[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Proposed Rules]
[Pages 10450-10454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4681]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100204079-0084-01]
RIN 0648-XQ49


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fisheries; 2010 Atlantic Bluefish Specifications

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes specifications for the 2010 Atlantic bluefish 
fishery, including State-by-State commercial quotas, a recreational 
harvest limit, and recreational possession limits for Atlantic bluefish 
off the east coast of the United States. The intent of these 
specifications is to establish the allowable 2010 harvest levels and 
possession limits to attain the target fishing mortality rate (F), 
consistent with the Atlantic Bluefish Fishery Management Plan (FMP).

DATES: Comments must be received on or before March 23, 2010.

ADDRESSES: You may submit comments, identified by 0648-XQ49, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking portal: http://www.regulations.gov,
     Fax: (978) 281-9135, Attn: Regional Administrator.
     Mail and Hand Delivery: Patricia A. Kurkul, Regional 
Administrator, NMFS, Northeast Regional Office, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope: 
``Comments on 2010 Bluefish Specifications.''
     Instructions: No comments will be posted for public 
viewing until after the comment period has closed. All comments 
received are a part of the public record and will generally be posted 
to http://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Copies of the specifications document, including the Environmental 
Assessment and Initial Regulatory Flexibility Analysis (EA/IRFA) and 
other supporting documents for the specifications, are available from 
Daniel Furlong, Executive Director, Mid-Atlantic Fishery Management 
Council, Room 2115, Federal Building, 300 South Street, Dover, DE 
19901-6790. The specifications document is also accessible via the 
Internet at http://www.nero.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Sarah Heil, Fishery Management 
Specialist, (978) 281-99257.

SUPPLEMENTARY INFORMATION: 

Background

    The Atlantic bluefish fishery is managed cooperatively by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States 
Marine Fisheries Commission (Commission). The management unit for 
bluefish specified in the FMP is U.S. waters of the western Atlantic 
Ocean. Regulations implementing the FMP appear at 50 CFR part 648, 
subparts A and J. Regulations requiring annual specifications are found 
at Sec.  648.160.
    The FMP requires the Council to recommend, on an annual basis, a 
total allowable catch (TAC) and total allowable landings (TAL) that 
will control fishing mortality. An estimate of annual discards is 
deducted from the TAC to calculate the TAL that can be made during the 
year by the commercial and recreational fishing sectors combined. The 
TAL is composed of a commercial quota (allocated to the States from 
Maine to Florida in specified shares) and a coastwide recreational 
harvest limit (RHL). A research set-aside (RSA) quota is deducted from 
the bluefish TAL (after any applicable transfer) in an amount 
proportional to the percentage of the overall TAL as allocated to the 
commercial and recreational sectors.
    The annual review process for bluefish requires that the Council's 
Bluefish Monitoring Committee (Monitoring Committee) and Scientific and 
Statistical Committee (SSC) review and make recommendations based on 
the best available data, including, but not limited to, commercial and 
recreational catch/landing statistics, current estimates of fishing 
mortality, stock abundance, discards for the recreational fishery, and 
juvenile recruitment. Based on the recommendations of the Monitoring 
Committee and SSC, the Council makes a recommendation to the Northeast 
Regional Administrator (RA). Because this FMP is a joint plan, the 
Commission also meets during the annual specification process to adopt 
complementary measures.
    The Council's recommendations must include supporting documentation 
concerning the environmental, economic, and social impacts of the 
recommendations. NMFS is responsible for reviewing these 
recommendations to assure they achieve the FMP objectives, and may 
modify them if they do not. NMFS then publishes proposed specifications 
in the Federal Register. After considering public comment, NMFS will 
publish final specifications in the Federal Register.
    In July 2009, the Monitoring Committee and SSC met to discuss the 
updated estimates of bluefish stock biomass and project fishery yields 
for 2010. In August 2009, the Council approved the Monitoring Committee 
and SSC's recommendations, and the Commission's Bluefish Board (Board) 
adopted complementary management measures.

Proposed Specifications

Updated Model Estimates

    According to Amendment 1 to the FMP (Amendment 1), overfishing for 
bluefish occurs when F exceeds the fishing mortality rate that allows 
maximum sustainable yield (FMSY), or the maximum F threshold 
to be achieved. The stock is considered overfished if the biomass (B) 
falls below the minimum biomass threshold, which is defined as \1/2\ 
BMSY. Amendment 1 also established that the long-term target 
F is 90 percent of FMSY (FMSY = 0.19, therefore 
Ftarget = 90 percent of FMSY = 0.17), and the 
long-term target B is BMSY = 324 million lb (146,964 mt).
    An age-structured assessment program (ASAP) model for bluefish was 
approved by the 41st Stock Assessment Review Committee (SARC 41) in 
2005 to estimate F and annual biomass. In June 2009, the ASAP model was 
updated in order to estimate the current status of the bluefish stock 
(i.e., 2008 biomass and F estimates) and enable the Monitoring 
Committee and SSC to recommend 2010 specifications using landings 
information and survey indices

[[Page 10451]]

through the 2008 fishing year. The results of the assessment update 
were as follows: (1) An estimated stock biomass for 2008, 
B2008 = 360.957 million lb (163,727 mt); and (2) projected 
yields for 2010 using Ftarget = F2008 = 0.12. 
Based on the updated 2008 estimate of bluefish stock biomass, the 
bluefish stock is not considered overfished: B2008 = 360.957 
million lb (163,727 mt) is greater than the minimum biomass threshold, 
2 BMSY = 162 million lb (73,526 mt), and is actually above 
BMSY. Biomass has been above the target since 2007, and the 
stock was declared rebuilt in 2009, satisfying the rebuilding program 
requirement to achieve rebuilding by 2010 that was established in 
Amendment 1. Estimates of F have declined from 0.41 in 1991 to 0.12 in 
2008. The updated model results also conclude that the Atlantic 
bluefish stock is not experiencing overfishing; i.e., the most recent F 
(F2008 = 0.12) is less than the maximum F overfishing 
threshold specified by SARC 41 (FMSY = 0.19).

2010 TAL

    During the rebuilding period, the Council was required to set a TAC 
consistent with the prescribed F for a given phase in the rebuilding 
period, or the status quo F, whichever is less. According to Amendment 
1, once the stock is recovered, the TAC could be set to achieve an 
Ftarget defined as 90 percent of FMSY (0.19). An 
estimate of annual discards is deducted from the TAC to calculate the 
TAL that can be made during the fishing year by the commercial and 
recreational fishing sector combined. The TAL is composed of a 
commercial quota and a RHL.
    At its July 2009 meeting, the SSC noted that sparse age composition 
data, the lack of sampling by fishery independent trawl and seine 
surveys, and the uncertainty behind recreational catch estimates were 
sources of scientific uncertainty associated with the bluefish stock 
assessment. The Monitoring Committee and SSC recommended a TAC for 2010 
at a level consistent with the maximum allowable rebuilding fishing 
mortality rate (F = 0.15), rather than increasing Ftarget to 
the FMP-prescribed level for a recovered stock (F = 0.17). The Council 
subsequently approved the Monitoring Committee and SSC's 
recommendations at its August 2009 meeting. Therefore, the Council 
recommended a coastwide TAC of 34.376 million lb (15,593 mt) to achieve 
the target F (0.15) in 2010 and to ensure that the bluefish stock 
continues to remain above the long-term biomass target, 
BMSY.
    The proposed TAL for 2010 is derived by subtracting an estimate of 
discards of 5.112 million lb (2,319 mt), the average discard level from 
2006-2008, from the TAC. After subtracting estimated discards, the 2010 
TAL would be 29.264 million lb (13,274 mt), which is slightly less than 
the 2009 TAL of 29.356 million lb (13,316 mt) due to an increase in 
discard estimates in recent years. Based strictly on the percentages 
specified in the FMP (17 percent commercial, 83 percent recreational), 
the commercial quota for 2010 would be 4.975 million lb (2,257 mt) and 
the RHL would be 24.289 million lb (11,017 mt) in 2010. In addition, up 
to 3 percent of the TAL may be allocated as RSA quota. The discussion 
below describes the recommended allocation of TAL between the 
commercial and recreational sectors, and the proportional adjustments 
to account for the recommended bluefish RSA quota.

Proposed Commercial Quota and Recreational Harvest Limit

    The FMP stipulates that, in any year in which 17 percent of the TAL 
is less than 10.500 million lb (4,763 mt), the commercial quota may be 
increased up to 10.500 million lb (4,763 mt) as long as the 
recreational fishery is not projected to land more than 83 percent of 
the TAL in the upcoming fishing year, and the combined projected 
recreational landings and commercial quota would not exceed the TAL. At 
the Monitoring Committee meeting in July 2009, Council staff attempted 
to estimate projected recreational landings for the 2010 fishing year 
by using simple linear regression of the recent (2001-2008) temporal 
trends in recreational landings. However, at that time, only data 
through Wave 2 were available, and a reliable estimate of 2009 catch 
could not be generated. Therefore, the Council postponed this type of 
projection until more landings data for the 2009 fishing year become 
available. Recreational landings for 2008 (18.9 million lb, 8,573 mt) 
were applied to 2010 for calculation of the RHL. As such, it is likely 
that a transfer of 5.387 million lb to the commercial sector could be 
approved. This option represents the preferred alternative recommended 
by the Council in its specifications document.
    However, the Council also recognized that future updates of the 
recreational harvest projections could result in a different transfer 
amount to the commercial sector in the final specifications. NMFS's 
Northeast Regional Office (NERO) staff is unable to update the 
recreational harvest projection at this time because although Marine 
Recreational Fisheries Statistics Survey (MRFSS) data through Wave 4 of 
2009 are available, Wave 5 estimates are delayed. When Wave 5 data 
become available, NERO staff will update the recreational harvest 
projection in the final rule for the 2010 bluefish specifications. 
Depending on the results of the Wave 5 estimates, the actual amount 
that could be transferred to the commercial sector could be higher or 
lower than the preferred option of 5.387 million lb.

RSA

    A request for research proposals for the 2010 Mid-Atlantic RSA 
Program was published on January 2, 2009 (74 FR 72). For analysis of 
impacts for each TAL alternative, the maximum potential RSA amount of 3 
percent of the TAL was used. Consistent with the allocation of the 
maximum bluefish RSA amount, the proposed commercial quota for 2010 
would be adjusted to 10.051 million lb (4,559 mt), and the proposed 
2010 RHL would be adjusted to 18.355 million lb (8,326 mt). This 
proposed rule does not represent NOAA's approval of any RSA-related 
grant award, which will be included in a subsequent action.

Proposed Recreational Possession Limit

    The Council recommends, and NMFS proposes, to maintain the current 
recreational possession limit of up to 15 fish per person to achieve 
the RHL.

Proposed State Commercial Allocations

    The proposed State commercial allocations for the recommended 2010 
commercial quota are shown in Table 1, based on the percentages 
specified in the FMP. These quotas do not reflect any adjustments for 
quota overages that may have occurred in some States in 2009. Any 
potential deductions for States that exceeded their quota in 2009 will 
be accounted for in the final rule.

[[Page 10452]]



                    Table 1--Proposed Bluefish Commercial State-by-State Allocations for 2010
                                           [Including RSA deductions]
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                                                                              2010  Council-     2010  Council-
                                                                                 proposed           proposed
                         State                             Percent share     commercial quota   commercial quota
                                                                                   (lb)               (kg)
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ME.....................................................             0.6685             67,192             30,478
NH.....................................................             0.4145             41,662             18,898
MA.....................................................             6.7167            675,105            306,222
RI.....................................................             6.8081            684,292            310,390
CT.....................................................             1.2663            127,278             57,732
NY.....................................................            10.3851          1,043,821            473,469
NJ.....................................................            14.8162          1,489,197            675,488
DE.....................................................             1.8782            188,781             85,629
MD.....................................................             3.0018            301,715            136,856
VA.....................................................            11.8795          1,194,025            541,601
NC.....................................................            32.0608          3,222,476          1,461,691
SC.....................................................             0.0352              3,538              1,605
GA.....................................................             0.0095                955                433
FL.....................................................            10.0597          1,011,115            458,634
                                                        --------------------------------------------------------
    Total..............................................           100.0001         10,051,150          4,559,125
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Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the Atlantic Bluefish FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This action is exempt from review under E.O. 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this preamble and in the SUMMARY. A summary of the 
analysis follows. A copy of this analysis is available from the Council 
(see ADDRESSES).
    The total gross revenue for the individual vessels that would be 
directly regulated by this action is less than $4.0 million for 
commercial fishing and $6.5 million for recreational fishing 
activities. All vessels that would be impacted by this proposed 
rulemaking are therefore considered to be small entities and, thus, 
there would be no disproportionate impacts between large and small 
entities as a result of the proposed rule. The categories of small 
entities likely to be affected by this action include commercial and 
charter/party vessel owners holding an active Federal permit for 
Atlantic bluefish, as well as owners of vessels that fish for Atlantic 
bluefish in State waters.
    The Council estimates that the proposed 2010 specifications could 
affect approximately 2,217 commercial vessels that actively 
participated (landed 1 lb (0.45 kg) or more) in the Atlantic bluefish 
fishery in 2008 (the last year for which there is complete data). The 
participants in the commercial sector were defined using two sets of 
data. First, the Northeast dealer reports were used to identify any 
vessel that reported bluefish landings during calendar year 2008. These 
dealer reports identified 624 vessels that landed bluefish in States 
from Maine to North Carolina. However, this database does not provide 
information about fishery participation in South Carolina, Georgia, or 
Florida. South Atlantic Trip Ticket reports were used to identify 908 
vessels \1\ that landed bluefish in North Carolina and 685 vessels that 
landed bluefish on Florida's east coast. Bluefish landings in South 
Carolina and Georgia were near zero in 2008, representing a negligible 
proportion of the total bluefish landings along the Atlantic Coast. In 
recent years, approximately 2,063 party/charter vessels may have been 
active in the bluefish fishery and/or have caught bluefish.
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    \1\ Some of these vessels were also identified in the Northeast 
dealer data; therefore, double counting is possible.
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    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action. In addition, 
NMFS is not aware of any relevant Federal rules that may duplicate, 
overlap, or conflict with this proposed rule.
    The IRFA in the Draft EA analyzed three TAL alternatives (including 
a no action/status quo alternative) for 2010 Atlantic bluefish fishery. 
All quota alternatives considered are based on various commercial 
harvest levels for bluefish (a low, medium, and high level of harvest). 
The Council approved a transfer of 5.387 million lb (2,444 mt) from the 
recreational sector to the commercial sector. For analysis of impacts 
of each TAL alternative, the maximum potential RSA quota of 3 percent 
of the TAL was used. Alternative 1 (Council's preferred) would 
implement a TAL of 29.264 million lb (13,274 mt). Alternative 2 would 
implement a TAL of 33.563 million lb (15,224 mt). Alternative 3, the no 
action alternative, is considered to be synonymous with status quo 
management measures for 2010 since failure to specify any management 
measures (no action) would be in gross violation of the Magnuson-
Stevens Act. Under Alternative 3, the TAL would be the same as the 2009 
TAL, or 29.356 million lb (13,316 mt).
    The proposed 2010 Atlantic bluefish specification alternatives for 
TAL are shown in Table 2, along with the resulting commercial quota and 
RHL after the applicable transfer described earlier in the preamble and 
after deduction of the RSA quota. Alternative 1 (Council's preferred) 
would allocate 10.051 million lb (4,559 mt) to the commercial sector 
and 18.335 million lb (8,317 mt) to the recreational sector. 
Alternative 2 would result in the least restrictive commercial quota 
and would allocate 10.185 million lb (4,620 mt) to the commercial 
sector and 22.371 million lb (10,147 mt) to the recreational

[[Page 10453]]

sector. Alternative 3 (status quo) would allocate 9.533 million lb 
(4,324 mt) to the commercial sector and 18.942 million lb (8,592 mt) to 
the recreational sector. The commercial quota and RHL under Alternative 
3 would be slightly different than those in 2009 due to differences in 
the RSA.

     Table 2--Proposed 2010 Atlantic Bluefish Specification Alternatives for TAL, Commercial Quota, and RHL
                                                  [Million lb].
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                                            TAL            Commercial quota                   RHL
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Alternative 1....................  29.264 (13,274 mt)..  10.051 (4,559 mt)...  18.335 (8,317 mt).
Alternative 2....................  33.563 (15,224 mt)..  10.185 (4,620 mt)...  22.371 (10,147 mt).
Alternative 3....................  29.356 (13,316 mt)..  9.533 (4,324 mt)....  18.942 (8,592 mt).
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    Under Alternatives 1, 2, and 3, the 2010 allowable commercial 
landings are 68, 70, and 60 percent higher than the 2008 commercial 
landings, respectively. While most States show similar directional 
changes in fishing opportunities as the overall change in fishing 
opportunity in 2010 compared to 2008 landings, New York shows a 
reduction in fishing opportunity under all three alternatives compared 
to 2008 commercial landings. New York had a bluefish quota overage for 
fishing year 2008 in the amount of 34,149 lb (15,490 kg). Because of 
this overage in 2008, New York shows a reduction in bluefish landings 
in 2010 for each alternative.
    Under Alternative 1, the recommended commercial quota is 
approximately 4 percent higher than the 2009 commercial quota. Based on 
available data, approximately 32 percent of the TAL was not harvested 
during the 2009 fishing year. Only one State, New York, fully harvested 
its initial bluefish quota and received allocation transfers from other 
States in 2009. Five additional States--Massachusetts, Rhode Island, 
Connecticut, New Jersey, and North Carolina--harvested more than 50 
percent of their bluefish quotas, while the remaining States only 
harvested between 0 and 40 percent of their allocations. Given these 
recent trends in landings, it is unlikely that the proposed TAL will be 
fully harvested in 2010, resulting in no overall coastwide economic 
impacts on the bluefish fishery. The economic impacts of the preferred 
alternative are therefore likely to be neutral or positive relative to 
the status quo and other alternatives. For States that did not harvest 
their quotas in 2009, the proposed 2010 quotas are also not expected to 
result in any detrimental impacts. For States that exceeded their 
initial quota allocations in 2009, but received quota transfers from 
other States, the apparent economic losses would likely be mitigated by 
quota transfers during 2010, therefore resulting in no overall impacts.
    To assess the impact of the alternatives on commercial fisheries, 
the Council conducted a threshold analysis and analysis of potential 
changes in ex-vessel gross revenue that would result from each 
alternative using Northeast dealer reports and South Atlantic Trip 
Ticket reports. The analysis projected that there would be no revenue 
change for 493 vessels, while 124 vessels could incur slight revenue 
losses of less than 5 percent. Approximately 9 vessels could incur 
revenue losses of more than 5 percent. The majority of these vessels 
have home ports in New York. Of the 9 vessels that may experience 
revenue losses of more than 5 percent, 56 percent had gross sales of 
$1,000 or less, and 89 percent had gross sales of $10,000 or less, 
indicating that dependence on income from fishing for some of these 
vessels is very small. The analysis of Alternative 1 on commercial 
vessels in the South Atlantic concluded that there would be no loss of 
revenue for vessels that land bluefish in North Carolina or Florida.
    The analysis of Alternative 2, which includes a 5-percent increase 
in the commercial quota from 2009, concluded that there would be no 
revenue change for 493 vessels, while 126 vessels could incur slight 
revenue losses of less than 5 percent. Approximately 7 vessels could 
incur revenue losses of between 5 percent and 19 percent. Most of the 
vessels projected to incur revenue losses of greater than 5 percent had 
home ports in New York. The analysis of impacts of Alternative 2 on 
commercial vessels in the South Atlantic concluded that no revenue 
reduction would be expected for vessels that land bluefish in North 
Carolina or Florida.
    The analysis of Alternative 3 concluded that there would be no 
change in revenue for 493 vessels, while 121 vessels could incur slight 
revenue losses of less than 5 percent. Approximately 12 vessels could 
incur revenue losses of between 5 percent and 29 percent. The analysis 
of impacts of Alternative 3 on commercial vessels in the South Atlantic 
concluded that no revenue reduction would be expected for vessels that 
land bluefish in North Carolina or Florida.
    For Alternative 1, the recommended RHL for the recreational sector 
(18.335 million lb, 8,317 mt) is approximately 3 percent below the 
recreational landings for 2008 and projected 2010 landings (18.9 
million lb, 8,573 mt) and 6 percent below the RHL implemented for 2009 
(19.528 million lb, 8,858 mt). There is very little empirical evidence 
regarding the sensitivity of charter/party anglers to regulation. If 
the proposed measures discourages trip-taking behavior among some of 
the affected anglers, the demand for party/charter boat trips may be 
slightly negatively impacted. If the proposed measures do not have a 
negative impact on the value or satisfaction the affected anglers 
derive from their fishing trips, party/charter revenues would remain 
unaffected. The IRFA analyzed the maximum transfer amount from the 
recreational sector to the commercial sector, but future updates of 
recreational harvest projections could result in a different transfer 
amount.
    Analysis of Alternative 2 on the recreational sector concluded that 
the RHL for 2010 would be 18 percent above recreational landings in 
2008 and projected 2010 landings. Because the RHL would be above the 
projected recreational landings for 2010, Alternative 2 would not be 
expected to have negative effects on recreational fishermen or affect 
demand for party/charter boat trips.
    Analysis of the impacts of Alternative 3, which includes a RHL less 
than 1 percent above recreational landings in 2008 and projected 2010 
landings, would not be expected to have any negative effects on 
recreational fishermen or affect the demand for party/charter boat 
trips. Analysis of Alternative 3 concluded that this alternative would 
not be expected to affect angler satisfaction and would be expected to 
result in recreational landings close to the RHL.
    The IRFA also analyzed the impacts on revenues of the maximum RSA 
amount (3 percent of the TAL) and found that the social and economic 
impacts are minimal. Assuming that the

[[Page 10454]]

full RSA quota of 878,000 lb (398 mt) is landed and sold to support the 
proposed research project (a supplemental finfish survey in the Mid-
Atlantic), then all of the participants in the fishery would benefit 
from the anticipated improvements in the data underlying the stock 
assessments. Because the recommended overall commercial quota is higher 
than 2008 landings, no overall negative impacts are expected in the 
commercial sector. Based on recent trends in the recreational fishery, 
recreational landings will more than likely remain below the 
recommended harvest level in 2009.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: March 1, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-4681 Filed 3-5-10; 8:45 am]
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