Comment from Gregory DiDomenico

Please accept these comments on behalf of the Garden State Seafood Association (GSSA); GSSA is comprised of commercial fishermen, shore-based processors, commercial dock facilities, seafood markets, restaurants, and various industry support businesses from New Jersey. GSSA supports the NMFS proposed rule that would modify the Mid-Atlantic Fishery Management Council’s risk policy regarding stocks without an overfishing limit. The intent of this proposed rule is to implement necessary changes through the development of Framework 6. We agree that this action will clearly define the MAFMC risk policy on overfishing and retain the integrity of the SSC while providing them the flexibility in setting a science based ABC. In addition it provides a limited opportunity where an ABC can be increased, without causing an overfishing situation. The application of this policy as it pertains to Atlantic butterfish is most relevant. The recognition that the SSC should be allowed to analyze and use all available scientific data when recommending ABCs in data poor situations, rather than constraining the SSC due to the fact that no OFL could be derived, is certainly not radical. Framework 6 establishes circumstances that a species would have to exhibit to qualify for an increase in ABC which are science based. These circumstances are; if best available science indicates that the stock biomass is stable or increasing and that the proposed increase will not result in overfishing. Furthermore the SSC must justify their decision by providing a description of why the increase is warranted, how they arrived at the increase and certify why overfishing will not occur. Under these strict requirements the SSC is limited in the amount of ABC increase. Specifically as this pertains to Atlantic butterfish, any increase would be very small relative to the actual increase in abundance that has occurred and the chance of overfishing is by all estimates is low and practically impossible.