Saving Seafood

Big debate over tiny fish goes unresolved as Louisiana pogie legislation dies

June 16, 2021 — The effort to create a buffer between Louisiana’s coastline and huge menhaden ships fell flat in the 2021 legislative session, dying last week in a House-Senate conference committee.

Sponsored by Rep. Joseph Orgeron, R-Larose, House Bill 535 initially proposed a half-mile exclusion zone, with wider buffers around some barrier islands. Conservationists and recreational fishers backed the bill, arguing it would provide fragile fish nursery grounds in nearshore habitats more protection from the industry’s 1,500-foot-long nets. Menhaden industry representatives said trawling a half mile farther from the coast could cut their revenue by 20% if captains couldn’t make up that catch elsewhere.

The Senate amended the buffer to an industry-supported quarter mile. Orgeron and the House rejected that June 8, throwing the bill into a conference committee to resolve differences between the two chambers, but the legislative session ended two days later without a report from the committee.

Ben Landry, Omega Protein’s director of public affairs, thinks additional regulation isn’t “biologically necessary,” and that it places undue burden on an industry already navigating natural burdens such as tropical storms and hurricane.

“It’s easy for the environmental groups to say, ‘They can go fish somewhere else.’ That’s really not the case,” Landry said. “User conflicts are inherent, and we try our best to minimize those, but a blanket coastwide ban is not something that we thought … was scientifically supportable.”

Read the full story at NOLA.com

Recreational fishers want Louisiana’s biggest commercial fishery to back off nearshore waters

June 7, 2021 — A small silver fish was the topic of a nearly three hour discussion among fishers, environmental advocates and lawmakers at the Louisiana Capitol this week. At issue was House Bill 535, which would not allow menhaden fishing within a quarter mile of Louisiana’s shore.

Menhaden, also called pogies, are small bait fish caught in the Gulf of Mexico to be sold as animal feed, fish oil and bait. It’s the largest commercial fishery in the state by volume. More than 1.1 billion pounds of menhaden were netted in Gulf waters in 2019, according to the National Oceanic and Atmospheric Administration.

But recreational fishers say that the boats used to catch the fish are coming too close to shore, and red drum and speckled trout are getting caught in their nets. Rep. Joseph Orgeron (R-Larose) introduced the bill at a Louisiana Senate Committee on Natural Resources meeting Wednesday. He said the legislation keeping menhaden fishers at least a quarter mile from shore was an attempt to compromise between pogie fishers, who want to continue to be able to fish closer to shore, and recreational fishers, who want to push the pogie boats a mile offshore.

Menhaden companies in Louisiana said that about 18% of the fish they catch are within a half mile of the coast. Orgeron’s bill initially proposed a buffer zone similar to Texas, but an amendment added to HB 535 during the committee hearing cut the buffer zone down from a half mile from shore to a quarter mile from shore. Still, companies said they would spend more time and money on fuel trying to catch fish further offshore.

The pogie industry has already shrunk because of economic difficulties, said Ben Landry, the director of public affairs for Omega Protein, one of three menhaden processors in the state. “It’s a little disingenuous to hear, ‘Well, they can just go someplace else and catch those fish, or it won’t hurt them,’” he said. Making up the 18% of catch caught in nearshore waters would be “awfully difficult,” he said.

While discussing the bill Orgeron said that a quarter mile buffer zone equates to 1,300 feet, about the distance from the state Capitol to the Mississippi River levee. Landry said that might seem like a small area. “But if I were looking for legislators this is where I’d go,” he said. “This is where menhaden are.”

Read the full story at the Louisiana Illuminator

Pogie ships would be forced farther from Louisiana coastline under bill OK’d by House

May 20, 2021 — After decades under lax regulation, the Louisiana House voted 67-28 Wednesday to require the state’s largest commercial fishery to cast its nets farther from the state’s fragile coastline.

Louisiana waters supplied 40% of the menhaden caught in 2019 across the United States, a catch worth tens of millions of dollars, according to National Oceanic and Atmospheric Administration data. In a given year, the industry’s 180-foot-long vessels and 1,500-foot-long nets ensnare 700 million to 1 billion pounds of the tiny, dart-like silver fish off the state’s shores.

But if House Bill 535 becomes law, Louisiana would forbid menhaden trawling within a half mile of shore, to reduce coastal erosion and limit damage to shallow nurseries of popular game fish species such as redfish and speckled trout. The bill now goes to the Senate. (Here’s how the House voted.)

Menhaden, also known as pogies or shad, are a keystone species in marine ecosystems, providing food for a wide range of larger fish and birds. When caught commercially, the oil-rich fish is ground up into animal feed, health supplements and fertilizers.

In negotiating the latest bill’s text, menhaden industry representatives stood firmly behind a quarter-mile exclusion zone, stating reports from recreational anglers were hyperbolic. Omega Proteins owns two of the three menhaden reduction plants on the Gulf Coast; Daybrook Fisheries owns the other. Louisiana hosts one in Abbeville and one in Empire.

Omega Proteins’ public affairs manager, Ben Landry, said a half-mile exclusion could cut into the industry’s bottom line as almost one fifth of menhaden harvest occurs within a half mile of the coast. That means some could lose jobs.

“I’m not saying some of that won’t be made up outside of that half mile,” Landry said. “But I can’t promise you that. Who’s family around here could face a 20% cut and then be told, ‘Oh, that’s not going to impact you.'”

Read the full story at NOLA.com

ASMFC could reallocate menhaden quota, industry pushes for equity

February 3, 2021 — The Atlantic States Marine Fisheries Commission (ASMFC) will likely look into how the U.S. Atlantic menhaden fishery allocates its quota in 2021.

The commission is considering reallocating the menhaden fishery this year based on Amendment 3. Implemented in 2018, the rule requires the Atlantic Menhaden Management Board to revisit its quota allocations every three years. A letter written by the MFC, which represents some of the largest players in the menhaden fishing industry, is asking the commission to take into account historic catch levels in its deliberations.

Read the full story at Seafood Source

Omega Protein anticipates few COVID-19 impacts to Virginia’s menhaden season

May 7, 2020 — Despite the ongoing COVID-19 pandemic’s widespread impact on the U.S. seafood industry, Reedville, Virginia-based Omega Protein is expecting to have relatively few impacts to the menhaden fishery.

Omega Protein, a division of Blacks Harbour, New Brunswick, Canada-based Cooke Inc., is by-far the largest fisher of menhaden in the U.S. – catching tens of thousands of tons of the species each year. Primarily used for reduction purposes, the species has avoided the economic hardships of premium seafood species, according to Ben Landry, director of public affairs for Omega Protein.

Read the full story at Seafood Source

Virginia will cut its Chesapeake menhaden catch limit under bill passed by state lawmakers

March 2, 2020 — All seven of Omega Protein’s big blue purse-seine boats will head out on the chase for menhaden as usual this spring, but legislation passed by both the House of Delegates and state Senate could mean some will be tied up in their Reedville dock in the late summer and fall.

The General Assembly agreed to give up its authority to set quotas for menhaden and turn the job over to the Virginia Marine Fisheries Commission after the federal government imposed a moratorium. The final vote came Thursday.

That freeze came after Omega exceeded the multi-state Atlantic States Marine Fisheries Commission’s cap on its Chesapeake Bay catch last year.

But federal officials postponed implementing the moratorium until June — that is, a little after the usual May start of the fishing season, when Omega’s fleet mostly operates in the ocean — in order to give the General Assembly time to overturn its quota and authorize the state commission to adopt the multi-state group’s cap.

“This year will be a trial run for us,” Omega spokesman Ben Landry said.

Read the full story at The Daily Press

Omega Protein: New York menhaden law a ‘feel good’ for environmentalists

April 26, 2019 — Omega Protein says it won’t be hurt by a new law that blocks it from fishing for menhaden in New York state waters in order to preserve the forage fish for whales and other wildlife because it never goes there.

Rather, it’s “feel-good legislation for the environmental community, but it will have zero impact on the company’s operations”, commented Ben Landry, director of public affairs for the Houston, Texas-based division of Canada’s Cooke, when called by Undercurrent News Tuesday for a response.

The legislation passed unanimously, 61-0, by New York’s Senate in February (companion bills S. 2317 and A. 2571) went into effect immediately upon being signed by Governor Andrew Cuomo on Thursday. The new law, which was sponsored by Democratic senator Todd Kaminsky and assembly member Steve Englebright, prohibits the taking of menhaden with the use of purse seine nets within three miles of the state’s coast.

Because menhaden are sensitive to oxygen levels in the water and can die off by the thousands when large schools become too confined in one area during hot weather, the law allows the state’s Department of Environmental Conservation (DEC) to issue a temporary order to allow purse seiners to reduce the population.

Read the full story at Undercurrent News

Omega Protein Applauds ASMFC Vote to Not Penalize Virginia for Failure to Adopt Chesapeake Bay Cap

February 8, 2019 — SEAFOOD NEWS — The Atlantic States Marine Fisheries Commission voted to indefinitely postpone a motion that would have found Virginia and its menhaden fishery out of compliance.

The issue of non-compliance stems from the fact that Virginia has not codified a reduced cap on Omega Protein’s menhaden harvest in the Chesapeake Bay, which was slashed by 41 percent in 2017. Omega Protein claims the Bay Cap is not scientifically derived, but rather is a political compromise and a precautionary measure adopted by the Commission. The lack of scientific evidence supporting the cap has been well documented, according to the company.

“Bluntly, we’ve outkicked our coverage with this particular action,” said ASMFC Commissioner Robert Boyles, head of South Carolina’s Marine Resources Division, during the meeting. “The law doesn’t support a non-compliance finding here. That is the hard and fast fact.”

The menhaden fishery is currently being managed sustainably. In its most recent stock assessment in 2017, the Commission found that menhaden is not overfished, nor is it experiencing overfishing. The stock is healthy enough that the Commission raised the coastwide quota each year from 2015 to 2017.

Declaring a healthy fishery non-compliant would have been unprecedented, as noted by NOAA attorney Chip Lynch at the Commission’s August 2018 meeting on menhaden. At that meeting, Mr. Lynch said a non-compliance recommendation would be “the first time ever…that the federal government would receive a non-compliance referral for a fishery that is not overfished and overfishing is not occurring. And there is record evidence from the leadership of the Commission that the measure is not related to conservation.”

“The Commission made the right decision today because the Bay Cap is not ‘necessary for the conservation of the fishery,’ as is required in a non-compliance finding,” said Ben Landry, Director of Public Affairs for Omega Protein. “The Commission’s decision to press pause on this motion signals their acknowledgement that the basis for the reduced Bay Cap was not going to meet federal standards.”

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