SUPPORT NEEDED TO SAVE THE HORSESHOE CRAB AND SHOREBIRDS
Each spring, Delaware Bay beaches in New Jersey and Delaware are the
scene of one of nature's truly great phenomenons --- the concentration
of hundreds of thousands of shorebirds feeding frantically on the
protein rich eggs of spawning Horseshoe crabs (Limulus polyphemus).
These birds increase their body weight for their flight to breeding
grounds in the Arctic by as much as 100% while feeding non-stop for two
weeks on the crab eggs laid on the beaches. Without the Horseshoe crab
eggs, several species of birds' hemispheric populations could be
adversely affected. These include Red knots (about 80% of the
hemispheric population feeds in Delaware Bay), Sanderlings (30% of the
hemispheric population), Ruddy turnstones, and Semi-palmated sandpipers.
In addition, Dunlins and Short-billed dowitchers, along with 15 other
avian species, also concentrate in Delaware Bay to join in the feast.
Appropriately, Delaware Bay has been recognized as a globally important
Hemispheric Site under the Western Hemisphere Shorebird Reserve Network
and an Important Bird Area by American Bird Conservancy and National
Audubon Society. Unfortunately, the taking of Horseshoe crabs by hand
harvest and trawl for eel and conch bait has increased substantially and
the number of crabs and their egg availability for shorebirds has
declined significantly. Peak shorebird counts have declined by 45% from
the 1991 to 1996 average as compared to the 1986-1989 average. Without
a vigorous campaign to restrict the take of Horseshoe crabs, both crab
and shorebird populations are threatened.
American Bird Conservancy is leading the way with local and national
partners to protect the Horseshoe crab and the shorebirds. Efforts are
underway to enact tighter restrictions on the take of the crabs in New
Jersey, Delaware, and Maryland and to have the Atlantic States Marine
Fisheries Commission (ASMFC) adopt a strong management plan limiting the
take of the Horseshoe crab along the entire Atlantic coast. Here is an
update:
NEW JERSEY: ABC met in Trenton with the Commissioner of Natural
Resources and top aides to Governor Whitman. Reacting to the advocacy of
bird conservationists, New Jersey enacted very strong conservation
measures. The ocean trawl fishery, that accounted for two-thirds of New
Jersey's harvest, has been closed. Hand harvest during spawning has
been prohibited on the Delaware Bay beaches but harvest does occur 1,000
feet back from the coast. We understand that with increased daily
limits, a good many crabs are being harvested by hand. ABC continues to
monitor this situation.
DELAWARE: ABC helped co-ordinate a meeting with the Governor of Delaware
and his Secretary of Natural Resources and recruited Delaware partners
to attend. ABC drafted a letter to Governor Carper calling for a
closure of Delaware's harvest that was signed by eight Delaware and
National conservation groups who met with the Governor. Responding to
the conservation community's call for action, Delaware published
proposed regulations on January 1, 1998 to greatly reduce the take of
Horseshoe crabs. The reduction would be over 50% of current harvests
and the regulations would end the massive harvests for shipment out of
state on tractor trailers. On January 26, 1998, ABC testified at the
Public Hearing on these regulations in co-ordination with Delaware
groups and National Audubon. The attendance of ABC and National Audubon
highlighted the national priority attached to this issue. Written
comments were submitted by ABC in support of the regulations with
suggested improvements. ABC also sent an alert to Policy Council
members to submit written comments supporting the regulations as
Crabbers turned out in force at the hearing to protest the regulations.
VICTORY: The regulations were effective effective on April 1 and do
the following: 1) Close all federal and state beaches to any take of
crabs except at Port Mahon where harvest is allowed on Tuesday and
Thursday. 2) Close all of the waters of Delaware Bay to any harvest
from May 1 to June 30. 3) Permit harvest on private beaches from May 1
to June 30 only on Monday, Wednesday, and Friday. 4) Limit shipment,
trucks, trailers, and containers to 300 cubic feet for the movement of
Crabs (this is the provision that will stop mass harvest as 300 cu. ft.
is the size of the bed of a large pick-up truck w/sideboards. No tractor
trailers could meet this limitation). 5) Limit the entry for commercial
harvest hand permits to about 55 people. 6) Allow the 5 dredgers to
take a maximum of 1500 crabs a day other than from May 1 to June 30 when
the Delaware Bay waters are closed to all water harvest. and 7) Require
monthly reporting. We now understand that fairly heavy harvest
continues and that Delaware beach harvesters arer running crabs to
Maryland and VA.
MARYLAND: ABC has met separately with the Governor, Secretary of
Natural Resources, and Assistant Secretary for Fisheries. ABC developed
a petition for Maryland citizens to sign to the Governor and Secretary
of Natural Resources urging a closure of the Maryland trawl fishery
which had grown exponentially and accounts for 93% of the Crabs
harvested in Maryland. In effect, there are no restrictions on this
harvest as it has only grown in the last several years. Working with
many Maryland groups and speaking at annual meetings of such groups as
the Chesapeake Audubon Society, ABC and its partners have convinced
Maryland officials to act. Regulations went into effect on April 10,
1998 that greatly reduce the take of the Crabs in Maryland, probably by
more than two-thirds of 1996 levels. The regulations that have been
implemented are as follows:
1) The Maryland ocean fishery is limited to only those crabbers who
reported taking Horseshoe crabs in 1996. This means that no more than
six otter trawlers and two gill netters will be permitted to crab in
1998 and all years thereafter and no more vessels will be permitted to
enter the fishery. The two New Jersey trawlers taking Crabs in 1997
will not be allowed to trawl in Maryland waters nor land their catch in
Maryland. 2) There is a total closure for all take of Horseshoe Crabs
from December 1 to April 1 of each year. 3) There is a closure for all
take of Crabs in the Chesapeake Bay and within one mile of Maryland's
coast from April 1 to June 30 of each year. 4) From April 1 to June 30
of each year there shall be a limit of no more than 100 crabs taken per
vessel outside of the Bay and one mile of Maryland's Atlantic Coast. 5)
>From July 1 to November 30 of each year the six trawlers in the coastal
fishery shall have maximum limits that will not exceed approximately
1,000 crabs for two trawlers, 600 for two, and 300 for two others and
these limits shall be decided by DNR under a yearly total take limit of
a maximum of 750,000 pounds for the entire fishery. 6) If at any time
during the year the reported take from all Maryland harvest exceeds 750,
000 pounds, the fishery shall be immediately closed. 7) There shall be
no take of Crabs permitted on weekends during the entire year. 8) All
regulations and quotas shall apply to all Crabs landed in Maryland
regardless of where harvested. 9) All those who take Crabs or who hold
a Horseshoe Crab permit shall submit monthly reports to DNR but during
the period July 1 to November 30 reporting shall be bi-weekly. Failure
to report (even if no Crabs are taken) shall result in the revocation of
the permit or license to take Crabs. 10) An Executive Order shall
provide, and DNR agrees, that there will be spot checks by DNR Police at
the Ocean City landing for vessels with Crabs at least on a bi-weekly
basis, and more often if necessary, during the entire season from April
1 to November 30. These spot checks shall ensure the enforcement of
permit/licensure requirements, quotas and daily limits, and reporting
requirements. 11) The take of Crabs for medical bleeding shall be in
conformity with FDA guidelines including the release of the Crabs to the
water within 48 hours of their take, and such take, even for eventual
release, shall be reported as is other take.
VIRGINIA (From Bird Calls E-Magazine)
Conservationists, led by members of the Policy Council, have succeeded
in gaining significant reductions in the catch of the Delaware Bay
population of Horseshoe Crabs. New Jersey, Delaware, and Maryland now
have all acted to greatly restrict the take of the Crab. Many species
of shorebirds are dependent on the excess Crab eggs while stopping in
Delaware Bay during their spring migration to Arctic breeding grounds.
Unfortunately, trawlers and dredgers have shifted their landings to
Virginia where reported catch has already tripled over 1997 levels.
Responding to pleas from ABC, National Audubon and others, the Virginia
Marine Resources Commission held public hearings in June and July to
discuss staff proposals to restrict the take and landing of Horseshoe
Crabs in Virginia. ABC and National Audubon testified at the hearing in
July. Despite the documented increase in catch of the Crabs and the
unrestricted take that occurs beyond Virginia's three mile limit, the
VMRC rejected all staff recommendations for action to restrict the take
of and landing of Horseshoe Crabs in Virginia. The VMRC tabled further
consideration until November after the Atlantic States Marine Fisheries
Commission is supposed to make recommendations. The VMRC expressed no
interest in protecting the Crab, only interest in protecting the users
of the Crab for bait or those who capture the Crabs. Readers are urged
to write the Governor of Virginia, James Gilmore, State Capitol, 3rd
Floor, Richmond, VA 23219. See sample letter below.
Contact: Josh Eagle, National Audubon , or
Gerald Winegrad at .
ASMFC: ABC has appeared before the ASMFC at meetings in N.Virginia and
Warwick, Rhode Island, along with partner organizations, to convince
this interstate body to adopt a binding fishery management plan for the
entire Atlantic Coast to protect the Horseshoe crab. Individual
meetings have been held with staff. The result: The ASMFC is drafting a
FMP and the States funded a population assessment of the Crab and
dedicated staff to write the plan and do the technical work. A draft
FMP has been completed and the ASMFC is meeting this week in Maine
to discuss the plan for Horseshoe Crabs. The ASMFC has two sub-groups on
the Crab--one recommended a 10% reduction in harvest State by State over
the year w/the best data on harvest for the State (probably the highest
recorded harvest) and the other is for a 25% reduction. Since NJ,MD and
DE have reduced their catches by substantially more, this could presenrt
a real serious problem. The ASMFC is supposed to finalize its FMP for
the Horseshoe Crab in late October when the Commission meets to vote on
it.
Clearly, without the advocacy and organized strategy of ABC, efforts to
protect the Horseshoe crab would not have advanced as they have. This
ancient species was not a priority of fisheries managers and regulation
of its harvest was grossly inadequate. Increased demand for eels and
conch resulted in a skyrocketing price for the Crabs as bait and thus a
tremendous increase in commercial harvest of the Crab. ABC has rallied
the birding world and relied on its key national and local partners for
assistance. National Audubon has worked side by side and letters and
advocacy have been contributed by World Wildlife Fund, Defenders of
Wildlife, New Jersey Audubon, Delmarva Ornithological Society, and the
Chesapeake Bay Foundation, among many others. Much work needs to be
done to assure the protection of the Horseshoe crab and the shorebirds
as final regulations have not been adopted in any of the critical States
and the ASMFC plan is still under development.
This ancient mariner is not a crab at all and is related to scorpions
and spiders and has been on earth for 360 million years, pre-dating the
dinosaurs. The Horseshoe crab's blood is used to produce lysate, which
is the global standard for testing the purity of injectable drugs. This
medical use is non-consumptive as the crabs are returned live to the
water. Since the Horseshoe crab does not reproduce until age nine,
pro-active management is all the more important. Without our continued
efforts, increasing harvests may result in a collapse in the population,
the fishery, and in the bird populations that are dependent on the
Horseshoe crab eggs.
Dear Friends in Conservation: All of our work to protect the horseshoe
crab and shorebirds may be negated by the failure of Virginia to
regulate the landing of unlimited numbers of Crabs in its ports. NJ, MD
and VA fishermen have learned to exploit the loopholes in VA law and
last week the VMRC postponed any regulatory action until at least
November. We need you to act and call and send letters to the Governor
of VA--see my attached letter. Josh Eagle at Audubon has prepared a
letter as well for Audubon. Send the same letter (modified
appropriately) to the two officials listed below. Mr. Pruitt's letter
should express your concerns to him as Chairman of the VMRC for failing
to act. We are also attempting to have the Govs opf MD and VA contact
Governor Gilmore personally to urge action. The facts and figures are
in my attached letter. If you are a residnet of VA and have other
residents of VA in your office have them write to Gov Gilmore
individually, please. We need you to act for the Horseshoe Crab--now,
please.
William A. Pruitt, Commissioner
Virginia Marine Resources Commission
P.O. Box 756
Newport News, VA 23607
John Paul Woodley, Jr.
Secretary of Natural Resources
P.O. Box 1475
Richmond, Virginia 23212
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August 4, 1998
Secretary John Paul Woodley, Jr.
Secretary of Natural Resources
P.O. Box 1475
Richmond, Virginia 23212
Re: VMRC Failure to Act on Horseshoe Crab Regulations
Dear Governor Gilmore:
We in the conservation community are quite concerned over the failure of
the Virginia Marine Resources Commission to act to reduce the take and
landings of Horseshoe Crabs in Virginia. The Commission rejected all
management options presented to it at its public hearing on July 28,
1998 and chose to put off any decisions until November, 1998. Virginia
has failed over the last four years to comply with the Fishery
Management Plan for the Horseshoe Crab adopted under the Chesapeake Bay
Agreement with Maryland in 1994. This Plan was signed by the Governor
of Virginia. Amongst other provisions, the Plan calls for the closure
of all hand harvest of Crabs from May 1 to June 7. This has not been
done. American Bird Conservancy, National Audubon Society, and
Defenders of Wildlife all had previously written to your predecessor and
to the VRMC in 1997 urging action. We were advised in writing by then
Secretary Dunlap and by Mr. William Pruitt, Chairman of the VMRC, that
if Virginia's landings data indicted a significant increase in take and
landings in Virginia, they were prepared to take necessary actions. The
recent decision by the VMRC to take no action--in the face of a
tremendous increase in take and landings in Virginia of Horseshoe
crabs--is all the more inexplicable in light of these assurances.
We urge you to close the loopholes in Virginia's regulations and to do
as VMRC staff had originally proposed in an evaluation to the Commission
dated May 27, 1998:
1) Close Virginia to all take and landings from May 1 to July 1;
2) Limit daily landings of crabs during the rest of the year to1,000 per
trip, but we suggest that this is too high and should be lowered to 300
per vessel; and
3) Close the conch dredge fishery for the crab.
Also, Virginia should act to assure that all landings and take are
reported. I was advised by Virginia natural resource police that out of
state vessels do not have to report landings in Virginia. If these
vessels do not report their catch, this presents a serious problem in
properly managing the fishery. Maryland, New Jersey and Delaware all
have stringent reporting requirements with suspension of
permits/licenses mandatory for failure to report. All regulations
adopted should apply to all crabs landed in Virginia, regardless of
where taken.
New Jersey, Delaware, and Maryland have all acted to significantly
reduce the take of horseshoe crabs. New Jersey has closed their coastal
trawl fishery and Maryland has greatly restricted its take by an
estimated 72% over 1996 levels. Unfortunately, the regulatory actions
of these states have shifted the taking and landings of the crabs to
Federal waters for landing in Virginia, where there are no restrictions
for these crabbers. Hence, New Jersey, Maryland and Virginia vessels
avoid all regulations by merely taking the crabs beyond Virginia's three
mile limit and landing the crabs in Virginia ports. One conch dealer
spoke at the July 28 VMRC hearing and described how he was routinely
purchasing 2 to 3 tractor trailer loads of Horseshoe Crabs per week,
with 10,000 crabs each or about 50,000 pounds of crabs per truck. This
means that in one week, one dealer bought more crabs than were reported
as landed in Virginia in all of 1996 and 1997öcombined.
The targeting of Horseshoe Crabs by Virginia conch dredge boats also has
led to a serious exploitation of the resource. The VMRC evaluation
noted that the six conch dredgers are taking from 1,000 to 2,500 crabs
per day in a directed fishery and this could lead to an annual take of
over 600,000 pounds, over 15 times the entire reported harvest in 1997.
This directed fishery only began this spring with the adoption of
Maryland's emergency regulations. VMRC staff had originally proposed in
their May 27, 1998 Evaluation to the VMRC that this conch dredge fishery
for the crab be closed, that all take and landings be closed in May and
June and that from July 1 to April 30 all vessels be limited to 1,000
crabs per trip. Much to our surprise, these recommendations were
withdrawn from the VMRC as the hearing began in Newport News. The
Commission then decided to take no regulatory action at least until
November when it would again look at this issue after the ASMFC was
supposed to make management recommendations.
This inaction permits vessels to land unlimited numbers of Horseshoe
crabs in Virginia without any restrictions whatsoever. If each state
chose to await the actions of the ASMFC, we believe that the Horseshoe
Crab fishery might be near collapse. As documented by VMRC staff at the
public hearing on July 28, the take and landing of Horseshoe Crabs in
Virginia has skyrocketed in 1998. Within just over six months, the
total landings reported in Virginia exceed 300,000 pounds. This is well
over the reported landings in Virginia in all of 1997 of 37,846 pounds
and still well over the 85,655 pounds reported as landed in 1996. Staff
projects that the landings will probably exceed 1,000,000 pounds in
1998. Without prompt and significant regulatory action by Virginia, the
uncontrolled and unlimited taking of horseshoe crabs in Federal waters
and their landing in Virginia will accelerate.
The American Bird Conservancy is a national non-profit organization
dedicated to the conservation of birds. Through our 72 member
organizations on our Policy Council, we work collaboratively to enhance
avian populations in the U.S. and throughout the Western Hemisphere.
Our members include the Wildlife Center of Virginia, The Nature
Conservancy and The Conservation Fund (both headquartered in Virginia),
Cornell Ornithological Laboratory, and the Peregrine Fund. Our members
are concerned over the decline in shorebird numbers in Delaware Bay over
the last decade and the linkage to the horseshoe crab. This ancient
species, predating the dinosaurs, is essential to migratory shorebirds.
Each spring, Delaware Bay beaches in New Jersey and Delaware are the
scene of one of nature's truly great phenomenons --- the concentration
of hundreds of thousands of shorebirds feeding frantically on the
protein rich eggs of spawning horseshoe crabs. Without the horseshoe
crab eggs, several species of birds' hemispheric populations would be
adversely impacted. These include Red Knots (about 80% of the
hemispheric population feeds in Delaware Bay), Sanderlings (30% of the
hemispheric population), Ruddy Turnstones, and Semi-palmated and Least
Sandpipers. In addition, commercial fish such as rockfish, white perch,
and eels all feed on juvenile horseshoe crabs. The threatened
loggerhead turtle that is found in warmer months in Maryland and
Virginia waters is also highly dependent in its diet on juvenile
horseshoe crabs. The medical industry also depends on Limulus
amoebocyte lysate (LAL) from the blood of the crab for testing the
purity of injectable medicines. Bio-Whitaker, a LAL processor based in
Chincoteague, VA, also has urged Virginia to act and testified at the
July 28 hearing. We ask that you consider the values of the horseshoe
crab beyond eel, conch, and catfish bait in making your decisions. So
many other living organisms depend on the craböincluding humansöfor it
to be considered in only the context of eel or conch bait. The VMRC
evaluation notes this connection to shorebirds, loggerhead turtles,
valuable commercial finfish, and drug purity testing.
The failure of Virginia to act could lead to a collapse in Horseshoe
Crab populations and would thwart the actions by the other states to
protect the horseshoe crab from over harvest. It is extremely important
that Virginia act to prevent the over harvest of the horseshoe crab.
New Jersey, Delaware and Maryland have all acted to reduce take
substantially. New Jersey and Maryland's regulations should reduce take
by over 70% over 1996 levels. Delaware's regulations will reduce its
catch by close to an estimated 50%. We need Virginia's cooperation and
action to protect this ancient creature and are quite concerned over the
VMRC's failure to act. We urge you as Secretary of Natural Resources to
fully implement the Chesapeake Bay and Atlantic Coast Fishery Management
Plan and to close the loophole that allows the unlimited and
unrestricted landing of Horseshoe Crabs in Virginia. Time is critical
as the next big surge for the conch fishery is in October when Horseshoe
Crabs will be taken in great numbers for bait in this fishery.
Sincerely,
George H. Fenwick
President