Atlantic Coastal Fisheries Cooperative Management Act Provisions; Horseshoe Crabs; Application for Exempted Fishing Permit, 2012, 55457-55458 [2012-22223]
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Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Notices
the address listed above. Comments may
also be submitted by facsimile to (301)
713–0376, or by email to
NMFS.Pr1Comments@noaa.gov. Please
include the File No. in the subject line
of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on these
applications would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Laura Morse or Amy Sloan, (301) 427–
8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216), the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.), the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR 222–226), and the Fur Seal Act of
1966, as amended (16 U.S.C. 1151 et
seq.).
The objectives of the proposed
research are to obtain information on
population status and distribution, stock
structure, age distribution, mortality
rates, productivity, feeding habits, and
health status of twenty-six species of
pinnipeds (excluding walrus) and
cetaceans found in Alaskan waters; such
data would be used for conservation and
management purposes. The applicant is
requesting authorization to collect,
receive, import, and export marine
mammal parts from legal foreign (Russia
and Canada) and domestic subsistencehunts; scientists in academic, federal,
and state institutions involved in legally
authorized marine mammal research;
dead beach-cast species; and incidental
commercial fisheries bycatch. Import/
export activities would occur worldwide. No live animal takes are being
requested under this permit. The
requested duration of the permit is five
years.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activities proposed are categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding a copy of the
application to the Marine Mammal
VerDate Mar<15>2010
16:57 Sep 07, 2012
Jkt 226001
Commission and its Committee of
Scientific Advisors.
Dated: September 4, 2012.
P. Michael Payne,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2012–22214 Filed 9–7–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC220
Atlantic Coastal Fisheries Cooperative
Management Act Provisions;
Horseshoe Crabs; Application for
Exempted Fishing Permit, 2012
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of a proposal to
conduct exempted fishing; request for
comments.
AGENCY:
The Deputy Director, Office of
Sustainable Fisheries, has made a
preliminary determination that the
subject exempted fishing permit (EFP)
application submitted by Limuli
Laboratories of Cape May Court House,
NJ, contains all the required information
and warrants further consideration. The
proposed EFP would allow the harvest
of up to 10,000 horseshoe crabs from the
Carl N. Shuster Jr. Horseshoe Crab
Reserve (Reserve) for biomedical
purposes and require, as a condition of
the EFP, the collection of data related to
the status of horseshoe crabs within the
reserve. The Deputy Director has also
made a preliminary determination that
the activities authorized under the EFP
would be consistent with the goals and
objectives of the Atlantic States Marine
Fisheries Commission’s (Commission)
Horseshoe Crab Interstate Fisheries
Management Plan (FMP). However,
further review and consultation may be
necessary before a final determination is
made to issue the EFP. Therefore, NMFS
announces that the Deputy 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
SUMMARY:
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
55457
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 25, 2012.
ADDRESSES: Written comments should
be sent to Emily Menashes, Deputy
Director, Office of Sustainable Fisheries,
NMFS, 1315 East-West Highway, Room
13362, Silver Spring, MD 20910. Mark
the outside of the envelope ‘‘Comments
on Horseshoe Crab EFP Proposal.’’
Comments may also be sent via fax to
(301) 713–0596. Comments on this
notice may also be submitted by email
to: derek.orner@noaa.gov. Include in the
subject line of the email comment the
following document identifier:
‘‘Horseshoe Crab EFP Proposal
Comments.’’
FOR FURTHER INFORMATION CONTACT:
Derek Orner, Office of Sustainable
Fisheries, (301) 427–8567.
SUPPLEMENTARY INFORMATION:
Background
Limuli Laboratories submitted an
application for an EFP on June 19, 2012,
to collect up to 10,000 horseshoe crabs
for biomedical and data collection
purposes from the Reserve. The
applicant has applied for, and received,
a similar EFP every year from 2001–
2011. The current EFP application
specifies that: (1) The same methods
would be used in 2012 that were used
in years 2001–2011, (2) at least 15
percent of the bled horseshoe crabs
would be tagged, and (3) there had not
been any sighting or capture of marine
mammals or endangered species in the
trawling nets of fishing vessels engaged
in the collection of horseshoe crabs
since 1993. The project submitted by
Limuli Laboratories would provide
morphological data on horseshoe crab
catch, would tag a portion of the caught
horseshoe crabs, and would use the
blood from the caught horseshoe crabs
to manufacture Limulus Amebocyte
Lysate (LAL), an important health and
safety product used for the detection of
endotoxins. The LAL assay is used by
medical professionals, drug companies,
and pharmacies to detect endotoxins in
intravenous pharmaceuticals and
medical devices that come into contact
with human blood or spinal fluid.
Results of 2011 EFP
During the 2011 season, a total of
3,500 horseshoe crabs were gathered
over a period of seven days, from the
Carl N. Schuster Jr. Horseshoe Crab
Reserve (Reserve) for the manufacture of
LAL. After transportation to the
laboratory, the horseshoe crabs were
E:\FR\FM\10SEN1.SGM
10SEN1
55458
Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
inspected for size, injuries, and
responsiveness. The injured horseshoe
crabs numbered 310, or 8.86% of the
total, while 71, or 2.03%, were noted as
slow moving. An additional 16, or
4.06% were deemed mortal. In addition,
six horseshoe crabs were rejected due to
small size. Overall, 3,097 horseshoe
crabs were used (bled) in the
manufacture of a LAL.
Two hundred of the bled horseshoe
crabs were randomly selected for
activity, morphometric and aging
studies. The activity level for all 200
animals was categorized as ‘‘active’’.
Morphometric studies noted that
average inter-ocular distances, prosoma
widths and weights of these 200
horseshoe crabs were comparable to
previous years (2001–2010). Of the 200
horseshoe crabs examined in 2011, a
little more than half (52%) were
categorized as medium aged followed by
young (31%). Older animals were
greater in number (17%) than most of
the other years with the exception of the
2004 year (19%) and the 2010 year
(26%).
The 200 studied horseshoe crabs and
325 additional bled horseshoe crabs
were tagged and released into the
Delaware Bay. To date, the tagging of
4,938 horseshoe crabs during 2001–2011
have resulted in 104 live recaptures.
The observed horseshoe crabs were
found 1 to 8 years after release,
primarily along the Delaware Bay shores
during their spawning season.
Proposed 2012 EFP
Limuli Laboratories proposes to
conduct an exempted fishery operation
using the same means, methods, and
seasons proposed/utilized during the
EFPs in 2001–2011. Limuli proposes to
continue to tag at least 15 percent of the
bled horseshoe crabs as they did in
2011. NMFS would require that the
following terms and conditions be met
for issuance and continuation of the EFP
for 2012:
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 51⁄2 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
VerDate Mar<15>2010
16:57 Sep 07, 2012
Jkt 226001
the consistency in the way horseshoe
crabs are harvested for data collection;
4. Limiting trawl tow times to 30
minutes as a conservation measure to
protect sea turtles, which are expected
to be migrating through the area during
the collection period, and are vulnerable
to bottom trawling;
5. Requiring that the collected
horseshoe crabs be picked up from the
fishing vessels at docks in the Cape May
Area and transported to local
laboratories, bled for LAL, and released
alive the following morning into the
Lower Delaware Bay; and
6. Requiring that any turtle take be
reported to NMFS, Northeast Region,
Assistant Regional Administrator of
Protected Resources Division, within 24
hours of returning from the trip in
which the incidental take occurred.
As part of the terms and conditions of
the EFP, for all horseshoe crabs bled for
LAL, NMFS would require that the EFP
holder provide data on sex ratio and
daily harvest. Also, the EFP holder
would be required to examine at least
200 horseshoe crabs for morphometric
data. Terms and conditions may be
added or amended prior to the issuance
of the EFP.
The proposed EFP would exempt two
commercial vessels from regulations at
50 CFR 697.7(e) and 697.23(f), which
prohibit the harvest and possession of
horseshoe crabs from the Reserve on a
vessel with a trawl or dredge gear
aboard.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 5, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–22223 Filed 9–7–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 120807314–2314–01]
RIN 0648–XC155
Endangered and Threatened Species;
90-Day Finding on Petition To Delist
the Southern Oregon/Northern
California Coast Evolutionarily
Significant Unit of Coho Salmon Under
the Endangered Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of 90-day petition
finding.
AGENCY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
We, NMFS, announce a 90day finding on a petition to delist the
Southern Oregon/Northern California
Coast (SONCC) Evolutionarily
Significant Unit (ESU) of coho salmon
(Oncorhynchus kisutch) under the
Endangered Species Act (ESA). We find
that the petition does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted.
ADDRESSES: Copies of the petition are
available at: https://www.nmfs.noaa.gov/
pr/or upon request from the Assistant
Regional Administrator, Protected
Resources Division, NMFS, Southwest
Regional Office, 501 West Ocean Blvd.,
Suite 4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT:
Craig Wingert, NMFS, Southwest Region
Office, (562) 980–4021; or Dwayne
Meadows, Office of Protected Resources
(301) 427–8403.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Section 4 of the ESA (16 U.S.C. 1533)
contains provisions allowing interested
persons to petition the Secretary of
Commerce (Secretary) to add a species
to or remove a species from the List of
Endangered and Threatened Wildlife,
and to designate critical habitat for any
endangered or threatened species. The
Secretary has delegated the authority for
these actions to the NOAA Assistant
Administrator for Fisheries.
On July 3, 2012, we received a
petition from the Siskiyou County Water
Users Association and Dr. Richard
Gierak (the petitioners) requesting that
we delist the SONCC ESU of coho
salmon under the ESA. The petitioners
previously submitted four petitions
requesting that we delist coho salmon.
We analyzed those petitions and found
that they did not present substantial
scientific or commercial information
indicating the petitioned action may be
warranted. One negative 90-day finding
notice for three of these petitions was
published on October 7, 2011 (76 FR
62375) and a second negative 90-day
finding for the fourth petition was
published on January 11, 2012 (77 FR
1668). The new petition largely
reiterates the petitioners’ previous
arguments, including that the species is
not native to northern California
watersheds, including the Klamath
River, the species abundance has
increased since the early 1960s and is in
good condition overall, and that nonman-made factors (e.g., ocean
conditions, floods, fires, and drought)
rather than man-made factors are
responsible for the decline in coho
salmon abundance. These arguments
E:\FR\FM\10SEN1.SGM
10SEN1
]]>Agencies
[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Notices]
[Pages 55457-55458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22223]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC220
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Horseshoe Crabs; Application for Exempted Fishing Permit, 2012
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of a proposal to conduct exempted fishing; request
for comments.
-----------------------------------------------------------------------
SUMMARY: The Deputy Director, Office of Sustainable Fisheries, has made
a preliminary determination that the subject exempted fishing permit
(EFP) application submitted by Limuli Laboratories of Cape May Court
House, NJ, contains all the required information and warrants further
consideration. The proposed EFP would allow the harvest of up to 10,000
horseshoe crabs from the Carl N. Shuster Jr. Horseshoe Crab Reserve
(Reserve) for biomedical purposes and require, as a condition of the
EFP, the collection of data related to the status of horseshoe crabs
within the reserve. The Deputy Director has also made a preliminary
determination that the activities authorized under the EFP would be
consistent with the goals and objectives of the Atlantic States Marine
Fisheries Commission's (Commission) Horseshoe Crab Interstate Fisheries
Management Plan (FMP). However, further review and consultation may be
necessary before a final determination is made to issue the EFP.
Therefore, NMFS announces that the Deputy 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 25, 2012.
ADDRESSES: Written comments should be sent to Emily Menashes, Deputy
Director, Office of Sustainable Fisheries, NMFS, 1315 East-West
Highway, Room 13362, Silver Spring, MD 20910. Mark the outside of the
envelope ``Comments on Horseshoe Crab EFP Proposal.'' Comments may also
be sent via fax to (301) 713-0596. Comments on this notice may also be
submitted by email to: derek.orner@noaa.gov. Include in the subject
line of the email comment the following document identifier:
``Horseshoe Crab EFP Proposal Comments.''
FOR FURTHER INFORMATION CONTACT: Derek Orner, Office of Sustainable
Fisheries, (301) 427-8567.
SUPPLEMENTARY INFORMATION:
Background
Limuli Laboratories submitted an application for an EFP on June 19,
2012, to collect up to 10,000 horseshoe crabs for biomedical and data
collection purposes from the Reserve. The applicant has applied for,
and received, a similar EFP every year from 2001-2011. The current EFP
application specifies that: (1) The same methods would be used in 2012
that were used in years 2001-2011, (2) at least 15 percent of the bled
horseshoe crabs would be tagged, and (3) there had not been any
sighting or capture of marine mammals or endangered species in the
trawling nets of fishing vessels engaged in the collection of horseshoe
crabs since 1993. The project submitted by Limuli Laboratories would
provide morphological data on horseshoe crab catch, would tag a portion
of the caught horseshoe crabs, and would use the blood from the caught
horseshoe crabs to manufacture Limulus Amebocyte Lysate (LAL), an
important health and safety product used for the detection of
endotoxins. The LAL assay is used by medical professionals, drug
companies, and pharmacies to detect endotoxins in intravenous
pharmaceuticals and medical devices that come into contact with human
blood or spinal fluid.
Results of 2011 EFP
During the 2011 season, a total of 3,500 horseshoe crabs were
gathered over a period of seven days, from the Carl N. Schuster Jr.
Horseshoe Crab Reserve (Reserve) for the manufacture of LAL. After
transportation to the laboratory, the horseshoe crabs were
[[Page 55458]]
inspected for size, injuries, and responsiveness. The injured horseshoe
crabs numbered 310, or 8.86% of the total, while 71, or 2.03%, were
noted as slow moving. An additional 16, or 4.06% were deemed mortal. In
addition, six horseshoe crabs were rejected due to small size. Overall,
3,097 horseshoe crabs were used (bled) in the manufacture of a LAL.
Two hundred of the bled horseshoe crabs were randomly selected for
activity, morphometric and aging studies. The activity level for all
200 animals was categorized as ``active''. Morphometric studies noted
that average inter-ocular distances, prosoma widths and weights of
these 200 horseshoe crabs were comparable to previous years (2001-
2010). Of the 200 horseshoe crabs examined in 2011, a little more than
half (52%) were categorized as medium aged followed by young (31%).
Older animals were greater in number (17%) than most of the other years
with the exception of the 2004 year (19%) and the 2010 year (26%).
The 200 studied horseshoe crabs and 325 additional bled horseshoe
crabs were tagged and released into the Delaware Bay. To date, the
tagging of 4,938 horseshoe crabs during 2001-2011 have resulted in 104
live recaptures. The observed horseshoe crabs were found 1 to 8 years
after release, primarily along the Delaware Bay shores during their
spawning season.
Proposed 2012 EFP
Limuli Laboratories proposes to conduct an exempted fishery
operation using the same means, methods, and seasons proposed/utilized
during the EFPs in 2001-2011. Limuli proposes to continue to tag at
least 15 percent of the bled horseshoe crabs as they did in 2011. NMFS
would require that the following terms and conditions be met for
issuance and continuation of the EFP for 2012:
1. Limiting the number of horseshoe crabs collected in the Reserve
to no more than 500 crabs per day and to a total of no more than 10,000
crabs per year;
2. Requiring collections to take place over a total of
approximately 20 days during the months of July, August, September,
October, and November. (Horseshoe crabs are readily available in
harvestable concentrations nearshore earlier in the year, and offshore
in the Reserve from July through November.);
3. Requiring that a 5\1/2\ inch (14.0 cm) flounder net be used by
the vessel to collect the horseshoe crabs. This condition would allow
for continuation of traditional harvest gear and adds to the
consistency in the way horseshoe crabs are harvested for data
collection;
4. Limiting trawl tow times to 30 minutes as a conservation measure
to protect sea turtles, which are expected to be migrating through the
area during the collection period, and are vulnerable to bottom
trawling;
5. Requiring that the collected horseshoe crabs be picked up from
the fishing vessels at docks in the Cape May Area and transported to
local laboratories, bled for LAL, and released alive the following
morning into the Lower Delaware Bay; and
6. Requiring that any turtle take be reported to NMFS, Northeast
Region, Assistant Regional Administrator of Protected Resources
Division, within 24 hours of returning from the trip in which the
incidental take occurred.
As part of the terms and conditions of the EFP, for all horseshoe
crabs bled for LAL, NMFS would require that the EFP holder provide data
on sex ratio and daily harvest. Also, the EFP holder would be required
to examine at least 200 horseshoe crabs for morphometric data. Terms
and conditions may be added or amended prior to the issuance of the
EFP.
The proposed EFP would exempt two commercial vessels from
regulations at 50 CFR 697.7(e) and 697.23(f), which prohibit the
harvest and possession of horseshoe crabs from the Reserve on a vessel
with a trawl or dredge gear aboard.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 5, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-22223 Filed 9-7-12; 8:45 am]
BILLING CODE 3510-22-P
