81 FR 56602 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; Horseshoe Crabs; Application for Exempted Fishing Permit, 2016

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 162 (August 22, 2016)

Page Range		56602-56603
FR Document		2016-19996

The Director, Office of Sustainable Fisheries, has made a preliminary determination that the subject exempted fishing permit (EFP) application submitted by Limuli Laboratories (Limuli) of Cape May Court House, NJ, contains all the required information and warrants further consideration. The application seeks harvest of up to 10,000 horseshoe crabs from the Carl N. Shuster Jr. Horseshoe Crab Reserve (Reserve) for biomedical purposes and requires, as a condition of the EFP, the collection of data related to the status of horseshoe crabs within the reserve. The Atlantic States Marine Fisheries Commission's (Commission) Horseshoe Crab Technical Committee and Delaware Bay Ecosystem Technical Committee were consulted on the scientific merits of the application. 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 Commission's Horseshoe Crab Interstate Fisheries Management Plan. Therefore, NMFS announces that the Director 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 81 Issue 162 (Monday, August 22, 2016)

[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56602-56603]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-19996]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE823

Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Horseshoe Crabs; Application for Exempted Fishing Permit, 2016

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 (Limuli) of Cape May
Court House, NJ, contains all the required information and warrants
further consideration. The application seeks harvest of up to 10,000
horseshoe crabs from the Carl N. Shuster Jr. Horseshoe Crab Reserve
(Reserve) for biomedical purposes and requires, as a condition of the
EFP, the collection of data related to the status of horseshoe crabs
within the reserve. The Atlantic States Marine Fisheries Commission's
(Commission) Horseshoe Crab Technical Committee and Delaware Bay
Ecosystem Technical Committee were consulted on the scientific merits
of the application. 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 Commission's Horseshoe
Crab Interstate Fisheries Management Plan. Therefore, NMFS announces
that the Director 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
September 12, 2016.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0113, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0113, Click the ``Comment Now!'' icon,
complete the required fields Enter or attach your comments.
Mail: Written comments should be sent to Chris Wright, Office of
Sustainable Fisheries, NMFS, 1315 East-West Highway, Room 13464, Silver
Spring, MD 20910. Mark the outside of the envelope ``Comments on
Horseshoe Crab EFP Proposal.''
Fax: Comments may also be sent via fax to (301) 713-0596.

FOR FURTHER INFORMATION CONTACT: Chris Wright, Office of Sustainable
Fisheries, (301) 427-8570.

SUPPLEMENTARY INFORMATION:

Background

Limuli submitted an application for an EFP dated April 26, 2016, to
collect up to 10,000 horseshoe crabs for biomedical and data collection
purposes from the Reserve. Of the collected horseshoe crabs, a portion
will be tagged and analyzed for data collection purposes. All collected
horseshoe crabs will be returned to the sea after they are bled. The
applicant has applied for a similar EFP every year from 2001-2015.
Permits were issued each year from 2001-2013, however no harvest and
data collection occurred in years 2008, 2009, and 2012. Permits were
not issued in 2014 or 2015 due to the pending listing under the
Endangered Species Act (ESA) of the rufa red knot (Calidris canutus
rufa) and ultimate determination as threatened species status under the
ESA of 1973 (December 11, 2014; 79 FR 73706) and time needed to consult
under the Endangered Species Act with U.S. Fish and Wildlife Service
(FWS).

Limuli Laboratories EFP Application

The current EFP application specifies that: (1) The same methods in
the 2001-2013 EFPs would be used, (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 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.

[[Page 56603]]

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.
Limuli last harvested horseshoe crabs from the reserve in 2013. The
results of that collection were summarized in a Federal Register Notice
relating to Limuli's 2015 EFP application on October 7, 2015 (80 FR
60633).

Horseshoe Crab Technical Committee and Delaware Bay Ecosystem Technical
Committee Consultation and Review

NMFS consulted with the Commission's Horseshoe Crab Technical
Committee and Delaware Bay Ecosystem Technical Committee via conference
call on June 8 and July 11, 2016, asking members comment on the utility
of the data collected under the past EFPs.
The Technical Committees had varying opinions on the overall
quality of the data from the EFP. Technical Committees members pointed
out that the EFP data was some of the only data on horseshoe crabs from
the reserve, and that the data was included in past scientific papers.
Most members believed that the collection of the data was at least
generally useful, and many suggested that the data should be further
considered as part of the 2018 benchmark stock assessment for horseshoe
crabs. The meetings summaries are available upon request (see
ADDRESSES).

ESA Consultations

On August 5, 2014, NMFS completed an intra-agency consultation
under section 7 of the ESA for proposed approval of an EFP to allow the
biomedical harvest of horseshoe crabs from the Reserve which determined
that the proposed action is not likely to adversely affect any listed
species under our jurisdiction. The consultation covers the years from
2014-2018.
NMFS started to conference with FWS in May 2016 on starting the
consultation under section 7 of the ESA for rufa red knot, because this
species had no previous consultation. The consultation is ongoing and
NMFS intends to conclude the consultation before making a final
decision on the merits of the EFP application.

Past EFP Conditions and Requirements

Limuli Laboratories proposes to conduct an exempted fishery
operation in 2016 using the same means, methods, and seasons proposed/
utilized during the EFPs in 2001-2013. In past EFPs, NMFS required that
the following conditions and requirements be met for issuance of the
EFP:
1. The permit must be carried on board the vessel named.
2. A State of New Jersey Division of Fish and Wildlife (NJDFW)
supplied observer must be taken when requested to do so by the New
Jersey Bureau of Marine Fisheries.
3. When fishing under the permit in the Reserve during the
participation period specified above, the vessel:
a. must use a 5 and \1/2\ inch mesh flounder trawl net;
b. must not exceed 30 minutes during any one tow (measured from the
time trawl doors enter the water until they are removed from the water
per 50 CFR 223.206(d)(3)(i));
c. must notify State of New Jersey Law Enforcement daily of when
and where the collection will take place;
d. must abide by any other federal fishery regulation in effect in
the Reserve;
e. must withdraw from this exempted fishery before enrolling or
participating in any other exempted fishery.
4. The following species may be possessed by the vessel when
fishing under this permit with the specified trawl gear during the
participation period above: Horseshoe Crab.
5. The fishing vessel that is issued a permit to conduct this
experimental fishing activity may not possess or land catch in excess
of a combined total of 500 horseshoe crabs per day during the
participation period.
6. The fishing vessel that is issued a permit to conduct this
experimental fishing activity may not possess or land in excess of a
combined total of 10,000 horseshoe crabs from the Reserve during the
participation period.
7. Participant must return all captured horseshoe crabs to waters
adjacent to those from which they were captured as soon as possible
after blood collection.
8. Participant must supply to National Marine Fisheries Service,
the Atlantic States Marine Fisheries Commission (Commission), and the
NJDFW, one month after the end of the participation period, the
following data on all horseshoe crabs bled for biomedical purposes:
a. sex ratio; and
b. daily numbers of horseshoe crabs caught.
9. Participant must tag 15 percent of all horseshoe crabs bled for
biomedical purposes, and supply to NMFS, the Commission, and NJDFW, one
month after the end of the participation period, data on horseshoe
crabs tagged, released, and recaptured.
10. Participant must supply to NMFS, the Commission, and the NJDFW,
one month after the end of the participation period, the following data
on a minimum of 200 randomly selected crabs tagged:
a. morphometric data, by sex, e.g. interocular distance and weight;
and
b. levels of activity, as measured by a horseshoe crab struggles
after being placed on a weighing scale or by distance traveled after
release on beach.
The EFP exempted 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.

Proposed Modifications for the 2016 EFP

Conditions and requirements may be added or amended prior to the
issuance of the EFP or on an annual basis. NMFS is considering
modifying past terms and conditions on the permit to possibly include
or modify harvest, data collection and reporting requirements.
A final decision on issuance of the EFP will depend on NMFS' review
of public comments received on the application, an ESA consultation
with the FWS, and a determination that the EFP is consistent with all
applicable laws.

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

Dated: August 17, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-19996 Filed 8-19-16; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices 56603

The LAL assay is used by medical conditions and requirements be met for month after the end of the participation
professionals, drug companies, and issuance of the EFP: period, the following data on a
pharmacies to detect endotoxins in 1. The permit must be carried on minimum of 200 randomly selected
intravenous pharmaceuticals and board the vessel named. crabs tagged:
medical devices that come into contact 2. A State of New Jersey Division of a. morphometric data, by sex, e.g.
with human blood or spinal fluid. Fish and Wildlife (NJDFW) supplied interocular distance and weight; and
Limuli last harvested horseshoe crabs observer must be taken when requested b. levels of activity, as measured by a
from the reserve in 2013. The results of to do so by the New Jersey Bureau of horseshoe crab struggles after being
that collection were summarized in a Marine Fisheries. placed on a weighing scale or by
Federal Register Notice relating to 3. When fishing under the permit in distance traveled after release on beach.
Limuli’s 2015 EFP application on the Reserve during the participation The EFP exempted two commercial
October 7, 2015 (80 FR 60633). period specified above, the vessel: vessels from regulations at 50 CFR
a. must use a 5 and 1⁄2 inch mesh 697.7(e) and 697.23(f), which prohibit
Horseshoe Crab Technical Committee flounder trawl net;
and Delaware Bay Ecosystem Technical the harvest and possession of horseshoe
b. must not exceed 30 minutes during crabs from the Reserve on a vessel with
Committee Consultation and Review any one tow (measured from the time a trawl or dredge gear aboard.
NMFS consulted with the trawl doors enter the water until they
Commission’s Horseshoe Crab are removed from the water per 50 CFR Proposed Modifications for the 2016
Technical Committee and Delaware Bay 223.206(d)(3)(i)); EFP
Ecosystem Technical Committee via c. must notify State of New Jersey Law Conditions and requirements may be
conference call on June 8 and July 11, Enforcement daily of when and where added or amended prior to the issuance
2016, asking members comment on the the collection will take place; of the EFP or on an annual basis. NMFS
utility of the data collected under the d. must abide by any other federal is considering modifying past terms and
past EFPs. fishery regulation in effect in the conditions on the permit to possibly
The Technical Committees had Reserve; include or modify harvest, data
varying opinions on the overall quality e. must withdraw from this exempted collection and reporting requirements.
of the data from the EFP. Technical fishery before enrolling or participating A final decision on issuance of the
Committees members pointed out that in any other exempted fishery. EFP will depend on NMFS’ review of
the EFP data was some of the only data 4. The following species may be public comments received on the
on horseshoe crabs from the reserve, possessed by the vessel when fishing application, an ESA consultation with
and that the data was included in past under this permit with the specified the FWS, and a determination that the
scientific papers. Most members trawl gear during the participation EFP is consistent with all applicable
believed that the collection of the data period above: Horseshoe Crab. laws.
was at least generally useful, and many 5. The fishing vessel that is issued a
permit to conduct this experimental Authority: 16 U.S.C. 1801 et seq.
suggested that the data should be further
considered as part of the 2018 fishing activity may not possess or land Dated: August 17, 2016.
benchmark stock assessment for catch in excess of a combined total of Emily H. Menashes,
horseshoe crabs. The meetings 500 horseshoe crabs per day during the Acting Director, Office of Sustainable
summaries are available upon request participation period. Fisheries, National Marine Fisheries Service.
(see ADDRESSES). 6. The fishing vessel that is issued a [FR Doc. 2016–19996 Filed 8–19–16; 8:45 am]
permit to conduct this experimental BILLING CODE 3510–22–P
ESA Consultations fishing activity may not possess or land
On August 5, 2014, NMFS completed in excess of a combined total of 10,000
an intra-agency consultation under horseshoe crabs from the Reserve during DEPARTMENT OF COMMERCE
section 7 of the ESA for proposed the participation period.
approval of an EFP to allow the 7. Participant must return all captured National Oceanic and Atmospheric
biomedical harvest of horseshoe crabs horseshoe crabs to waters adjacent to Administration
from the Reserve which determined that those from which they were captured as
RIN 0648–XE806
the proposed action is not likely to soon as possible after blood collection.
adversely affect any listed species under 8. Participant must supply to National Endangered and Threatened Species;
our jurisdiction. The consultation Marine Fisheries Service, the Atlantic Take of Anadromous Fish
covers the years from 2014–2018. States Marine Fisheries Commission
NMFS started to conference with FWS (Commission), and the NJDFW, one AGENCY: National Marine Fisheries
in May 2016 on starting the consultation month after the end of the participation Service (NMFS), National Oceanic and
under section 7 of the ESA for rufa red period, the following data on all Atmospheric Administration (NOAA),
knot, because this species had no horseshoe crabs bled for biomedical Commerce.
previous consultation. The consultation purposes: ACTION: Notice of receipt.
is ongoing and NMFS intends to a. sex ratio; and
conclude the consultation before b. daily numbers of horseshoe crabs SUMMARY: Notice is hereby given that
making a final decision on the merits of caught. NMFS has received one permit
9. Participant must tag 15 percent of application from the United States Fish
asabaliauskas on DSK3SPTVN1PROD with NOTICES

the EFP application.
all horseshoe crabs bled for biomedical and Wildlife Service (USFWS) to
Past EFP Conditions and Requirements purposes, and supply to NMFS, the enhance the propagation and survival of
Limuli Laboratories proposes to Commission, and NJDFW, one month species listed under the Endangered
conduct an exempted fishery operation after the end of the participation period, Species Act (ESA) of 1973, as amended,
in 2016 using the same means, methods, data on horseshoe crabs tagged, for a 10 year period. As part of this
and seasons proposed/utilized during released, and recaptured. permit application, USFWS has
the EFPs in 2001–2013. In past EFPs, 10. Participant must supply to NMFS, submitted two HGMPs. The HGMPs
NMFS required that the following the Commission, and the NJDFW, one specify methods for the operation of two

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Document Created: 2018-02-09 11:38:20
Document Modified: 2018-02-09 11:38:20

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 September 12, 2016.
Contact		Chris Wright, Office of Sustainable Fisheries, (301) 427-8570.
FR Citation		81 FR 56602
RIN Number		0648-XE82

81 FR 56602 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; Horseshoe Crabs; Application for Exempted Fishing Permit, 2016

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 162 (August 22, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration