Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permit Related to Horseshoe Crabs, 40076-40078 [E6-11067]
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40076
Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Notices
Dated: July 11, 2006.
Jeffrey C. Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E6–11110 Filed 7–13–06; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration,
Commerce.
Export Trade Certificate of Review
BILLING CODE 3510–DR–P
Notice of Issuance of an
Amended Export Trade Certificate of
Review, Application No. 05–A0001.
DEPARTMENT OF COMMERCE
ACTION:
National Oceanic and Atmospheric
Administration
SUMMARY: On July 11, 2006, The U.S.
Department of Commerce issued an
amended Export Trade Certificate of
Review to Central America Poultry
Export Quota, Inc. (‘‘CA–PEQ’’).
[I.D. 070706A]
Atlantic Coastal Fisheries Cooperative
Management Act Provisions;
Application for Exempted Fishing
Permit Related to Horseshoe Crabs
FOR FURTHER INFORMATION CONTACT:
Jeffrey C. Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, (202) 482–5131
(this is not a toll-free number) or E-mail
at oetca@ita.doc.gov.
Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. The
regulations implementing Title III are
found at 15 CFR Part 325 (2005).
Export Trading Company Affairs
(‘‘ETCA’’) is issuing this notice pursuant
to 15 CFR 325.6(b), which requires the
U.S. Department of Commerce to
publish a summary of the certification
in the Federal Register. Under Section
305(a) of the Act and 15 CFR 325.11(a),
any person aggrieved by the Secretary’s
determination may, within 30 days of
the date of this notice, bring an action
in any appropriate district court of the
United States to set aside the
determination on the ground that the
determination is erroneous.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with NOTICES
Description of Amended Certificate
The original CA–PEQ Certificate (No.
05–00001) was issued on January 30,
2006 (71 FR 6753, February 9, 2006).
CA–PEQ’s Export Trade Certificate of
Review has been amended to:
1. Add the following association as a
new ‘‘Member’’ of the Certificate within
the meaning of § 325.2(1) of the
Regulations (15 CFR 325.2(1)):
Federacion de Avicultores de Honduras
(‘‘FEDAVIH’’), San Pedro Sula,
Honduras.
The effective date of the amended
certificate is April 12, 2006. A copy of
the amended certificate will be kept in
the International Trade Administration’s
Freedom of Information Records
Inspection Facility, Room 4100, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230.
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Jkt 208001
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
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 sixth 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 31,
2006.
ADDRESSES: Written comments should
be sent to Alan Risenhoover, Acting
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: Horseshoe-Crab.EFP@noaa.gov.
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
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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 be 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
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Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Notices
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 five 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), on September 15,
2004 (for collections from September
15–October 31, 2004), and on September
9, 2005 (for collections from September
9–October 30, 2005). 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
Commission, and to the State of New
Jersey.
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17:44 Jul 13, 2006
Jkt 208001
Results from 2005 EFP
Limuli Laboratories applied for an
EFP to collect horseshoe crabs for
biomedical and data collection purposes
from the Reserve in 2005. The EFP
application specified that: (1) the same
methods would be used in 2005 that
were used in years 2001–2004, (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. In 2005, a Supplemental
Environmental Assessment was
completed and found that there was no
significant impacts in conducting the
EFP.
An EFP was issued to Limuli
Laboratories on July 12, 2005, which
allowed them to collect horseshoe crabs
in the Reserve until November 30, 2005.
A total of 5,480 horseshoe crabs were
collected in the Reserve during the late
summer and early fall of 2005. Of these,
4,681 animals were used for the
manufacture of LAL. Female horseshoe
crab activity levels were 75 percent
active and 25 percent very active, while
males were 59 percent active and 41
percent very active. The remaining 799
animals were rejected; 373 crabs (6.8
percent) were unresponsive due to
collecting, transporting and handling
(presumed dead), and 426 animals (7.9
percent) were rejected for biomedical
use due to lethargy or injury. Horseshoe
crabs were collected on 11 days (9 days
in August and 2 days in September),
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. 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 4,681
processed for LAL, 100 female and 100
male crabs were measured (inter-ocular
distances and prosoma widths),
weighed, aged, and tagged to establish
baseline morphometrics and ages, prior
to being released. An additional 625
female bled animals were tagged for a
total of 825 animals or 17.6 percent. The
average measurements for the female
horseshoe crabs were 161.64 mm
(166.32 mm in 2004) for the inter-ocular
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40077
distance, 260.4 mm (264.90 mm in
2004) for the prosoma width and 2.08 kg
(2.39 kg in 2004) for the weight. The
average measurements for the male
horseshoe crabs were 127.14 mm for the
inter-ocular distance, 217.52 mm for the
prosoma width and 1.02 kg for the
weight. No male horseshoe crabs were
measured in 2004. Encrusting organisms
(bryozoans, barnacles, slipper shells,
and sand tub worms) were found on 18
(9 percent) of the female animals and 28
(14 percent) of the horseshoe crabs
examined. Eight (4 percent) of the
female horseshoe crabs had broken tails,
four had dents in their prosomas, and
one had a malformed right wing
prosoma. Eight (4 percent) of the males
had broken tails and one had a hole on
the right side of the prosoma.
Horseshoe crabs were aged in 2005
using Dr. Carl N. Schuster Jr.’s criteria
of aging by appearance: female
horseshoe crabs - virgin (65 percent),
young (4 percent), young/medium (29
percent), and old (2 percent); male
horseshoe crabs - virgin (8 percent),
young (52 percent), young/medium (24
percent), and old (16 percent) . This
finding supports the basis for the
Reserve, which was established to
protect young horseshoe crabs.
In 2005, a total of 825 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. Seventeen live recoveries and
seven dead recoveries were
documented. The live recoveries were
found along the shores of the Delaware
Bay (Fowlers Beach, Kitts Hummock
and Slaughter Beach in Delaware and
Cape May, Del Haven, East Point, Egg
Island, Higbees and Thompson in New
Jersey). One horseshoe crab was
observed along the Atlantic coast off Sea
Isle City in New Jersey.
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
2001–2005, as described below under
terms and conditions. Limuli proposes
to continue to tag 15 percent of the bled
horseshoe crabs as they did in 2005, up
from 10 percent during years 2001–
2003.
The proposed EFP would exempt
three commercial vessels from
regulations at 50 CFR 697.7(e), which
prohibit fishing for horseshoe crabs in
the Reserve under § 697.23(f)(1) and
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40078
Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Notices
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 on July 5, 2006.
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 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. 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
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17:44 Jul 13, 2006
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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
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 (I/O) 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: July 10, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–11067 Filed 7–13–06; 8:45 am]
BILLING CODE 3510–22–S
Gulf of Mexico Fishery Management
Council; telephone: 813.348.1630.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico Fishery Management Council
(Council) will convene its Advisory
Panel Selection Committee via
Conference Call to select participants for
Ad Hoc Shrimp Effort AP, SEDAR NGO
AP, and review AP Member Violations
Material in a closed session conference
call on Thursday, August 3, 2006, at 11
a.m. EDT. The Committee
recommendations will be presented to
the Council at the August 14–18, 2006,
Council Meeting in Baton Rouge, LA.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Tina Trezza at the
Council (see ADDRESSES) at least five
working days prior to the meeting.
Dated: July 11, 2006.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–11161 Filed 7–13–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
DEPARTMENT OF COMMERCE
[I.D. 071106E]
National Oceanic and Atmospheric
Administration
Gulf of Mexico Fishery Management
Council; Public Meetings
[I.D. 071106C]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Closed Session
Advisory Panel Selection Committee
Conference Call.
Fisheries of the South Atlantic, Gulf of
Mexico, and Caribbean; Southeastern
Data, Assessment, and Review
(SEDAR) Steering Committee Meeting
AGENCY:
SUMMARY: The Gulf of Mexico Fishery
Management Council (Council) will
convene its Advisory Panel Selection
Committee via Conference Call to select
participants for Ad Hoc Shrimp Effort
AP, SEDAR NGO AP, and review AP
Member Violations Material for
recommendation to the Council.
DATES: The conference call will be held
on Thursday, August 3, 2006, from 11
a.m. EDT to 12 noon EDT.
ADDRESSES: Meeting address: The
meeting will be held via Closed Session
conference call.
Council address: Gulf of Mexico
Fishery Management Council, 2203
North Lois Avenue, Suite 1100, Tampa,
Florida 33607.
FOR FURTHER INFORMATION CONTACT: Mr.
Wayne Swingle, Executive Director,
PO 00000
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Sfmt 4703
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of the SEDAR Steering
Committee Meeting.
AGENCY:
SUMMARY: The SEDAR Steering
Committee will meet to discuss the
SEDAR schedule; consider
modifications to the SEDAR process;
discuss the assessment update process;
and establish the assessment schedule
for 2006 and 2007. See SUPPLEMENTARY
INFORMATION.
DATES: The SEDAR Steering Committee
will meet on Tuesday, August 1, 2006,
from 9 a.m. to 5 p.m.; and Wednesday,
August 2, 2005, from 9 a.m. to 12 p.m.
ADDRESSES: The meeting will be held at
the Marriott Frenchman’s Reef, 5 Estate
Bakkeroe, St. Thomas, USVI, 00802.
Phone: (340) 776–8500 / Fax: (340) 715–
6191.
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]]>Agencies
[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Notices]
[Pages 40076-40078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11067]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 070706A]
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.
-----------------------------------------------------------------------
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 sixth 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 31, 2006.
ADDRESSES: Written comments should be sent to Alan Risenhoover, Acting
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: Horseshoe-Crab.EFP@noaa.gov. 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 be 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
[[Page 40077]]
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 five 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), on September 15, 2004 (for collections from September 15-October
31, 2004), and on September 9, 2005 (for collections from September 9-
October 30, 2005). 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 Commission, and to the State of New Jersey.
Results from 2005 EFP
Limuli Laboratories applied for an EFP to collect horseshoe crabs
for biomedical and data collection purposes from the Reserve in 2005.
The EFP application specified that: (1) the same methods would be used
in 2005 that were used in years 2001-2004, (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. In 2005, a Supplemental
Environmental Assessment was completed and found that there was no
significant impacts in conducting the EFP.
An EFP was issued to Limuli Laboratories on July 12, 2005, which
allowed them to collect horseshoe crabs in the Reserve until November
30, 2005. A total of 5,480 horseshoe crabs were collected in the
Reserve during the late summer and early fall of 2005. Of these, 4,681
animals were used for the manufacture of LAL. Female horseshoe crab
activity levels were 75 percent active and 25 percent very active,
while males were 59 percent active and 41 percent very active. The
remaining 799 animals were rejected; 373 crabs (6.8 percent) were
unresponsive due to collecting, transporting and handling (presumed
dead), and 426 animals (7.9 percent) were rejected for biomedical use
due to lethargy or injury. Horseshoe crabs were collected on 11 days (9
days in August and 2 days in September), 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. 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 4,681 processed for LAL, 100 female and 100 male
crabs were measured (inter-ocular distances and prosoma widths),
weighed, aged, and tagged to establish baseline morphometrics and ages,
prior to being released. An additional 625 female bled animals were
tagged for a total of 825 animals or 17.6 percent. The average
measurements for the female horseshoe crabs were 161.64 mm (166.32 mm
in 2004) for the inter-ocular distance, 260.4 mm (264.90 mm in 2004)
for the prosoma width and 2.08 kg (2.39 kg in 2004) for the weight. The
average measurements for the male horseshoe crabs were 127.14 mm for
the inter-ocular distance, 217.52 mm for the prosoma width and 1.02 kg
for the weight. No male horseshoe crabs were measured in 2004.
Encrusting organisms (bryozoans, barnacles, slipper shells, and sand
tub worms) were found on 18 (9 percent) of the female animals and 28
(14 percent) of the horseshoe crabs examined. Eight (4 percent) of the
female horseshoe crabs had broken tails, four had dents in their
prosomas, and one had a malformed right wing prosoma. Eight (4 percent)
of the males had broken tails and one had a hole on the right side of
the prosoma.
Horseshoe crabs were aged in 2005 using Dr. Carl N. Schuster Jr.'s
criteria of aging by appearance: female horseshoe crabs - virgin (65
percent), young (4 percent), young/medium (29 percent), and old (2
percent); male horseshoe crabs - virgin (8 percent), young (52
percent), young/medium (24 percent), and old (16 percent) . This
finding supports the basis for the Reserve, which was established to
protect young horseshoe crabs.
In 2005, a total of 825 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. Seventeen live recoveries and seven dead
recoveries were documented. The live recoveries were found along the
shores of the Delaware Bay (Fowlers Beach, Kitts Hummock and Slaughter
Beach in Delaware and Cape May, Del Haven, East Point, Egg Island,
Higbees and Thompson in New Jersey). One horseshoe crab was observed
along the Atlantic coast off Sea Isle City in New Jersey.
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 2001-2005, as described below under terms and conditions.
Limuli proposes to continue to tag 15 percent of the bled horseshoe
crabs as they did in 2005, up from 10 percent during years 2001-2003.
The proposed EFP would exempt three 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
[[Page 40078]]
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 on
July 5, 2006. 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 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. 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 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 (I/O) 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: July 10, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E6-11067 Filed 7-13-06; 8:45 am]
BILLING CODE 3510-22-S
