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)

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, 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.

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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]
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