March 5, 2019 — Virginia will not face penalties for failing to formally adopt new catch limits on Atlantic menhaden — as long as harvests stay within limits established by East Coast fishery managers.
The decision by the Atlantic States Marine Fisheries Commission in February headed off a potential legal showdown as to whether it had scientific justification for slashing the commercial menhaden harvest in the Bay in 2017, even as it raised catch limits along most of the coast.
Since then, the Virginia General Assembly has twice failed to adopt the commission’s mandated annual Bay cap of 51,000 metric tons.
Failure to adopt the limit put the state out of compliance with the commission’s regulations. As a result, the ASMFC could ask the U.S. Department of Commerce to impose a moratorium on all menhaden harvests in Virginia. Twice last year the ASMFC considered, but delayed, such an action.
Steven Bowman, who heads the Virginia Marine Resources Commission, said his agency monitored 2018 harvests both through catch records and aerial surveillance and would continue to do so. “The cap was not exceeded,” he said. “It did not come close to being exceeded.”