[Federal Register Volume 65, Number 86 (Wednesday, May 3, 2000)]
[Proposed Rules]
[Pages 25698-25699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11021]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 000412106-0106-01; I.D. 032200A]
RIN 0648-AO02


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Atlantic Coast Horseshoe Crab Fishery; Closed Area to Horseshoe Crab 
Fishing

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Advance Notice of Proposed Rulemaking (ANPR); consideration of 
a closed area to fishing for horseshoe crab.

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SUMMARY: NMFS announces that it is considering, and is seeking public 
comment on, a prohibition on fishing for horseshoe crab (Limulus 
polyphemus) in Federal waters (EEZ) in an area encompassing a 30-
nautical mile (nm) (55.6 km) radius from the mouth of the Delaware Bay 
(measured from the territorial sea boundary midway between Cape May, 
New Jersey and Cape Henlopen, Delaware). NMFS would take such action, 
if appropriate, under the Atlantic Coastal Fisheries Cooperative 
Management Act (ACFCMA, 16 U.S.C. 5101 et seq.) with the purpose of 
conserving the Delaware Bay population of horseshoe crabs at a level 
that can sustain fisheries and provide a sufficient amount of horseshoe 
crab eggs for migratory shorebirds, which feed on such eggs.

DATES: Comments must be received by June 2, 2000.

ADDRESSES: Comments should be addressed to Richard Schaefer, Chief, 
Staff Office for Intergovernmental and Recreational Fisheries (Fx2), 
National Marine Fisheries Service, 8484 Georgia Avenue, Silver Spring, 
Maryland 20910.

FOR FURTHER INFORMATION CONTACT: Paul Perra, 301-427-2014.

SUPPLEMENTARY INFORMATION: The Atlantic coast horseshoe crab fishery 
takes place from Maine through Florida. Approximately 60 percent of 
horseshoe crabs are taken in the territorial sea (an area which extends 
from the coastline seaward to a distance of 3 nm (5.56 km)) off of the 
mid-Atlantic states (New York through Virginia). The fishery in Federal 
waters (3-200 nm) takes place seaward of the 3-nm line off of the mid-
Atlantic states, where horseshoe crabs are primarily harvested with 
trawls or dredges.
    In the mid-Atlantic area in recent years, there has been a dramatic 
shift in fishing effort on horseshoe crabs from waters under state 
jurisdiction to waters under Federal jurisdiction. This has raised 
concern about maintaining the Delaware Bay population of horseshoe 
crabs at levels that can sustain fisheries and provide an abundance of 
horseshoe crab eggs, an important food source for migratory shorebirds. 
While no complete Atlantic coast stock assessment is available for 
horseshoe crabs, some mid-Atlantic surveys show declining trends in 
horseshoe crab abundance. Fisheries in waters under state jurisdiction 
are managed through the Interstate Fishery Management Plan for the 
Horseshoe Crab (Plan) developed by the Atlantic States Marine Fisheries 
Commission (Commission). Since the majority of horseshoe crabs are 
harvested from waters under state jurisdiction, horseshoe crab 
fisheries are managed most appropriately and effectively under the 
authority of the ACFCMA, which provides for the issuance of compatible 
Federal regulations in the EEZ complementary to those of the states.
    The Commission approved the Plan in November 1999, and Addendum 1 
to the Plan in February 2000. The states, through adoption of the Plan 
and its Addendum 1, recognize the need to conserve horseshoe crab 
stocks. Under Addendum 1, a variety of new requirements in state waters 
is being implemented to better monitor and manage the horseshoe crab 
fishery, including a 25 percent reduction in each state's horseshoe 
crab bait-fishery landings. Addendum 1 also recommends to NMFS that it 
``should establish an offshore horseshoe crab sanctuary in federal 
waters within a 30 nautical mile radius of the mouth of the Delaware 
Bay. The taking of horseshoe crabs for any purpose, including 
biomedical, would be prohibited in this sanctuary. Furthermore, the 
NMFS should prohibit the transfer of horseshoe crabs in Federal 
waters.''
    The Commission requested that the area in the EEZ off the mouth of 
the Delaware Bay be closed to fishing to give special protection to 
that Bay's population of horseshoe crabs. The Commission determined 
that this protection is necessary to conserve the Delaware Bay 
population of horseshoe crabs at sustainable levels and to maintain the 
abundance of horseshoe crab eggs in Delaware Bay as a food source for 
migratory shorebirds.
    Because of the difficulty in enforcing a closed area in the shape 
of a radius (semi-circle), NMFS is considering establishing a closed 
area in Federal waters that would be roughly equivalent in the shape of 
a rectangle. The closed area would be bounded as follows:
    (1) On the north by a straight line connecting points 39 deg.15.0' 
N. lat., 74 deg.32.66' W. long. (3 nm off of Peck Beach, New Jersey) 
and 39 deg.15.0' N lat., 74 deg.22.0' W. long.
    (2) On the east by a straight line connecting points 39 deg.15.0' 
N. lat., 74 deg.22.0' W. long. and 38 deg.22.0' N. lat., 74 deg.22.0' 
W. long.
    (3) On the south side by a straight line connecting points 
38 deg.22.0' N. lat., 74 deg.22.0' W. long. and 38 deg.22.0' N. lat., 
75 deg.35.46' W. long. (3 nm off of Ocean City, Maryland).

[[Page 25699]]

    (4) On the west by state waters.
    NMFS is seeking public comment on this ANPR (see ADDRESSES) under 
the ACFCMA. Public comment is sought as to whether there is a need to 
close fishing for horseshoe crabs seaward from the mouth of the 
Delaware Bay, and, if so, what should be the size and shape of the 
closure area.
    During the ANPR process for the closed area, NMFS also intends to 
publish a proposed rule on permitting and reporting requirements and a 
prohibition of transfers at sea for the horseshoe crab fishery. After 
reviewing comments received during the ANPR process, a separate 
proposed rule for the closed area may be published.
    This action has been determined to be not significant for the 
purposes of Executive Order 12866.

    Authority: 16 U.S.C. 5101 et seq.

    Dated: April 27, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.
[FR Doc. 00-11021 Filed 5-2-00; 8:45 am]
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