Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permit Related to Horseshoe Crabs, 36427-36429 [E7-12879]
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Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Notices
such permit (1) was applied for in good
faith, (2) will not operate to the
disadvantage of such endangered or
threatened species, and (3) is consistent
with the purposes and policies set forth
in section 2 of the ESA.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XB04
Endangered Species; File No. 1599
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Issuance of permit.
AGENCY:
Dated: June 27, 2007.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7–12871 Filed 7–2–07; 8:45 am]
36427
of the Draft PEIS can be found in the
notice of availability (72 FR 17117,
April 6, 2007). Notice of a previous
extension of the comment period can be
found at 72 FR 26788 (May 11, 2007).
Dated: June 27, 2007.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7–12880 Filed 6–28–07; 8:45 am]
BILLING CODE 3510–22–S
jlentini on PROD1PC65 with NOTICES
BILLING CODE 3510–22–S
SUMMARY: Notice is hereby given that
Inwater Research Group, Inc. (Michael J.
Bresette-Responsible Party), 4160 NE
Hyline Dr, Jensen Beach, FL 34957 has
been issued a permit to take green
(Chelonia mydas), loggerhead (Caretta
caretta), hawksbill (Eretmochelys
imbricata), and Kemp’s ridley
(Lepidochelys kempii) sea turtles for
purposes of scientific research.
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521; and
Southeast Region, NMFS, 263 13th
Ave South, St. Petersburg, FL 33701;
phone (727)824–5312; fax (727)824–
5309.
FOR FURTHER INFORMATION CONTACT: Kate
Swails or Patrick Opay, (301) 713–2289.
SUPPLEMENTARY INFORMATION: On March
21, 2007, notice was published in the
Federal Register (72 FR 13250) that a
request for a scientific research permit
to take sea turtles had been submitted
by the above-named organization. The
requested permit has been issued under
the authority of the Endangered Species
Act of 1973, as amended (ESA; 16
U.S.C. 1531 et seq.) and the regulations
governing the taking, importing, and
exporting of endangered and threatened
species (50 CFR parts 222–226).
The purpose of the proposed research
is to continue long term monitoring of
sea turtles foraging in the Key West
National Wildlife Refuge and
surrounding waters. The applicant will
net or hand capture up to 90 green, 135
loggerhead, 15 hawksbill, and 5 Kemp’s
ridley sea turtles per year. The turtles
will be measured, weighed, flipper and
Passive Integrated Transponder tagged,
blood and tissue sampled, marked with
paint, and released. A subset of green
turtles would be lavaged and satellite
tagged. The permit is valid for five
years.
Issuance of this permit, as required by
the ESA, was based on a finding that
VerDate Aug<31>2005
17:57 Jul 02, 2007
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DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XB15
Draft Programmatic Environmental
Impact Statement; Seismic Surveys in
the Beaufort and Chukchi Seas, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of extension of comment
period.
National Oceanic and Atmospheric
Administration
RIN 0648–XB06
Atlantic Coastal Fisheries Cooperative
Management Act Provisions;
Application for Exempted Fishing
Permit Related to Horseshoe Crabs
AGENCY:
AGENCY:
On April 6, 2007, notice was
published in the Federal Register that
NMFS and the Minerals Management
Service had released for public
comment a Draft Programmatic
Environmental Impact Statement (Draft
PEIS) for Seismic Surveys in the
Beaufort and Chukchi Seas, Alaska.
Based on a written request, the
comment period on this document has
been extended.
DATES: Written comments must be
postmarked by July 30, 2007.
ADDRESSES: Written comments on the
Draft PEIS should be addressed to Mr.
P. Michael Payne, Chief of the Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910-3225. The mailbox address for
providing email comments is
PR1.ALASKAEIS@noaa.gov. Comments
sent via e-mail, including all
attachments, must not exceed a 10megabyte file size.
A copy of the Draft PEIS may be
obtained by writing to this address or by
telephoning the contact listed here and
is also available at:https://www.mms.gov/
alaska/.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Hollingshead, (301)7132289, ext 128.
SUPPLEMENTARY INFORMATION:
Additional information on the content
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 seventh 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 up to 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 18,
2007.
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 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.
SUMMARY:
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
E:\FR\FM\03JYN1.SGM
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36428
Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Notices
Tom
Meyer, Fishery Management Biologist,
(301) 713–2334 x173.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with NOTICES
FOR FURTHER INFORMATION CONTACT:
Background
The regulations that govern exempted
fishing, at 50 CFR 600.745(b) and 50
CFR 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 cleanup 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 (66 FR
8906; February 5, 2001) 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
VerDate Aug<31>2005
17:57 Jul 02, 2007
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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
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 (or 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), on September 9,
2005 (for collections from September 9–
October 30, 2005), and on May 3, 2006
(for collections from June 1–November
30, 2006). Further data are needed to
improve the understanding of the
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Sfmt 4703
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 2006 EFP
Limuli Laboratories applied for an
EFP to collect horseshoe crabs for
biomedical and data collection purposes
from the Reserve in 2006. The EFP
application specified that: (1) the same
methods would be used in 2006 that
were used in years 2001–2005, (2) 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. 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 August 4, 2006, which
allowed them to collect horseshoe crabs
in the Reserve until November 30, 2006.
A total of 2,720 horseshoe crabs were
collected in the Reserve in late
September and October of 2006. Of
these, 2,460 animals were used for the
manufacture of LAL. Female horseshoe
crab activity levels were active and very
active; no males were used for the
manufacture of LAL. The remaining 260
animals were rejected; 190 crabs (6.99
percent) were injured horseshoe crabs (a
slight decrease from 7.8 percent last
year), and 57 crabs (2.1 percent) were
unresponsive and presumed dead due to
collecting, transporting and handing (a
decrease from 6.81 percent last year). In
addition, 13 horseshoe crabs (0.48
percent) were rejected due to small size
and not utilized in the manufacturing
process. Horseshoe crabs were collected
during 11 days in late September and
October of 2006 (2 days in September
and 9 days in October), 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, all
of the crabs transported to the laboratory
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03JYN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Notices
were females. Of those 2,460 processed
for LAL, 200 female 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 225 female bled
animals were tagged for a total of 425
animals or 17.3 percent. The average
measurements for the female horseshoe
crabs were 167.69 mm for the interocular distance (161.64 mm in 2005);
268.74 mm for the prosoma width
(260.4 mm in 2005); and 2.51 kg for the
weight (2.08 kg in 2005). The most
common encrusting organism observed
this year was the slipper shell. Sand
tube worms were also noted on many of
the animals. Only one crab had a
barnacle and bryozoans were not found
on any of the shells. It should be noted
that many organisms may be removed
during the washing/cleaning process
prior to blood collection.
Horseshoe crabs were aged in 2006
using Dr. Carl N. Schuster Jr.’s criteria
of aging by appearance: female
horseshoe crabs - virgin (1.5 percent),
young (7.0 percent), young-medium
(11.5 percent), medium (75 percent);
medium-old (4.5 percent); and old (0.5
percent). Last year’s percentages showed
the majority of crabs were virgins (65
percent), while this year the majority
were medium age (75 percent). This
may have occurred because the
horseshoe crab specimens were trawled
off the coast of Sea Isle City, New Jersey
and later in the season than in 2005.
The specimens studied last year were
trawled in deeper waters off Ocean City,
Maryland in August and early
September.
In 2006, a total of 425 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. Sixteen live recoveries occurred;
two animals from 2003 releases, two
from 2004 and 12 from the 2005
releases. Thirteen of the recaptures were
observed along the shores of Delaware
Bay. Three horseshoe crabs migrated to
the Atlantic Ocean. One was observed
on the beach in Avalon, New Jersey,
another within the Great Bay Inlet, New
Jersey and the third crab was found in
deep water off the coast of Ocean City,
Maryland.
Data collected under the EFP were
supplied to NMFS, the Commission,
and the State of New Jersey.
Proposed 2006 EFP
Limuli Laboratories proposes to
conduct an exempted fishery operation
using the same means, methods, and
VerDate Aug<31>2005
17:57 Jul 02, 2007
Jkt 211001
seasons utilized during the EFPs in
2001–2006, as described below under
terms and conditions. Limuli proposes
to continue to tag 15 percent of the bled
horseshoe crabs as they did in 2006.
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
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 June 16, 2007.
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
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36429
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: June 27, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E7–12879 Filed 7–2–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XB08
Marine Mammals; File Nos. 808–1735
and 1058–1733
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits.
AGENCY:
SUMMARY: Notice is hereby given that
Andrew Read, Ph.D., Duke University
Marine Laboratory, 135 Pivers Island
Road, Beaufort, North Carolina 28516
and Mark Baumgartner, Ph.D., MS #33,
Woods Hole Oceanographic Institute,
Woods Hole, Massachusetts, 02543 have
been issued permits to conduct research
on humpback whales (Megaptera
novaeangliae), blue whales
(Balaenoptera musculus), fin whales
(Balaenoptera physalus), sei whales
(Balaenoptera borealis), and Antarctic
minke whales (Balaenoptera
bonaerensis).
E:\FR\FM\03JYN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 127 (Tuesday, July 3, 2007)]
[Notices]
[Pages 36427-36429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12879]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XB06
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 seventh 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 up to 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 18, 2007.
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 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.
[[Page 36428]]
FOR FURTHER INFORMATION CONTACT: Tom Meyer, Fishery Management
Biologist, (301) 713-2334 x173.
SUPPLEMENTARY INFORMATION:
Background
The regulations that govern exempted fishing, at 50 CFR 600.745(b)
and 50 CFR 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 (66 FR 8906; February 5, 2001) 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 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 (or 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), on September 9, 2005 (for collections from September 9-
October 30, 2005), and on May 3, 2006 (for collections from June 1-
November 30, 2006). 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 2006 EFP
Limuli Laboratories applied for an EFP to collect horseshoe crabs
for biomedical and data collection purposes from the Reserve in 2006.
The EFP application specified that: (1) the same methods would be used
in 2006 that were used in years 2001-2005, (2) 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. 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 August 4, 2006, which
allowed them to collect horseshoe crabs in the Reserve until November
30, 2006. A total of 2,720 horseshoe crabs were collected in the
Reserve in late September and October of 2006. Of these, 2,460 animals
were used for the manufacture of LAL. Female horseshoe crab activity
levels were active and very active; no males were used for the
manufacture of LAL. The remaining 260 animals were rejected; 190 crabs
(6.99 percent) were injured horseshoe crabs (a slight decrease from 7.8
percent last year), and 57 crabs (2.1 percent) were unresponsive and
presumed dead due to collecting, transporting and handing (a decrease
from 6.81 percent last year). In addition, 13 horseshoe crabs (0.48
percent) were rejected due to small size and not utilized in the
manufacturing process. Horseshoe crabs were collected during 11 days in
late September and October of 2006 (2 days in September and 9 days in
October), 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, all of the
crabs transported to the laboratory
[[Page 36429]]
were females. Of those 2,460 processed for LAL, 200 female 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 225 female bled animals were tagged for a total
of 425 animals or 17.3 percent. The average measurements for the female
horseshoe crabs were 167.69 mm for the inter-ocular distance (161.64 mm
in 2005); 268.74 mm for the prosoma width (260.4 mm in 2005); and 2.51
kg for the weight (2.08 kg in 2005). The most common encrusting
organism observed this year was the slipper shell. Sand tube worms were
also noted on many of the animals. Only one crab had a barnacle and
bryozoans were not found on any of the shells. It should be noted that
many organisms may be removed during the washing/cleaning process prior
to blood collection.
Horseshoe crabs were aged in 2006 using Dr. Carl N. Schuster Jr.'s
criteria of aging by appearance: female horseshoe crabs - virgin (1.5
percent), young (7.0 percent), young-medium (11.5 percent), medium (75
percent); medium-old (4.5 percent); and old (0.5 percent). Last year's
percentages showed the majority of crabs were virgins (65 percent),
while this year the majority were medium age (75 percent). This may
have occurred because the horseshoe crab specimens were trawled off the
coast of Sea Isle City, New Jersey and later in the season than in
2005. The specimens studied last year were trawled in deeper waters off
Ocean City, Maryland in August and early September.
In 2006, a total of 425 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. Sixteen live recoveries occurred; two
animals from 2003 releases, two from 2004 and 12 from the 2005
releases. Thirteen of the recaptures were observed along the shores of
Delaware Bay. Three horseshoe crabs migrated to the Atlantic Ocean. One
was observed on the beach in Avalon, New Jersey, another within the
Great Bay Inlet, New Jersey and the third crab was found in deep water
off the coast of Ocean City, Maryland.
Data collected under the EFP were supplied to NMFS, the Commission,
and the State of New Jersey.
Proposed 2006 EFP
Limuli Laboratories proposes to conduct an exempted fishery
operation using the same means, methods, and seasons utilized during
the EFPs in 2001-2006, as described below under terms and conditions.
Limuli proposes to continue to tag 15 percent of the bled horseshoe
crabs as they did in 2006.
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 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
June 16, 2007. 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: June 27, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E7-12879 Filed 7-2-07; 8:45 am]
BILLING CODE 3510-22-S
