Omega Protein’s Menhaden Fishery Passes MSC Assessment; Public Comment Period Initiated

December 4, 2018 — SEAFOOD NEWS — The US purse seine menhaden fishery operated by Omega protein has been recommended for MSC certification by SAI Global.

Today the assessment body released its draft report for public comment. Scores for the three principal areas were quite high.

The MSC system is based on the target fishery achieving a score of 80 or above in a range of criteria, organized under 3 principles: health and sustainability of target species; the status of the ecosystem and the environmental impact of fishing, and the management system in place.

Scores are averaged, and a fishery must exceed a score of 80 in each of the three main areas to be recommended for certification.

The menhaden fishery was scored at 82.5 on the target species health; at 87.4 on the ecosystem health, and at 92.2 on the management system in place.

Within these areas there were three specific issues that scored below 80, which will become conditions that need to be addressed in the five year plan for improvement following a successful certification.

The three issues identified by SAI Global as conditions are first, that Omega Protein must provide evidence of a harvest strategy that is designed to take into consideration the role of menhaden as a forage fish in the overall Northwest Atlantic ecosystem, meaning that if ecosystem impacts are identified, there must be a mechanism to reflect those impacts in the harvest strategy.

The second issue is that the client must implement a harvest control rule that ensures the exploitation rate is kept below a level where serious ecosystem impacts could occur, and the client will be expected to keep the stock fluctuating around a target level consistent with ecosystem needs.

The third condition is that every five years there must be a review of alternate measures related to bycatch. The certifier recommends that more work be done on bycatch in the fishery.

The overall conclusion is to strongly recommend certification. Under the MSC process, stakeholders have the right to lodge objections or suggest changes to the report. Normally these types of suggestions are negotiated between the parties, and if no agreement can be reached, a stake holder may appeal the certification decision to a review board.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.

SAI Global recommends MSC certify the Atlantic menhaden fishery

December 4, 2018 — SAI Global, one of the leading certification bodies for the Marine Stewardship Council, announced on 4 December that it’s recommending the Atlantic menhaden fishery be certified as sustainable.

The recommendation is a key step in the fishery attaining MSC certification. Now, the certification will go to a 30-day public comment period.

Omega Protein, by far the largest fisher of menhaden, has been the company leading the drive for MSC certification.

The recommendation comes amid some rising controversy over the fishery as competing groups – such as recreational fishermen and whale-watchers – claim that the fishery has been negatively impacting the environment. One nonprofit, Gotham Whale, has developed a petition directly targeting Omega Protein called the “Gotham Whale Action Plan.”

The petition calls for the Omega Protein fleet to be forced to fish 20 miles from New York or New Jersey. Currently, the vessels legally fish outside the three-mile limit.

Gotham Whale’s issue with the fishery largely relates to menhaden’s role as food for humpback whales in the region surrounding New York Harbor near New York City.

“Gotham Whale has been documenting humpback feeding in this area since 2011 and we would like it to continue,” the organization’s petition states. “We are also appealing to the owners of Omega Protein to further persuade them to leave the bunker for the whales.”

The conflict has already gained some attention from media. A New York Times article interviewed several recreational fishing and sightseeing boat captains, many of which claimed that the large Omega Protein boats were causing problems.

“We have a major issue with a fishing fleet coming in and taking all the food from the whales,” Tom Paladino, a whale watching boat captain, told the Times.

Omega Protein has also butted heads with the Atlantic States Marine Fisheries Commission after the management organization put Virginia on notice for not implementing a reduced menhaden catch limit for Chesapeake Bay. While the overall limit for menhaden was raised for the 2018 and 2019 seasons to 216,000 metric tons (MT), the Chesapeake Bay limit – where Omega Protein does a lot of its fishing – was set for just 51,000 MT.

Chesapeake Bay’s quota was previously 87,216 MT. While the state of Virginia’s total quota was 170,000 MT, that represented little to no increase, something that didn’t add up for Omega Protein.

“We feel that it’s targeting one company, which is what this provision applies to Omega,” Ben Landry, Omega Protein’s director of public affairs, told SeafoodSource in May, noting that there are no caps for the bait fishery. “It’s not in accordance with the best available science. It’s not necessary for the conservation of the species because it’s not overfished.”

Read the full story at Seafood Source

MSC grants more time to menhaden fishery audit, but might not be needed

November 20, 2018 — The Marine Stewardship Council has granted auditors an extra three months – until March 6 — to finish their final report on whether to grant certification to the menhaden fishery on the Atlantic coast of the United States.

However, Ben Landry, public affairs specialist for Houston, Texas-based Omega Protein, the US’ largest harvester of menhaden and a division of the Cooke group of seafood companies, said he doesn’t think the extra cushion will be needed as the audit is expected to be wrapped up within weeks.

By certifying both the menhaden fisheries on the Atlantic coast and in the Gulf of Mexico, MSC looks to bolster its presence in the US significantly. Combined, the two fisheries account for nearly 800,000 metric ton of fish — about 11% of all of the wild-caught fish in the US – second only to the already MSC-certified Alaskan pollock fishery, responsible for 1.5 billion metric tons, or 30%, based on data from the National Oceanic and Atmospheric Administration (NOAA).

According to assessment reports by third-party assessors and NOAA data, roughly 70% of US landings by volume have been certified by MSC, including Alaskan pollock, and another 16% are currently under review, including the two menhaden fisheries, an MSC official told Undercurrent.

The menhaden fisheries are also North America’s largest source of fish for meal and oil, providing Blacks Harbour, New Brunswick, Canada-based Cooke with a large source of omega-3-enriched feed for its considerable salmon aquaculture operations. Cooke completed its acquisition of Omega Protein almost exactly one year ago.

Read the full story at Undercurrent News

ASMFC 77th Annual Meeting Revised Preliminary Agenda

September 28, 2018 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s 77^th Annual Meeting will be held October 21-25, 2018 at The Roosevelt Hotel, Madison Avenue. The room block is now closed. Please notify Cindy Robertson (crobertson@asmfc.org or 703.842.0740) if you need assistance reserving a room.

Please note: The preliminary agenda has been revised with the following changes: (1) meeting times have changed on Monday, October 22 for the American Lobster Board, Atlantic Herring Section, and the American Eel Board; and (2) the Atlantic Menhaden Board, previously scheduled for October 23^rd, and the Shad and River Herring Board, previously scheduled for October 25^th, have both been cancelled. Meeting times on those days have shifted to reflect those cancellations. The revised agenda is attached and follows below.

All meetings throughout the week are open to the public, free of charge. However, if you are planning on attending any of the meeting events (Sunday and Monday Receptions, Tuesday Dinner, or Wednesday Hart Award Luncheon), please register as soon as possible; simply fill-in and submit the registration form to Lisa Hartman at lhartman@asmfc.org. Events are filling up quickly and we cannot guarantee you space unless you register. The meeting registration fee is $200/per participant and $150/per spouse or guest if you register by October 15, 2018. After October 15^th and in New York the fees will be $225 and $175, respectively. The registration fee will be used to defray the cost of the Sunday and Monday night receptions, the Tuesday night dinner, and the Wednesday Hart Award Luncheon, as well as event materials. Payment is not required until you arrive at the meeting; however, we ask that you please assist us in planning for the meeting by registering as soon as possible.

If you are driving to the meeting, we strongly encourage you to park in New Jersey at the Port Imperial/Weehawken Terminal and take a short ferry to Midtown Manhattan since parking in NYC is exorbitant. Directions are attached and can also be found here.

The final agenda and meeting materials will be available on October 10^th on the Commission website at http://www.asmfc.org/home/2018-annual-meeting.

ASMFC 77^th Annual Meeting:

October 21 – 25, 2018

The Roosevelt Hotel
Madison Avenue @ 45th Street
New York, NY

Revised Preliminary Agenda

The agenda is subject to change. Bulleted items represent the anticipated major issues to be discussed or acted upon at the meeting. The final agenda will include additional items and may revise the bulleted items provided below. The agenda reflects the current estimate of time required for scheduled Board meetings. The Commission may adjust this agenda in accordance with the actual duration of Board meetings. Interested parties should anticipate Boards starting earlier or later than indicated herein.

Sunday, October 21

6:00 – 8:00 p.m. Hosts’ Reception

Monday, October 22

8:30 a.m. – 12:30 p.m. American Lobster Management Board:

Review of the NOAA Fisheries Technical Memo on Right Whale Status and Recovery
Report on the October 2018 Atlantic Large Whale Take Reduction Team Meeting
Review American Lobster Addendum XXVII Timeline
Discuss Protocols to Evaluate Bait Sources
Progress Update from the American Lobster Electronic Tracking and Reporting Subcommittees
Consider Approval of 2018 Fishery Management Plan Reviews and State Compliance Reports for American Lobster and Jonah Crab

12:30 – 1:30 p.m. Lunch (On Your Own)

1:30 – 3:30 p.m. Atlantic Herring Section:

Review 2018 Atlantic Herring Benchmark Assessment Peer Review Report
Review and Consider Approval of Benchmark Stock Assessment and Peer Review Report for Management Use
Review and Discuss White Paper on Atlantic Herring Spawning Protections
Update on 2019-2021 Fishery Specifications Process
Set 2019 Specifications for Area 1A
Review and Populate Atlantic Herring Advisory Panel

3:45 – 4:45 p.m. American Eel Management Board:

Presentation on Convention on International Trade in Endangered Species Workshop and Discuss Next Steps
Consider Approval of 2018 Fishery Management Plan Review and State Compliance Reports

6:30 – 8:00 p.m. Welcome Reception

Tuesday, October 23

8:00 – 10:15 a.m. Strategic Planning Workshop

10:15 – 11:15 a.m. Business Session:

Review and Consider Approval of the 2019 Action Plan
Elect Chair and Vice-Chair

11:30 a.m. – 12:30 p.m. Coastal Sharks Management Board:

Review and Consider Addendum V for Final Approval
Review Proposed 2019 Coastal Sharks Fishery Specifications
Consider Approval of 2018 Fishery Management Plan Review and State Compliance Reports

12:30 – 1:30 p.m. Lunch (On Your Own)

12:30 – 5:00 p.m. Law Enforcement Committee:

(A portion of this meeting may be a closed session for Committee members only)

Review 2018 Action Plan and New Tasks for 2019
Progress Report on Enforcement of the Offshore American Lobster Fishery
Update on American Eel Addendum V and State Aquaculture Proposals
Review Federal Transit Zone Proposal for Striped Bass in Block Island Sound
Review Transit Zone Proposal for Summer Flounder, Scup, and Black Sea Bass
Review Tautog Commercial Tagging Program
Review ASMFC Managed Species
Review Ongoing Enforcement Issues (Closed Session)
Federal and State Agency Reports

1:30 – 2:30 p.m. Spiny Dogfish Management Board:

Review 2018 Stock Assessment Update
Set Spiny Dogfish 2019-2021 Fishery Specifications
Discuss Adjustments to Federal Commercial Trip Limit
Consider Approval of 2018 Fishery Management Plan Review and State Compliance Reports

2:45 – 4:00 p.m. Atlantic Striped Bass Management Board:

Review Advanced Notice of Proposed Rulemaking Regarding Lifting the Ban on Atlantic Striped Bass Fishing in the Federal Block Island Sound Transit Zone
Update on North Carolina Cooperative Winter Tagging Program
Progress Update on the Benchmark Stock Assessment

6:15 – 9:00 p.m. Annual Dinner

Wednesday, October 24

8:00 – 10:00 a.m. Executive Committee: (A portion of this meeting may be a closed session for Committee members and Commissioners only)

Consider Approval of FY18 Audit
Discuss Priorities for Use of Plus-up Funding
Consider Changes to the Appeals Process
Appointment of Aquaculture Committee
Report from the Awards Committee

8:30 a.m. – Noon Law Enforcement Committee (continued):

10:15 – 11:00 a.m. Weakfish Management Board:

Review Technical Committee Report on Commercial Discards
Consider Approval of 2018 Fishery Management Plan Review and State Compliance Reports
Elect Vice-Chair

11:15 a.m. – 12:15 p.m. Horseshoe Crab Management Board:

Set 2019 Delaware Bay Horseshoe Crab Fishery Specifications
Progress Update on the Horseshoe Crab Benchmark Stock Assessment
Consider Approval of 2018 Fishery Management Plan Review and State Compliance Reports
Elect Vice-Chair

12:15 – 1:30 p.m. Captain David H. Hart Award Luncheon

1:30 – 3:30 p.m. Summer Flounder, Scup, and Black Sea Bass Management Board:

Consider Approval of Draft Addendum XXXII (2019 Black Sea Bass and Summer Flounder Recreational Management) for Public Comment
Progress Update on Black Sea Bass Commercial Working Group

3:45 – 4:45 p.m. Atlantic Coastal Cooperative Statistics Program (ACCSP) Coordinating Council:

Program/Committee Updates
Progress Report on SAFIS Redesign
Consider Recommendations of FY2019 Submitted Proposals
Clarify Funding Decision Process
Discuss Formation of Data Reporting Committee on Data Accountability

Thursday, October 25

8:00 – 9:00 a.m. Tautog Management Board:

Progress Update on Development of the Commercial Harvest Tagging Program
Technical Committee Report on Biological Sampling Requirements
Consider Approval of 2018 Fishery Management Plan Review and State Compliance Reports

9:15 – 11:00 a.m. Interstate Fisheries Management Program Policy Board:

Update from the Executive Committee
Progress Update on Risk and Uncertainty Workgroup
Review Recommendations of the October 2019 Atlantic LargeWhale Take Reduction Team Meeting and Possible Impact to Commission Species
Review and Consider Approval of the Stock Assessment Schedule
Update on the Northeast Area Monitoring and Assessment Program
Standing Committee Reports

o Atlantic Coastal Fish Habitat Partnership

o Law Enforcement Committee

Consider Noncompliance Recommendations (If Necessary)

11:00 – 11:15 a.m. Business Session (continued):

Review Noncompliance Findings (If Necessary)

11:30 a.m. – 1:00 p.m. South Atlantic State/Federal Fisheries Management Board:

Review Public Comment Summary for Cobia Draft Amendment 1 Public Information Document
Provide Guidance to the Cobia Plan Development Team on Options for Inclusion in Draft Amendment 1
Consider Approval of 2018 Fishery Management Plan Reviews and State Compliance Reports for Black Drum, Spotted Seatrout, and Spanish Mackerel

Public Comment Guidelines

With the intent of developing policies in the Commission’s procedures for public participation that result in a fair opportunity for public input, the ISFMP Policy Board has approved the following guidelines for use at management board meetings:

For issues that are not on the agenda, management boards will continue to provide opportunity to the public to bring matters of concern to the board’s attention at the start of each board meeting. Board chairs will use a speaker sign-up list in deciding how to allocate the available time on the agenda (typically 10 minutes) to the number of people who want to speak.

For topics that are on the agenda, but have not gone out for public comment, board chairs will provide limited opportunity for comment, taking into account the time allotted on the agenda for the topic. Chairs will have flexibility in deciding how to allocate comment opportunities; this could include hearing one comment in favor and one in opposition until the chair is satisfied further comment will not provide additional insight to the board.

For agenda action items that have already gone out for public comment, it is the Policy Board’s intent to end the occasional practice of allowing extensive and lengthy public comments. Currently, board chairs have the discretion to decide what public comment to allow in these circumstances.

In addition, the following timeline has been established for the submission of written comment for issues for which the Commission has NOT established a specific public comment period (i.e., in response to proposed management action).

1. Comments received 3 weeks prior to the start of a meeting week will be included in the briefing materials.

2. Comments received by 5:00 PM on Tuesday, October 16, 2018 will be distributed electronically to Commissioners/Board members prior to the meeting and a limited number of copies will be provided at the meeting.

3. Following Tuesday, October 16, 2018 5:00 PM deadline, the commenter will be responsible for distributing the information to the management board prior to the board meeting or providing enough copies for the management board consideration at the meeting (a minimum of 50 copies).

The submitted comments must clearly indicate the commenter’s expectation from the ASMFC staff regarding distribution. As with other public comment, it will be accepted via mail, fax, and email.

New York’s Whales Love Bunker. So Do Fishing Boats. Conflict Ensues.

September 13, 2018 –It has been a bountiful summer for bunker in the waters off New York, and for local whale spotters. Bunker, a favorite food of many larger predators, including whales, are enjoying another year in a decade-long recovery.

But [Paul] Sieswerda, the founder of Gotham Whale, a research nonprofit that provides commentary during whale cruises, sees a shadow on the horizon far bigger than a whale. Industrial-scale fishing boats from a fish processor in Virginia called Omega Protein have ventured a bit farther north than their usual range this summer.

On Aug. 30, a boat from Omega Protein lowered a net nearly six city blocks long into the water, about 25 miles southeast of the Rockaways, and pulled up about 800,000 pounds of bunker, also known as menhaden. On Sept. 6, Omega returned to the vicinity and hauled out nearly 2 million pounds more.

The catches, in federal waters outside the three-mile state line, are perfectly legal. Omega, which grinds and refines the oily, bony fish into pet food and fish-oil capsules and employs 125 fishermen, is authorized to harvest about 500 million menhaden (or about 340 million pounds) this year — over 70 percent of the total menhaden catch, according to quotas set by regulators.

That does not mean they are welcome.

Tom Paladino, a former charter fishing boat captain who started running whale watches from the American Princess in 2010 as local whale sightings began to grow, did not mince words. “We have a major issue with a fishing fleet coming in and taking all the food from the whales,” he told his passengers.

Omega says it is doing nothing of the sort and is removing only a tiny fraction of the local menhaden that its spotter pilots have estimated to be in the tens of millions. “The best science shows that this is a completely sustainable fishery and the whale diet is not being impacted at all,” said an Omega spokesman, Ben Landry.

Omega’s fishermen are not the only ones after local menhaden. Bait fishermen who sell menhaden to the shellfishing trade and also sometimes use purse seine nets can catch three million pounds this year in New York State waters, where Omega doesn’t fish. A bill stalled in the State Legislature would prohibit purse seining of menhaden in New York.

The regional management body for the waters in question, the Atlantic States Marine Fisheries Commission, which has been gradually increasing the allowable catch for menhaden for five years, does not see an issue. This year’s 476-million-pound cap on the Atlantic menhaden catch “has zero percent chance of subjecting the resource to overfishing or causing it to be overfished,” said Toni Kerns, director of the commission’s Interstate Fisheries Management Program.

At the local level, the New York State Department of Environmental Conservation is not concerned, either. “There’s not been any alarm bells about them coming up here,” James Gilmore, the director of D.E.C.’s marine resources division, said of the Omega Protein boats.

Read the full story at the New York Times

VIRGINIA: A fishy tale

August 9, 2018 — Where else to look for a fish tale about politics than Shad Plank, eh?

Consider, then a casual comment from the Atlantic States Marine Fisheries Commission’s menhaden board discussion this week.

You know, one of Rhode Island’s commissioners mused, as the board wrapped up discussion about whether or not to start down the road of shutting down Virginia’s menhaden fishery, Atlantic herring could come into play here.

Well, if that isn’t enough to make you sit up in your seat. It did for Shad Plank, anyway.

Here’s why. The commission groups 15 states from Maine to Florida to manage onshore fisheries (within three miles of the shore), making sure nobody’s taking too many fishies from sea.

Some species do better than others, and sometimes they do better in some parts of the coast than others. And while nobody on the commission wants to drive any species into oblivion, many find it hard not to think about their fishermen — commercial and recreational — and their desire to harvest the sea’s bounty.

Last year, the commission cut its cap on the catch of menhaden from Chesapeake Bay by more than 40 percent. Not complying with this cap — and the General Assembly declined to enact it into law — could lead the commission to say we’re out of compliance and then ask the federal government to do something about it.

Read the full story at the Daily Press

VIRGINIA: Menhaden landings pacing below disputed cap

August 8, 2018 — Chesapeake Bay landings of menhaden are coming in at a pace well below a controversial cap imposed by an interstate fisheries commission, Virginia Marine Resources Commissioner Steven Bowman said.

As of the end of June, landings for the so-called reduction fishery came in at 24,000 metric tons, Bowman told the management board of the Atlantic States Marine Fisheries Commission (ASMFC) this week.

He said that meant landings this year would almost certainly come in below the 51,000-ton cap the interstate commission imposed last year — a cut of more than 40 percent that the General Assembly balked at adopting.

Bowman, joined by Maryland’s director of fisheries, asked the board to hold off declaring that Virginia was not in compliance with the cap because the General Assembly had not written the 51,000-ton limit into state law.

That finding, if adopted by the commission and accepted by U.S. Secretary of Commerce Wilbur Ross, could shut down the menhaden fishery, which employs about 300 people working on Omega Protein’s fishing boats and its processing plant in Reedville, on the Northern Neck. While the cap applies only to menhaden caught by the big “purse seine” vessels Omega operates to catch fish to be processed for oil and fish meal, board members said a finding of noncompliance could shut down the bait fishery, in which smaller operators use a different technique to catch fish used by crabbers and in commercial fin-fisheries

Instead, Bowman and Blazer proposed that the commission find Virginia out of compliance if landings this year actually exceeded 51,000 tons.

That effort failed, but the board decided to delay until February acting on an alternative declaring Virginia out of compliance.

Omega spokesman Ben Landry said he believed the menhaden board’s decision to delay acting reflected commissioners’ new-found concern, underlined by NOAA’s Lynch, about the scientific basis for the cap.

“We have no intention of blowing past the 51,000,” he said. “But it’s an artificial number … our concern is flexibility; if there are storms out in the ocean, we’d like to be able to come into the bay.”

Read the full story at the Daily Press

ASMFC: April/May 2018 issue of Fisheries Focus Now Available

June 1, 2018 — The following was released by the Atlantic States Marine Fisheries Commission:

The April/May 2018 issue of Fisheries Focus is now available at http://www.asmfc.org/uploads/file/5b103db7FishFocusAprilMay2018.pdf.

Upcoming Meetings

page 2

From the Executive
Director’s Desk

Black Sea Bass: Seeking Solutions through Compromise

page 3

Species Profile

Atlantic Sturgeon

page 4

Fishery Management Actions

Atlantic Menhaden

Black Drum

Black Sea Bass

page 6

Science Highlight

ASMFC Habitat Committee Revisits 20-Year Policy on Submerged Aquatic Vegetation

page 7

On the Legislative Front

page 8

Comings & Goings

page 9

Proposed Management Action

American Eel

page 11

In the News: Maine’s Elver Fishery Shuts Down

page 11

ACCSP Update

FY19 Proposals Due June 11

ACCSP Releases 2017 Annual Report

page 13

Employees of the Quarter Named

page 14

Virginia at odds with fisheries commission over cap for menhaden caught in Bay

May 31, 2018 — The Atlantic States Marine Fisheries Commission warned Virginia in May that the state could soon face action for failing to adopt new menhaden harvest limits established late last year — a process that could lead to a complete closing of its menhaden fishery.

Specifically, Virginia has not established a 51,000 metric ton harvest cap for menhaden caught within the Chesapeake Bay by the Omega Protein reduction fishery based in Reedville, VA.

Last fall, the ASMFC increased the allowable coastwide catch of menhaden by 8 percent, but changed how it was distributed among the coast, which slightly decreased the limit for Virginia. The state is able to make up for the reduced catch through a system that allows it to acquire unused allocations from other states. But as part of its action, the commission also lowered the cap on how much of the state’s total harvest could come out of the Bay.

The Bay cap only affects Omega’s reduction fishery, which catches large amounts of menhaden and “reduces” the fish into other products, such as fish oil supplements and animal feed. The Bay cap does not affect operations that catch menhaden for bait in other fisheries.

Read the full story at the Bay Journal

Omega Protein critical of ASMFC actions on Chesapeake menhaden

May 7, 2018 — A spokesman for Omega Protein said his company took exception to the statement released last week by the Atlantic States Marine Fisheries Commission that put Virginia on notice for not implementing a reduced catch limit for menhaden in Chesapeake Bay.

Ben Landry, Omega Protein’s director of public affairs, told SeafoodSource that the commission’s decision last November to reduce the Chesapeake Bay cap by more than 36,000 metric tons was “devoid of science.” The company processes menhaden at its Reedville, Virginia facility, which sits on the western shore of the bay.

“We feel that it’s targeting one company, which is what this provision applies to Omega,” said Landry, noting that there are no caps for the bait fishery. “It’s not in accordance with the best available science. It’s not necessary for the conservation of the species because it’s not overfished.”

Across the ASMFC’s jurisdiction, the Atlantic Menhaden Management Board raised the total allowable catch to 216,000 metric tons for the 2018 and 2019 seasons, representing an eight percent increase. However, the limit for Chesapeake Bay was set for just 51,000 metric tons.

Read the full story at Seafood Source