'' or by using the search function. 
Please provide a copy of your comments to the Service Information 
Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: PRB 
(JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail); or by 
email to [email protected]. Please reference ``1018-0127'' in the 
subject line of your comments.

[[Page 39268]]


FOR FURTHER INFORMATION CONTACT: Madonna L. Baucum, Service Information 
Collection Clearance Officer, by email at [email protected], or by 
telephone at (703) 358-2503. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act (PRA, 44 U.S.C. 3501 et seq.) and its implementing regulations at 5 
CFR 1320.8(d)(1), all information collections require approval under 
the PRA. We may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.
    On February 10, 2023, we published in the Federal Register (88 FR 
8906) a notice of our intent to request that OMB approve this 
information collection. In that notice, we solicited comments for 60 
days, ending on April 11, 2023. In an effort to increase public 
awareness of, and participation in, our public commenting processes 
associated with information collection requests, the Service also 
published the Federal Register notice on Regulations.gov (Docket FWS-
R5-FAC-2023-0004) to provide the public with an additional method to 
submit comments (in addition to the typical [email protected] email and 
U.S. mail submission methods). We received the following comments in 
response to that notice:
    Comment 1: Electronic submission via Regulations.gov (FWS-R5-FAC-
2023-0004-0002) received from Jean Publiee on February 10, 2023, which 
did not address the information collection requirements.
    Agency Response to Comment 1: The commenter did not address the 
information collection requirements. No response required.
    Comment 2: Electronic submission via Regulations.gov (FWS-R5-FAC-
2023-0004-0003) received anonymously on April 11, 2023, which did not 
address the information collection requirements.
    Agency Response to Comment 2: The commenter did not address the 
information collection requirements. No response required.
    Comment 3: Electronic submission via Regulations.gov (FWS-R5-FAC-
2023-0004-0004) received from Amanda Day on April 11, 2023:
    A letter was submitted with comment 3, addressing a few key points 
of the horseshoe crab tagging program and suggesting potential protocol 
revisions. The commenter wrote that it was the wrong time to terminate 
the crab tagging program, in part because it is the only mark-recapture 
effort that can provide information on population and survival 
estimates for horseshoe crabs. The commenter suggested that we employ a 
standardized protocol for data comparability, select a minimum number 
of beaches per State, conduct tag recovery surveys, develop datasheets, 
use online data entry, and reconsider tagging by biomedical companies.
    Agency Response to Comment 3: We appreciate the thoughtful response 
regarding horseshoe crab tagging. Many of the protocol suggestions are 
already in place. We currently provide datasheets to all interested 
tagging partners and require tagging agencies/groups to conduct resight 
surveys as part of their agreement to participate in the horseshoe crab 
tagging program. Additionally, since we have added the online method 
for tag reporting (at fws.gov/crabtag), about 95 percent of all tag 
returns are submitted this way. We understand the concern over 
biomedical companies tagging horseshoe crabs; however, the data 
acquired by biomedical companies tagging bled horseshoe crabs has 
proven to be very useful. It has helped us estimate survival rates of 
bled crabs vs. unbled crabs, a long-time management concern over 
biomedical bleeding of horseshoe crabs. As management continues to 
refine best management practices for biomedical bleeding, tagging data 
can provide insight into the effectiveness of those practices.
    Comment 4: Electronic submission via Regulations.gov (FWS-R5-FAC-
2023-0004-0005) received from the Delaware Riverkeeper Network on April 
12, 2023:
    The Delaware Riverkeeper Network (DRN) wrote a comment in support 
of continuation of horseshoe crab tagging. They assist with a current 
tagging partner and believe the program is useful in a number of ways, 
including exposing members of the public to the unique experience of 
working to help manage horseshoe crabs via tagging. The DRN suggested 
deploying additional tags and also asked the Service to consider the 
recent best management practices for biomedical bleeding, provided by 
the Horseshoe Crab Recovery Coalition.
    Agency Response to Comment 4: We appreciate the kind words about 
the tagging program and the volunteer efforts by all those with DRN and 
associated tagging partners. At this time, it would be difficult to 
provide more tags to the American Littoral Society (ALS; the tagging 
partner working with DRN), because we have a limited budget and already 
provide tags. Additional tags result in higher costs, mainly stemming 
from the associated rewards associated with recaptures of those tags by 
the public. We will continue to work with the Atlantic States Marine 
Fisheries Commission (ASMFC) and all tagging partners to best determine 
the proper distribution of tags along the Atlantic Coast. Consideration 
of the best management practices is outside of the scope of response 
associated with this information collection.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we invite the public and other Federal agencies to comment on 
new, proposed, revised, and continuing collections of information. This 
helps us assess the impact of our information collection requirements 
and minimize the public's reporting burden. It also helps the public 
understand our information collection requirements and provide the 
requested data in the desired format.
    We are especially interested in public comment addressing the 
following:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) How might the agency minimize the burden of the collection of 
information on those who are to respond, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of response.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this ICR. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we

[[Page 39269]]

cannot guarantee that we will be able to do so.
    Abstract: The Fish and Wildlife Act of 1956 (16 U.S.C. 742f) 
requires the Department of the Interior to take steps ``required for 
the development, advancement, management, conservation, and protection 
of fishery resources.'' In addition, the Endangered Species Act of 1973 
(16 U.S.C. 1531-1544), the Wildlife Coordination Act (16 U.S.C. 661-
666c), and the Anadromous Fish Conservation Act (16 U.S.C. 757a-757g) 
each authorize the Department of the Interior to enter into cooperative 
agreements with stakeholders to protect and conserve fishery resources. 
The Service's Maryland Fish and Wildlife Conservation Office (MDFWCO) 
will collect information on horseshoe crabs and fishes captured by the 
public. Tag information provided by the public will be used to estimate 
recreational and commercial harvest rates, estimate natural mortality 
rates, and evaluate migratory patterns, length and age frequencies, and 
effectiveness of current regulations.
    Horseshoe crabs play a vital role commercially, biomedically, and 
ecologically along the Atlantic coast. Horseshoe crabs are commercially 
harvested and used as bait in eel and conch fisheries. Biomedical 
companies along the coast also collect and bleed horseshoe crabs at 
their facilities. Limulus amebocyte lysate, derived from horseshoe crab 
blood, is used by pharmaceutical companies to test sterility of 
products. Finally, migratory shorebirds also depend on the eggs of 
horseshoe crabs to refuel on their migrations from South America to the 
Arctic. One bird in particular, the rufa red knot (Calidris canutus 
rufa), feeds primarily on horseshoe crab eggs during its stopover. 
Effective January 12, 2015, the rufa red knot was listed as threatened 
under the Endangered Species Act (79 FR 73706; December 11, 2014).
    In 1998, the ASMFC, a management organization with representatives 
from each State on the Atlantic coast, developed a horseshoe crab 
management plan. The ASMFC plan and its subsequent addenda established 
mandatory State-by-State harvest quotas and created the 1,500-square-
mile Carl N. Shuster, Jr., Horseshoe Crab Sanctuary off the mouth of 
Delaware Bay.
    Restrictive measures have been taken in recent years; however, 
populations are increasing slowly. Because horseshoe crabs do not breed 
until they are 9 years or older, it may take some time before the 
population measurably increases. Federal and State agencies, 
universities, and biomedical companies participate in a Horseshoe Crab 
Cooperative Tagging Program. The Service's MDFWCO maintains the 
information collected under this program and uses it to evaluate 
migratory patterns, survival, and abundance of horseshoe crabs.
    Members of the public who recover tagged crabs provide the 
following information using Form 3-2310 (Horseshoe Crab Recapture 
Report):
     Tag number;
     Whether or not tag was removed;
     Condition of crab;
     Date captured/found;
     Crab fate;
     Finder type;
     Capture method;
     Capture location;
     Reporter information; and
     Comments.
    Agencies that tag and release the crabs complete Form 3-2311 
(Horseshoe Crab Tagging) and provide the Service with:
     Organization name;
     Contact person name;
     Tag number;
     Sex of crab;
     Prosomal width; and
     Capture site, latitude, longitude, waterbody, State, and 
date.
    At the request of the public participant reporting the tagged crab, 
we send data pertaining to the tagging program and tag and release 
information on the horseshoe crab tag that was found.
    Fish will be tagged with an external tag containing a toll-free 
number for MDFWCO. Tagged species of fish include striped bass (Morone 
saxatilis), Atlantic sturgeon (Acipenser oxyrinchus) and shortnose 
sturgeon (Acipenser brevirostrum), northern snakehead (Channa argus), 
and American shad (Alosa sapidissima). Members of the public reporting 
a tag will be asked a series of questions pertaining to the fish that 
they are referencing. The Service uses the following four forms to 
collect information used by fisheries managers throughout the Atlantic 
Coast, depending on species:
     Form 3-2493, ``American Shad Recapture Report'';
     Form 3-2494, ``Snakehead Recapture Report'';
     Form 3-2495, ``Striped Bass Recapture Report''; and
     Form 3-2496, ``Sturgeon Recapture Report.''
    American shad are tagged by the New York Department of 
Environmental Conservation (NYDEC), which retains all fish tagging 
information. The public reports tags to MDFWCO, who provides 
information on tag returns to NYDEC. Tag return data are used to 
monitor migration and abundance of shad along the Atlantic coast.
    Northern snakehead is an invasive species found in many watersheds 
throughout the mid-Atlantic region. It has been firmly established in 
the Potomac River since at least 2004 and is now in nearly every major 
Chesapeake Bay tributary. Federal and State biologists within the 
Chesapeake Bay watershed have been tasked with managing the impacts of 
northern snakehead. Tagging of northern snakehead is used to learn more 
about the species so that control efforts can be better informed. 
Tagging is also used to estimate population sizes to monitor trends in 
abundance. Recreational and commercial fishers reporting tags provide 
information on harvest rates and migration patterns as well.
    Striped bass are cooperatively managed by Federal and State 
agencies through the Atlantic States Marine Fisheries Commission 
(ASMFC). The ASMFC uses fish tag return data to conduct stock 
assessments for striped bass. The database and collection are housed 
within MDFWCO, while the tagging is conducted by State agencies 
participating in striped bass management. Without this data collection, 
striped bass management would likely suffer from a lack of quality 
data. As required by Congress under the Atlantic Striped Bass 
Conservation Act (16 U.S.C. 5151-5158), striped bass tagging data is 
used to manage the coast-wide stock.
    Sturgeon are tagged by Federal, State, and university biologists 
and nongovernmental organizations along the U.S. east coast and into 
Canada, and throughout the United States and Canada. Local populations 
of Atlantic sturgeon have been listed as either threatened or 
endangered since 2012, and shortnose populations have been listed since 
1973. The information collected provides data on tag retention and 
sturgeon movement along the east coast. The data are also used to 
address some of the management and research needs identified by 
amendment 1 to the ASMFC's Atlantic Sturgeon Fishery Management Plan.
    Data collected across these tagging programs are similar in nature, 
including:
     Tag number;
     Date of capture;
     Waterbody of capture;
     Capture method;
     Fish length, weight, and fate (whether released or 
killed); and
     Fisher type (i.e., commercial, recreational, etc.).

[[Page 39270]]

    In addition, if the tag reporter desires more information on their 
tagged fish or wants the modest reward that comes with reporting a tag, 
we ask their address so that we can mail them the information.
    The public may request a copy of Form 3-156 contained in this 
information collection by sending a request to the Service Information 
Collection Clearance Officer (see ADDRESSES).
    Title of Collection: Horseshoe Crab and Cooperative Fish Tagging 
Programs.
    OMB Control Number: 1018-0127.
    Form Number: Forms 3-2310, 3-2311, and 3-2493 through 3-2496.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Respondents include Federal and State 
agencies, universities, and biomedical companies who conduct tagging, 
and members of the general public who provide recapture information.
    Total Estimated Number of Annual Respondents: 2,026.
    Total Estimated Number of Annual Responses: 3,648.
    Estimated Completion Time per Response: Varies from 5 minutes to 95 
hours, depending on activity.
    Total Estimated Number of Annual Burden Hours: 2,241.
    Respondent's Obligation: Voluntary.
    Frequency of Collection: Respondents will provide information on 
occasion, upon tagging or upon encounter with a tagged crab or fish.
    Total Estimated Annual Nonhour Burden Cost: None.
    An agency may not conduct or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2023-12786 Filed 6-14-23; 8:45 am]
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