80 FR 60633 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; Horseshoe Crabs; Application for Exempted Fishing Permit, 2015

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 194 (October 7, 2015)

Page Range		60633-60634
FR Document		2015-25540

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.

Federal Register, Volume 80 Issue 194 (Wednesday, October 7, 2015)

[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60633-60634]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25540]


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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

Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices 60633

DEPARTMENT OF COMMERCE current biopsy sampling, is authorized. fishing vessels to conduct fishing
The permit expires on February 28, operations that are otherwise restricted
National Oceanic and Atmospheric 2019. by the regulations promulgated under
Administration In compliance with the National the Atlantic Coastal Fisheries
Environmental Policy Act of 1969 (42 Cooperative Management Act (Atlantic
RIN 0648–XS35
U.S.C. 4321 et seq.), a final Coastal Act). The EFP would allow for
Marine Mammals; File No. 14450 determination has been made that the an exemption from the Reserve.
activity proposed is categorically Regulations under the Atlantic
AGENCY: National Marine Fisheries excluded from the requirement to Coastal Act require publication of this
Service (NMFS), National Oceanic and prepare an environmental assessment or notification to provide interested parties
Atmospheric Administration (NOAA), environmental impact statement. the opportunity to comment on
Commerce. Dated: October 1, 2015. applications for proposed EFPs.
ACTION: Notice; issuance of permit Julia Harrison, DATES: Written comments on this action
amendment. Chief, Permits and Conservation Division, must be received on or before October
Office of Protected Resources, National 19, 2015.
SUMMARY: Notice is hereby given that a
Marine Fisheries Service. ADDRESSES: Written comments should
major amendment to Permit No. 14450–
[FR Doc. 2015–25502 Filed 10–6–15; 8:45 am] be sent to Alan Risenhoover, Director,
03 has been issued to the National
BILLING CODE 3510–22–P Office of Sustainable Fisheries, NMFS,
Marine Fisheries Service’s Southeast
1315 East-West Highway, Room 13362,
Fisheries Science Center (SEFSC), 75
Silver Spring, MD 20910. Mark the
Virginia Beach Drive, Miami, FL 33149 outside of the envelope ‘‘Comments on
DEPARTMENT OF COMMERCE
[Responsible Party: Bonnie Ponwith, Horseshoe Crab EFP Proposal.’’
Ph.D.]. National Oceanic and Atmospheric Comments may also be sent via fax to
ADDRESSES: The permit amendment and Administration (301) 713–0596. Comments on this
related documents are available for RIN 0648–XE230 notice may also be submitted by email
review upon written request or by to: nmfs.state-federal@noaa.gov. Include
appointment in the following offices: Atlantic Coastal Fisheries Cooperative in the subject line of the email comment
Permits and Conservation Division, Management Act Provisions; the following document identifier:
Office of Protected Resources, NMFS, Horseshoe Crabs; Application for ‘‘Horseshoe Crab EFP Proposal
1315 East-West Highway, Room 13705, Exempted Fishing Permit, 2015 Comments.’’
Silver Spring, MD 20910; phone (301) FOR FURTHER INFORMATION CONTACT:
427–8401; fax (301) 713–0376. AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and Derek Orner, Office of Sustainable
FOR FURTHER INFORMATION CONTACT: Fisheries, (301) 427–8567.
Atmospheric Administration (NOAA),
Jennifer Skidmore or Amy Hapeman, Commerce. SUPPLEMENTARY INFORMATION:
(301) 427–8401.
ACTION: Notification of a proposal to Background
SUPPLEMENTARY INFORMATION: On July 9, conduct exempted fishing; request for
2015, notice was published in the comments. Limuli Laboratories submitted an
Federal Register (80 FR 39411) that a application for an EFP dated January 31,
request for an amendment to Permit No. SUMMARY: The Director, Office of 2014, to collect up to 10,000 horseshoe
14450–02 to conduct research on Sustainable Fisheries, has made a crabs for biomedical and data collection
cetaceans had been submitted by the preliminary determination that the purposes from the Reserve. The
above-named applicant. The requested subject exempted fishing permit (EFP) applicant has applied for, and received,
permit amendment has been issued application submitted by Limuli a similar EFP every year from 2001–
under the authority of the Marine Laboratories of Cape May Court House, 2013. The current EFP application
Mammal Protection Act of 1972, as NJ, contains all the required information specifies that: (1) The same methods
amended (16 U.S.C. 1361 et seq.) and and warrants further consideration. The would be used that were used in years
the regulations governing the taking and proposed EFP would allow the harvest 2001–2013, (2) at least 15 percent of the
importing of marine mammals (50 CFR of up to 10,000 horseshoe crabs from the bled horseshoe crabs would be tagged,
part 216). Carl N. Shuster Jr. Horseshoe Crab and (3) there had not been any sighting
The permit amendment authorizes Reserve (Reserve) for biomedical or capture of marine mammals or
takes by harassment of non-ESA listed purposes and require, as a condition of endangered species in the trawling nets
cetaceans during vessel surveys to the EFP, the collection of data related to of fishing vessels engaged in the
support NMFS stock assessments as the status of horseshoe crabs within the collection of horseshoe crabs since
follows: 40 Bryde’s whales reserve. The Director has also made a 1993. The project submitted by Limuli
(Balaenoptera edeni), 40 of each species preliminary determination that the Laboratories would provide
of short-finned (Globicephala activities authorized under the EFP morphological data on horseshoe crab
macrorhynchus) and long-finned (G. would be consistent with the goals and catch, would tag a portion of the caught
melas) pilot whales, and 20 individuals objectives of the Atlantic States Marine horseshoe crabs, and would use the
each of the 21 other authorized non- Fisheries Commission’s (Commission) blood from the caught horseshoe crabs
listed cetacean species, annually. Tags Horseshoe Crab Interstate Fisheries to manufacture Limulus Amebocyte
asabaliauskas on DSK5VPTVN1PROD with NOTICES

would be either suction cup Management Plan (FMP). However, Lysate (LAL), an important health and
attachments or minimally invasive dart further review and consultation may be safety product used for the detection of
attachments. A maximum of 2 tags necessary before a final determination is endotoxins. The LAL assay is used by
could be placed on an animal at one made to issue the EFP. Therefore, NMFS medical professionals, drug companies,
time. Adults of both sexes without announces that the Director, Office of and pharmacies to detect endotoxins in
calves would be tagged. In addition, Sustainable Fisheries, proposes to intravenous pharmaceuticals and
import and export of marine mammal recommend that an EFP be issued that medical devices that come into contact
samples from sources, other than would allow up to two commercial with human blood or spinal fluid.

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60634 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices

Result of 2013 EFP during the months of July, August, DEPARTMENT OF COMMERCE
During the 2013 season, a total of September, October, and November.
(Horseshoe crabs are readily available in National Oceanic and Atmospheric
3,500 horseshoe crabs were gathered
harvestable concentrations nearshore Administration
over a period of ten days, from the
Reserve for the manufacture of LAL. earlier in the year, and offshore in the
Notice of Intent to Conduct Scoping
After transportation to the laboratory, Reserve from July through November.);
and to Prepare a Draft Environmental
the horseshoe crabs were inspected for 3. Requiring that a 51⁄2 inch (14.0 cm) Impact Statement for the Proposed
size, injuries, and responsiveness. The flounder net be used by the vessel to Mallows Bay—Potomac River National
injured horseshoe crabs numbered 272, collect the horseshoe crabs. This Marine Sanctuary
or 7.8% of the total, while 36, or 1.0%, condition would allow for continuation
were noted as slow moving. In addition, AGENCY: Office of National Marine
of traditional harvest gear and adds to
three horseshoe crabs were rejected due Sanctuaries (ONMS), National Ocean
the consistency in the way horseshoe
to small size. Overall, 3,189 horseshoe Service (NOS), National Oceanic and
crabs are harvested for data collection;
crabs were used (bled) in the Atmospheric Administration (NOAA),
manufacture of LAL. Two hundred of 4. Limiting trawl tow times to 30 Department of Commerce (DOC).
the bled horseshoe crabs were randomly minutes as a conservation measure to ACTION: Notice of intent to conduct
selected for activity, morphometric and protect sea turtles, which are expected scoping, hold public scoping meetings
aging studies. The activity level was to be migrating through the area during and to prepare a draft environmental
categorized as ‘‘active’’ for 192 studied the collection period, and are vulnerable impact statement and management plan.
animals and ‘‘extremely active’’ for to bottom trawling;
eight. Morphometric studies noted that SUMMARY: In accordance with section
5. Requiring that the collected 304(a) of the National Marine
average inter-ocular distances, the horseshoe crabs be picked up from the
prosoma widths and the weights of Sanctuaries Act, as amended, (NMSA)
fishing vessels at docks in the Cape May (16 U.S.C. 1431 et seq.) and based on the
these 200 horseshoe crabs trended Area and transported to local
toward the higher end of the range resources and boundaries described in
laboratories, bled for LAL, and released the community-based nomination
established over the study period (2001– alive the following morning into the
2011). Of the 200 horseshoe crabs submitted to NOAA on September 16,
Lower Delaware Bay; and 2014 (nominate.noaa.gov/nominations)
examined in 2013, more than half (57%)
were categorized as medium aged 6. Requiring that any turtle take be NOAA is initiating a process to consider
followed by young (37%). Older animals reported to NMFS, Northeast Region, designating Mallows Bay-Potomac River
numbered 10 or 5% which is much less Assistant Regional Administrator of as a national marine sanctuary. The
than the percentages reported in 2010 Protected Resources Division, within 24 designation process, as required by the
and 2011 and similar to the 2007 year. hours of returning from the trip in NMSA, will be conducted concurrently
The 200 studied horseshoe crabs and which the incidental take occurred. with a public process under the
325 additional bled horseshoe crabs National Environmental Policy Act
As part of the terms and conditions of (NEPA) (42 U.S.C. 4321 et seq.). This
were tagged and released into the the EFP, for all horseshoe crabs bled for
Delaware Bay. To date, 116 live re- notice also informs the public that
LAL, NMFS would require that the EFP NOAA will coordinate its
sightings have occurred from the release holder provide data annually on sex
of 5,463 horseshoe crabs collected from responsibilities under section 106 of the
ratio and daily harvest. Also, the EFP National Historic Preservation Act
the Reserve. The observed horseshoe
holder would be required to examine at (NHPA) (16 U.S.C. 470) with its ongoing
crabs were found 1 to 8 years after
release, primarily along the Delaware least 200 horseshoe crabs annually for NEPA process, pursuant to 36 CFR
Bay shores during their spawning morphometric data. Terms and 800.8(a), including the use of NEPA
season. conditions may be added or amended documents and public and stakeholder
Data collected under previous EFPs prior to the issuance of the EFP or on meetings to also meet the requirements
were supplied to NMFS, the an annual basis. of section 106. The public scoping
Commission and the State of New The proposed EFP would exempt two process is intended to solicit
Jersey. There was no EFP issued for commercial vessels from regulations at information and comments on the range
2014. of issues and the significant issues to be
50 CFR 697.7(e) and 697.23(f), which
analyzed in depth in an environmental
Proposed 2015 EFP prohibit the harvest and possession of
impact statement related to designating
horseshoe crabs from the Reserve on a this area as a national marine sanctuary.
Limuli Laboratories proposes to vessel with a trawl or dredge gear
conduct an exempted fishery operation The results of this scoping process will
aboard. assist NOAA in moving forward with
in 2015 using the same means, methods,
and seasons proposed/utilized during Authority: 16 U.S.C. 1801 et seq. the designation process and in
the EFPs in 2001–2013. Limuli proposes Dated: October 2, 2015. formulating alternatives for the draft
to annually continue to tag at least 15 environmental impact statement and
Emily H. Menashes,
percent of the bled horseshoe crabs as proposed regulations, including
Acting Director, Office of Sustainable developing sanctuary boundaries. It will
they did in 2013. NMFS would require
Fisheries, National Marine Fisheries Service. also inform the initiation of any
that the following terms and conditions
asabaliauskas on DSK5VPTVN1PROD with NOTICES

[FR Doc. 2015–25540 Filed 10–6–15; 8:45 am] consultations with federal, state, or local
be met for issuance of the EFP for 2015:
1. Limiting the number of horseshoe BILLING CODE 3510–22–P agencies and other interested parties, as
crabs collected in the Reserve to no appropriate.
more than 500 crabs per day and to a DATES: Comments must be received by
total of no more than 10,000 crabs per January 15, 2016. Public scoping
year; meetings will be held as detailed below:
2. Requiring collections to take place (1) La Plata, MD
over a total of approximately 20 days Date: November 4, 2015

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Document Created: 2015-12-15 08:48:40
Document Modified: 2015-12-15 08:48:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notification of a proposal to conduct exempted fishing; request for comments.
Dates		Written comments on this action must be received on or before October 19, 2015.
Contact		Derek Orner, Office of Sustainable Fisheries, (301) 427-8567.
FR Citation		80 FR 60633
RIN Number		0648-XE23

80 FR 60633 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; Horseshoe Crabs; Application for Exempted Fishing Permit, 2015

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 194 (October 7, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration