June 30, 2010

The Honorable Ralph S. Northam

Virginia State Senate District 6                                  

Post Office Box 9636                                              

Norfolk, Virginia 23505 

The Honorable Richard H. Stuart 

Virginia State Senate District 28  

Post Office Box 1146 

Montross, Virginia 22520                                          

Dear Senators Northam and Stuart:

Independently, each of our organizations were approached by your staff a few weeks ago to join an informal working group to discuss menhaden management in the Commonwealth of Virginia.  While on its face this seems like a worthwhile endeavor, the publicly released details about the nature of the proposed group have resulted in a great deal of concern on our part regarding the agenda and deliberations of this “working group”.

As we read article after article reporting that “Virginia has formed a brand new study panel to take a hard look into the menhaden fishery,” we could not avoid feeling that we had been misled, either intentionally or inadvertently. We were told and agreed to participate in what was described as “an informal working group,” yet what has been described and reported is anything but.

Also, we have been made aware that a few groups who were originally listed as participants in the working group, have since opted out of participating. Given all of this new information, we have discussed the virtues of participating as a member of this proposed group with our individual members and with the leadership within our organization. This has led us to regrettably inform you that we have decided not to participate in these meetings.

There are several factors that have led us to this decision.

One issue is the implication that this group has been established under the guidance of (and given the authority of) the General Assembly. The idea that whatever conclusion may be reached is the will of the General Assembly is certainly misleading. In fact, several legislators who have a long history of monitoring and regulating the menhaden fishery were not even contacted to join this group.

For over twenty years, the House and Senate committees and subcommittees looking at this issue have developed a level of expertise on the issue. However, it seems that members of the relevant committees have been cut out of this process.  We do not think by-passing the legislature is the best way to engage.

Further, the publicly released format of the working group is troubling and differs significantly from what was proposed to us. As represented to us, we would have a chance to engage in dialogue with the special interest groups that have for years worked to end menhaden operations in Virginia, as well as dialogue with groups that had endorsed the historic 2006 accord which provided a cap on menhaden fishing in the Chesapeake Bay.  However, it has now been announced that this will take the shape of regional meetings designed to stir up emotions without regard to science. The design of these meetings seems to be intended to provide a platform for opponents of the menhaden industry, and not to have a constructive dialogue. The fact that there is implied government sanction makes this all the more troubling.

We do not feel alone in this concern. According to Delegate Albert Pollard in an email to members of your group last week, “I further felt I had been betrayed because a ‘low key’ group by its very definition is not publicized in two of the state’s leading newspapers.”

Another questionable point is your decision to schedule meetings in locations convenient to a number of special interest groups who have actively worked to shut down the industry, yet ignore Reedville. Reedville serves as one of America's largest ports by volume, and is home to the very menhaden fishery being debated. Hundreds of families are employed in the fishing industry there, yet the closest meeting that your group proposed to Reedville is over an hour away. This would be akin to organizing an effort to look into studying the future of shipbuilding in Virginia and holding the meeting in Petersburg, while ignoring Newport News.

The pattern seems to be that this ad hoc group has not been planned out and has not been represented consistently and fully to all parties. It appears designed to fail in doing anything but stirring up emotions and organizing special interests against the fishing industry, the jobs it provides and fly in the face of science and on-going regulation by the Atlantic States Marine Fisheries Commission.

We have a strong record of open communication with groups who have beliefs that are sometimes contrary to ours. This is not the issue. Our concern deals with trust. We cannot help but feel misled. The format to which we agreed seems to have changed once it was announced publicly.

We would hope that legislators and interest groups would look at recent research that has been conducted.  Notably the Virginia Institute of Marine Sciences (VIMS) study that states that menhaden do not improve water quality in the Chesapeake Bay and the Atlantic States Marine Fisheries Commission (ASMFC) stock assessment that found that menhaden are not overfished, nor is overfishing occurring. Also from the ASMFC stock assessment, the external review panel concluded that any “sub-regional assessment would be meaningless from a biological point of view.” In other words, there is no such thing as a Chesapeake Bay stock of menhaden.

We are still willing to meet with you on an individual basis. We are not closed to the idea of meeting with groups willing, in an above-board manner, to discuss the science behind fishery management.  However, we view the process that has been announced as being ineffective for fruitful discussions of fishery management. We trust that you can appreciate our viewpoint.

Regards,

Ben Landry

Director of Public Affairs, Omega Protein

(225) 383-2326 – phone

King Salim Khalfani

Executive Director, Virginia Chapter of NAACP

(804) 321-5678 – phone

Ken Smith

President, Virginia State Waterman’s Association

(804) 366-2325 – phone

Jimmy Kellum

Virginia Bait Association

(804) 761-0673 - phone

CC:       Senator Mary Margaret Whipple

            Senator John Miller

            Delegate Watkins M. Abbitt Jt.

            Delegate Albert Pollard

            Delegate Matthew James

            Delegate Barry Knight

            Delegate John Cosgrove