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Virginia: Menhaden quota bill pulled in Va. House of Delegates

March 7, 2018 — A much-lobbied bill about an oily fish that nobody eats died in the House of Delegates — but with a promise by some proponents and stern opponents to work together to push for permission to catch more.

The bill, backed by the Northam Administration, was an effort to deal with the Atlantic States Marine Fisheries Commission’s sharp, 41.5 percent cut in a Chesapeake Bay quota for menhaden.

But the administration and Omega Protein, the owner of the Reedville plant that processes menhaden from the bay, agreed to stop fighting over the bill and work together to convince the Marine Fisheries Commission to increase the quota.

The regional commission last year approved a more than 36,000-metric-ton cut in bay quota for menhaden caught by drawing huge “seine” nets around schools of the fish and then hauling them up onto so-called “purse seine” fishing vessels.

Currently, the old marine fisheries commission quota of 87,216 metric tons for fish caught is written into state law.

Knight had proposed removing the reference in state law to the 87,216 tons and empowering the head of the Virginia Marine Resources Commission to set a new quota after appealing, and hopefully winning, an increased quota from the regional body.

Virginia Secretary of Natural Resources Matt Strickler had argued that keeping the old quota in the Code of Virginia risked sanctions that could include an outright ban on menhaden fishing in the bay.

Environmental groups — including the Chesapeake Bay Foundation, League of Conservation Voters and Nature Conservancy, as well as sports fishermen — argued that the lower quota was necessary as a precautionary measure. They fear too many young menhaden are caught in the bay, a key nursery area for the migratory fish. This could put the menhaden population at risk, as well other species, including striped bass and ospreys.

Read the full story at the Daily Press

 

Virginia: Will Lawmakers Agree to Menhaden Catch Limits?

February 21, 2018 — A battle over menhaden is underway in the Virginia General Assembly right now.

The oily, stinky fish makes up the biggest commercial fishery by volume on the Atlantic Coast, and more than 70 percent of its harvest is caught in Virginia waters. Menhaden also play a key role in the Chesapeake Bay’s food chain, as prey for sea birds, and bigger fish like rockfish.

The menhaden fishery is the only one regulated by the legislature, instead of the Virginia Marine Resources Commission or the Department of Game and Inland Fisheries. Thus, lawmakers must rewrite current menhaden catch limits in order to stay in compliance with the newest fishery management plan.

The plan, drawn up by the Atlantic States Marine Fisheries Commission (ASMFC) in November, increases the allowable catch for the entire menhaden fishery, but decreases Virginia’s Chesapeake Bay harvest cap to 51,000 metric tons, which is rounded up from the previous five-year average .  Read more about the new management plan here.

The bill first introduced in Virginia’s General Assembly this winter got stuck in committee, but Virginia State Delegate Barry Knight has introduced a new bill on behalf of Virginia Governor Ralph Northam, to comply with the ASMFC plan.

In a letter to Delegate Danny Marshall (R-Danville), the Chairman of the House Committee on Agriculture, Chesapeake and Natural Resources, Governor Northam writes, “Increases in stock abundance and relinquishment of quota from other states to Virginia have resulted in an increase of more than 4 million pounds of menhaden for the Commonwealth. Delegate Knight’s new bill reflects that, and does no harm to the menhaden industry.”

If the plan isn’t implemented, Virginia could fall out of compliance with the Interstate Fishery Management Plan, and the state could face a moratorium on all menhaden fishing.

Read the full story at Chesapeake Bay Magazine 

 

ASMFC Atlantic Striped Bass Board approves Option B

February 21, 2018 — On Feb. 7, the Atlantic Striped Bass Management Board of the Atlantic States Marine Fisheries Commission met to approve Option B in Maryland’s Conservation Equivalency Proposal for the summer/fall recreational striped bass fishery in the Chesapeake Bay.

The motion passed unanimously with one abstention.

The ASMFC acknowledges for stock assessment purposes that the mortality rate of fish that are released after being caught is about 9 percent, but many fishermen and scientists contend that the number is much higher in the summer months when hot temperatures affect survival.

At a fishing symposium I attended this past November, one Department of Natural Resources official said that while the accepted mortality rate is 9 out of every 100 released rockfish, the number could be as high as 30.

“We don’t really know,” said Mike Luisi, Estuarine and Marine Fisheries Division manager for DNR.

Both the Technical Committee and Law Enforcement Committee of the ASMFC did not endorse the mandatory use of circle hooks, but with pressure from stakeholders, the Advisory Panel decided that “the conservation benefits” outweigh any concerns and Maryland will be instituting the mandatory use of circle hooks with non-artificial bait and lures.

Back in 1999, Maryland’s DNR performed a study comparing the mortality of rockfish caught on conventional hooks versus circle hooks. The results are hard to argue with.

When air temperatures were below 95 degrees Fahrenheit, 0.8 percent of rockfish caught on non-offset circle hooks died compared to 9.1 percent of rockfish caught on standard J hooks.

Additionally, the minimum size for keepers will be reduced to 19 inches from May 16 to Dec. 15.

Read the full story at the Calvert Recorder

 

Virginia: A big, but cautious bay role for the General Assembly

January 26, 2018 — Issues involving crabs, oysters and fish sometimes need to age a bit in Virginia’s General Assembly, even though the unusually large role in fisheries management it has assumed makes the questions seem familiar.

So, as the couple of dozen aging holders of crab scrape licenses struggle harder to make ends meet dragging softshell crabs from bay eelgrasses, Eastern Shore Del. Rob Bloxom’s notion of letting them keep any hard-shell crabs they haul from the bottom won a nod this week from the House Agriculture, Natural Resources and Chesapeake Bay Committee.

And, though nobody necessarily wants to admit it, the idea that those watermen, mainly based on Tangier Island, are getting older may have been a factor in why Bloxom let slide his first pass at the issue, which also would have allowed them to run bigger scrapes. You have to haul them up by hand, after all.

A newer notion about crabs — that the Virginia Institute of Marine Sciences has found a way to help them escape from abandoned pots — had less luck this week, though.

State Sen. Monty Mason, D-Williamsburg, has been talking enthusiastically for months about VIMS’ research on biodegradable panels for crab pots. The idea is to keep the thousands of ghost pots dotting the bottom of the bay from trapping so many crabs, which die there because they can’t escape.

“They’re basically competing with watermen,” Mason told his fellow senators. A few years back, a $4.2 million effort to scoop up the abandoned pots netted nearly 35,000, which trapped an estimated 3 million crabs a year, Mason said later.

“When one of those drop, it is harvesting and fishing till the end of time,” Mason said. The cost to watermen in terms of crabs not caught and crabs not reproducing amounts to millions of dollars a year.

But neither the watermen, who flooded senators with phone calls opposing the measure, nor most of the Senate itself were convinced.

At $1.50 a panel, times two, times installing them twice a year, times several hundred pots, Mason’s proposal to require two biodegradable panels on all crab pots by 2020 would pose a significant financial burden on watermen, said state Sen. Bill DeSteph, R-Virginia Beach.

State Sen. Lynwood Lewis, D-Accomack, said the first tests of the new panels were limited and produced only mixed results.

Mason said he’s going to keep trying to make the economic case. He’s already talked to Secretary of Natural Resources Matthew J. Strickler about reviving a ghost pot recovery effort, and plans to ask the Virginia Marine Resources Commission to push for more testing of the panels.

Read the full story at the Daily Press

Chesapeake crab caper results in felony charges

January 23, 2018 — More than three years after federal fish fraud investigators were tipped off that a Virginian seafood company was selling foreign crabmeat labeled as more expensive domestic crabmeat, federal prosecutors filed felony charges against Casey’s Seafood owner, James R. Casey, 74, of Poquoson, Va.

At the time of the tip in 2014, The Baltimore Sun had begun following special agents tracking crab fraud among other kinds of seafood fraud.

The Sun found that, despite increased concerns about such fraud, the number of enforcement cases brought by the National Oceanic and Atmospheric Agency had plummeted after the agency began cutting the “special agents” who investigate fish fraud in 2010.

As the world’s seafood resources decline, substituting other species of seafood for rarer and more expensive ones has become a lucrative business as well as a growing concern for governments and health officials.

Jack Brooks, co-owner of J.M. Clayton Seafood in Cambridge, described how easy it is to commit fraud with crabmeat in a 2014 letter he wrote to the federal task force establishing the new rules to mitigate seafood fraud. It happens, he wrote, when “unscrupulous domestic companies, seeing a quick and profitable opportunity” simply put imported crabmeat into a domestic container.

Brooks, who processes crab, added that there is “no or very limited enforcement” of such fraud, which can net businesses an extra $4 to $9 per pound. That leaves domestic competitors with higher costs and puts seafood-related jobs in jeopardy.

During their investigation, NOAA agents sent eight containers of Casey’s Seafood crabmeat bought at stores in Delaware and Virginia to a laboratory in College Park for DNA testing. The results confirmed the tip: seven of the eight Casey’s containers labeled as “Product of the USA” contained swimming crab found only outside U.S. waters, according to court documents.

Read the full story at the Baltimore Sun

 

Chesapeake Bay sees ‘near-record high’ water quality

December 18, 2017 — EASTON, Md. — Water quality in the Chesapeake Bay has reached a near-record high, according to estimates announced Thursday, Dec. 14, by the Chesapeake Bay Program.

According to preliminary data from the U.S. Geological Survey, almost 40 percent of the Bay and its tidal tributaries met clean water standards for clarity, oxygen and algae growth between 2014 and 2016, which represents a 2 percent increase from the previous assessment period, according to the Chesapeake Bay Program.

Scientists are reasoning it is due in large part to a rise in dissolved oxygen in the deep channel of the Bay.

“The improving trends in water quality standards attainment follow similar trends in other indicators that we track. The acreage of underwater grasses has increased to more than 50 percent of its goal,” Chesapeake Bay Program Director Nick DiPasquale said.

“In addition, we are seeing an increase in the diversity of grass species and the density of grass beds. We also are witnessing improvements in several fisheries, including blue crabs, oysters and rockfish,” DiPasquale said. “While these improving trends are encouraging, we must ramp up our efforts to implement pollution control measures to ensure progress toward 100 percent of the water quality standards is achieved throughout the Bay and its tidal waters.”

Read the full story at the Star Democrat

Gloucester Times: Leave striped bass management to the experts

December 6, 2017 — The return to health of the striped bass has been one of the great conservation success stories of recent decades. On the brink of extinction in the 1970s and 1980s, the popular sport fish was brought back to health by sound management.

Lawmakers would be wise to leave that management to the experts and not back a renewed push to manage the fishery through legislation.

The Legislature’s Committee on the Environment, Natural Resources and Agriculture heard testimony on two such proposals last week.

One, from former state Sen. James Timilty, a Walpole Democrat, would limit commercial access to fishermen who can prove they have caught and sold 1,000 pounds of striper a year for the past five years.

And a plan by state Rep. Thomas Stanley, D-Waltham, would completely end commercial fishing for striped bass by 2025.

Read the full editorial at the Gloucester Times 

 

Menhaden catch limit raised along Atlantic coast, slashed in Bay

November 20, 2017 — East Coast fishery managers plan to increase the coastwide menhaden catch by 8 percent next year, while slashing the amount that can be harvested from the Chesapeake Bay.

But despite heavy pressure from environmental groups, the Atlantic States Marine Fisheries Commission balked at a proposal that would have required fishery managers to take into account the ecological role of the small, oily fish when setting future harvest levels.

By the end of their two-day meeting in mid-November, commissioners had succeeded in disappointing and pleasing environmentalists and industry officials alike — typically not at the same time — while setting up another big debate two years from now over how to account for the role menhaden play as a food source for other species.

In a statement after the meeting, Robert Ballou, of the Rhode Island Department of Environmental Management and chair of the ASMFC Menhaden Board, acknowledged that many people were left disappointed by the decisions that will guide harvests for the next two years. But he said the commission’s actions demonstrated a “commitment to manage the menhaden resource in a way that balances menhaden’s ecological role with the needs of its stakeholders.”

It was the latest round in a decades-long struggle over how to manage the catch of Atlantic menhaden, a fish almost never eaten by humans that is an important food for a host of marine species. By weight, menhaden make up the largest catch in both the Chesapeake and along the East Coast, but by nearly all accounts their abundance is increasing, especially in New England. In fact, the ASMFC’s science advisers indicated that the current coastal catch limit of 200,000 metric tons could be increased by more than 50 percent with little chance of overfishing the species.

But conservation groups have long argued that such assessments do not fully account for the importance of menhaden as a food source for marine mammals, many birds, and a host of other fish, such as striped bass.

It is part of a larger, long-running debate between conservation groups and the fishing industry over how to treat forage fish, which include menhaden, anchovies and other small species that provide a critical link in the aquatic food chain by converting plankton into nourishment for larger predators.

Historically, conservationists contend that forage species have received less attention — and protection from overfishing — than the larger predators, such as striped bass. Prior to the meeting near Baltimore, conservationists had gathered a record-setting 157,599 comments urging the ASMFC to adopt new harvest guidelines, or reference points, that would take the ecological role of the fish into account when setting catch limits. If adopted, the guidelines would almost certainly have required a reduction in the current coastwide menhaden catch.

But critics — which included ASMFC’s own scientific advisers, as well as the commercial menhaden industry — said the reference points under consideration were based on studies of other species in other places and may not be applicable to menhaden.

Ultimately, the commission — a panel of state fishery managers that regulates catches of migratory fish along the coast — voted 13–5 to delay the adoption of ecological reference points until a panel of scientists it has assembled can make its own ecological recommendations, tailored specifically to menhaden. Those recommendations are not expected to be ready until 2019.

Dozens of activists attended the meeting, many holding bright yellow signs that said, “Little Fish Big Deal,” “Keep it Forage” or “Conserve Menhaden.” Many were surprised not only to be defeated after the huge volume of comments — more than 99 percent in favor of ecological reference points — but also by the lopsided vote.

Read the full story at the Bay Journal

 

VIRGINIA: Endangered sturgeon’s return to James River could be hurdle for industry

Dominion seeking federal permit to ‘take’ protected fish after dead ones found in power plant’s water intake

November 17, 2017 — In the James River south of Richmond, endangered Atlantic sturgeon have become so common that observant spring and fall boaters are nearly guaranteed to see one breach. It’s hard to miss — a 6– or 7-foot fish exploding out of the water, as if shot from a cannon, wiggling for a split second in midair, then belly-flopping back into the river with a theatrical splash.

Long-lived and enormous — in its 60-year lifespan it can grow to 14 feet and weigh as much as 800 pounds — the Atlantic sturgeon was harvested to the brink of extinction in the late 1800s. But after a century of marginal existence, this prehistoric-looking fish, with its flat snout and rows of bony plates covering its back, is staging a steady but still fragile comeback in the Chesapeake Bay.

The sturgeon’s increased presence could complicate matters for industrial facilities that draw water from that same stretch of river. In one case, it already has.

After finding two dead sturgeon larvae and one adult in its water intake system in the fall of 2015, Dominion Virginia Power’s Chesterfield Power Station began seeking an “incidental take” permit from the National Marine Fisheries Service, which would allow the company to continue operating despite a potential impact to the endangered fish. In its application for the permit, Dominion estimated that up to 846 sturgeon larvae and maybe two adult fish per year could be trapped or killed in the intakes over the next decade.

The fisheries service, part of the National Oceanic and Atmospheric Administration, will determine in the coming months whether to grant Dominion’s Chesterfield plant a federal permit under an Endangered Species Act provision that allows private entities to “take” a given number of an endangered or threatened species in the process of conducting otherwise lawful operations.

Read the full story at the Bay Journal

Watermen Happy for Small Win over Menhaden Regulation

November 17, 2017 — CAMBRIDGE, Md. — It’s a small fish that’s making a big splash. It’s called menhaden.

In a two day meeting, the Atlantic Marine Fisheries Committee voted to keep menhaden regulations the same for commercial fishers.

With a vote to keep the status quo of how much they’ll be fished, watermen say it’s a win.

“Any time they dont take, it’s a win. We’ll take a small win instead of a big loss any time,” said Burl Lewis from Hooper’s Island.

Lewis says he’s one of the few remaining watermen who still fish for menhaden.

Over the years, he says he’s struggled to follow federal menhaden fishing regulations. He say they’re regulations that really hurt.

“It hurts us in the long run because now our market is really cut back because some of the bigger holders ended up icith our customers,” Lewis said.

Read the full story at WBOC

 

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