Comment from Pam Lynam

On December23,2009, I recieved a permit holder letter with the ACL for GOM winter flounder. It was 348,330lbs. It was further divided by sector, common pool and state. GARM3 was unagle to determine the status of this stock. There has never been a rebuilding plan for this stock under Amendment 13. This stock has never been listed as a stock of concern. In fact, GARM2 stated that GOM winter flounder was not overfished and overfishing was not occuring. Data indicates stock biomass increase from 99-04.Your best available scientific data for determining ACL for this stock is based on dealer reports for 3 years-2005, 2006 and 2007. Dealer reports are not scientific data. Dealer reports report landings. They in no way prove stock biomass. They may only be used as an economic assessment. Concern has also been expressed that the landings were lower for these years. Perhaps the lower landings are due to DAS implementation, then DAS reductions, DAS turning into A,B and C days, 2:1 differential DAS counting and rolling closures. There are also missing landings with boats under appeal. I appealed over 500,000 lbs of GOM winter flounder. The 2005 GARM for GB winter flounder stated "stock abundance indices began to decline in 2002 as landings began to increase". Shouldn't then the reverse be true for GOM winter flounder? Lower landings would indicate a higher stock abundance. Not really scientific data, is it? Having an ACL this low on this stock will have a devestating economic impact on the inshore fisheries. Inshore sectors may close down on discards alone. Common pool vessels who were allocated roughly 26 mt won't be fishing in 2011 because they will be so far over allocation. One boat alone in the common pool can land 26 mt in 3 months. Perhaps the landing data isn't quite correct. ACL for GOM winter flounder should be at least that of GOM yellowtail flounder, a stock of concern for years, classified as overfished which has an ACL of 1,717,401.