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Menhaden battle once again pits Virginia against Northern states

September 25, 2017 — HEATHSVILLE, Va. — Five years ago, the Atlantic States Marine Fisheries Commission cut the menhaden harvest by 20 percent, forcing the largest employer in the rural tip of the Northern Neck, Omega Protein, to lay off workers and decommission a ship.

The tiny fish is sold by fishermen as bait to catch blue crabs and commercially rendered for its oil and byproducts at Omega’s Reedville plant. Environmentalists and anglers say it’s critical to the diet of other Chesapeake Bay and Atlantic species such as osprey, striped bass and dolphin. At the time, commissioners said menhaden was at the point of being depleted.

Since then, ASMFC, which manages fisheries from Maine to Florida, changed its method of assessment and says stocks are now healthy. It began easing catch limits to where the quota is now only about 6 percent short of the 212,000 metric tons it once was.

Omega, which catches a half-billion fish each year, replaced two of its seven ships this year with larger, more efficient ships and rehired some of its employees.

But the company sees a new problem.

Monty Deihl, vice president of Omega’s operations, calls it “a fish grab” by other ASMFC member states, specifically northern states where more menhaden have been showing up.

“The stock is very healthy, the quota could be raised, but no one wants to raise the quota because Virginia will get 85 percent of whatever is raised,” he told a crowd of mostly employees and their families at an ASMFC public hearing last week. “You should be offended at the way all the other stuff was done to try to get a piece of what you all put your time and careers in to build.”

Read the full story at the Free Lance-Star

Atlantic Menhaden Catch Limits May Get Overhaul

September 18, 2017 — A major overhaul could be coming in how menhaden are managed along the East Coast — one that might, for the first time, try to account for the ecological role of the small and oily fish.

The Atlantic States Marine Fisheries Commission (ASMFC), which oversees migratory fish along the coast, is preparing to update its menhaden management plan this fall. It’s looking to revisit how the catch is distributed among states and fisheries and may adjust the catch limit for the Chesapeake. Public hearings on potential changes are scheduled for September, with written comments accepted through Oct. 20.

It should be noted that a July ruling by the U. S. Commerce Department has thrown into doubt the ASMFC’s authority in regulating fisheries. The federal ruling allowed New Jersey, one of the 15 states regulated by (and represented on) the ASMFC, to reject the commission’s harvest restrictions on Atlantic flounder, which has been declining since 2000. It’s the first time since the commission was authorized by Congress in 1993 to adopt and enforce coastwide harvest restrictions that a state has been allowed to ignore the commission’s harvest regulations. Fisheries managers are concerned that other states might follow suit if pressure from fishing interests is great enough.

Regarding menhaden, people generally don’t eat the small, oily fish, yet it has been the focus of heated debates in recent years over how many should be caught. By weight, menhaden are the largest catch in the Bay, primarily because Reedville, VA — home port of Omega Protein’s “reduction” fishing fleet — is where the fish are reduced (processed) into vitamin supplements, fish meal and other products.

Read the full story at Chesapeake Bay Magazine

Overhaul being weighed in Atlantic coast menhaden management

Commission seeks comments on catch limits and distribution of catch among fisheries

August 29, 2017 — A major overhaul could be coming in how menhaden are managed along the East Coast — one that might, for the first time, try to account for the ecological role of the small and oily fish.

The Atlantic States Marine Fisheries Commission, which oversees migratory fish along the coast, is preparing to update its menhaden management plan this fall. It’s looking to revisit how the catch is distributed among states and fisheries and may adjust the catch limit for the Chesapeake.

Public hearings on potential changes are scheduled for September, with written comments accepted through Oct. 20.

People generally don’t eat menhaden, yet the fish has been the focus of heated debates in recent years over how many should be caught. By weight, menhaden are the largest catch in the Bay, primarily because Reedville, VA — home port of Omega Protein’s “reduction” fishing fleet — is where the fish are reduced or processed into vitamin supplements, fish meal and other products.

The Omega fleet’s menhaden harvest accounts for about 75 percent of the coastwide catch, with the rest taken by small, but growing, operations that sell the fish as bait for recreational and commercial use.

Read the full story at the Bay Journal

ASMFC Atlantic Menhaden Management Board to Meet November 13th & 14th to Consider Approval of Amendment 3 and Set 2018 Specifications

August 24, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission: 

The Atlantic States Marine Fisheries Commission’s Atlantic Menhaden Management Board will meet November 13-14, 2017 to consider approval of Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden and set specifications for the 2018 fishing season. The meeting, which is scheduled to begin at 1 PM on the 13th and end at 5 PM on the 14th, will take place at BWI Marriot, 1743 West Nursery Road, Linthicum, Maryland.

Draft Amendment 3, which is currently out for public comment, seeks to manage the menhaden resource in a way that balances menhaden’s ecological role as a prey species with the needs of all user groups. To this end, the Draft Amendment considers the use of ecosystem reference points (ERPs) to manage the resource and changes to the allocation method. In addition, it presents a suite of management options for quota transfers, quota rollovers, incidental catch, the episodic events set aside program, and the Chesapeake Bay reduction fishery cap.

Specifications for the 2018 fishery will occur following Board approval of the Amendment. The Commission’s Business Session will meet immediately following the conclusion of the Atlantic Menhaden Board meeting to consider final approval of the Amendment.

The meeting will be live-streamed via webinar; the details of which will be released at a later date. For more information, please contact Megan Ware, Fishery Management Plan Coordinator, at mware@asmfc.org or 703.842.0740.   

Dolphins in Chesapeake Bay: Unusual, or No Big Deal?

August 18, 2017 — Earlier this summer, we started hearing reports of dolphins in the Chesapeake Bay. Some thought it was unusual, others said it was no big deal. So Joel McCord went searching for them for Chesapeake: A Journalism Collaborative.

Dr. Helen Bailey, who did her PhD work on bottle nose dolphins, says she heard reports of occasional sightings of the marine mammals when she came to work as an associate professor at the University of Maryland’s Center for Environmental Science in Solomons.

But then the underwater microphones the lab was experimenting with began picking up the tell-tale squeaks and clicks of dolphins foraging in the Chesapeake and its tributaries. Now, the scientists are finding out the dolphins are pretty regular visitors to the bay.

“We were discovering that we were actually detecting dolphins quite frequently during June, July and August,” she said. “And so then put another hydrophone in the Potomac River and there we were detecting dolphins every day.”

She says they’ve been detected throughout the bay and many of its tributaries. But what drew them into the Bay?

“We think that they’re following the prey into the bay,” Bailey says. “And getting a better understanding of how that is working is really important to understanding the eco system.”

Read and listen to the full story at WVTF

Sturgeon get a double boost in the Chesapeake Bay

August 17, 2017 — The endangered Atlantic sturgeon just got a double boost in Virginia as NOAA awarded federal funds to continue restoration efforts here and also designated the Chesapeake Bay “critical habitat” for the species.

The National Oceanic and Atmospheric Administration is giving the Virginia Department of Game and Inland Fisheries $378,666 for fiscal year 2018 to locate and characterize key sturgeon habitat within the bay’s river systems.

The award follows nearly $357,000 in FY2016 and more than $365,000 in FY2017 in what’s known as species recovery grants for Atlantic sturgeon.

And it’s part of $5.8 million in grants just awarded for endangered or threatened species in the greater Atlantic, from shellfish to whales.

“Helping these species recover means bringing partners to the table to tackle critical conservation challenges at the local level,” said Donna Wieting, director of the NOAA Fisheries Office of Protected Resources, in a statement.

Read the full story at the Daily Press

NOAA Fisheries Designates Critical Habitat for Atlantic Sturgeon

August 16, 2017 — The following was released by NOAA Fisheries:

NOAA Fisheries today designated critical habitat for Atlantic sturgeon–an important step to ensuring their recovery.

The critical habitat designation will require federal agencies to consult NOAA Fisheries if they operate or fund activities that may affect designated critical habitat in more than 3,968 miles of important coastal river habitat from Maine to Florida. Atlantic sturgeon was listed under the Endangered Species Act in 2012 and is comprised of the threatened Gulf of Maine distinct population segment and the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic distinct population segments.

The ESA requires that NOAA Fisheries designate critical habitat when a species is listed as threatened or endangered. Under the ESA, critical habitat is defined as specific areas within the geographical areas that are occupied by the species, that contain physical or biological features essential to the conservation of that species, and that may require special management considerations.

The designation of critical habitat does not include any new restrictions or management measures for recreational or commercial fishing operations, nor does it create any preserves or refuges. Instead, when a federal agency funds, authorizes, or carries out activities that may affect critical habitat, it must work with NOAA Fisheries to avoid or minimize potential impacts to critical habitat. The activity of the federal agency may need to be modified to avoid destroying or adversely modifying the critical habitat.

“We look forward to working with our federal partners to reduce potential impacts to Atlantic sturgeon critical habitat,” said Samuel D. Rauch III, deputy assistant administrator for regulatory programs at NOAA Fisheries. “Our focus now will be on providing guidance to federal agencies to help them carry out their actions efficiently and effectively while minimizing impacts to habitat that is critical to these endangered and threatened populations of sturgeon.”

Atlantic sturgeon are anadromous and use coastal and estuarine waters throughout their lives, and travel to rivers to spawn or lay their eggs. Unlike some anadromous fish, sturgeon do not die after spawning and will return to spawn multiple times. They can grow up to 14 feet long, weigh up to 800 pounds, and live up to 60 years.

Historically, Atlantic sturgeon inhabited approximately 38 rivers in the United States spanning from Maine to Florida. Scientists identified 35 of those as spawning rivers. Atlantic sturgeon can now be found in approximately 32 of these rivers, and spawn in at least 20 of them. Critical habitat areas in coastal rivers were identified based on physical and biological features, such as soil type in the river bed, water temperature and salinity, and underwater vegetation, that are essential to the conservation of Atlantic sturgeon, particularly for spawning and development.

Atlantic sturgeon were harvested heavily in the twentieth century, particularly for their eggs (or roe) used for caviar. Overfishing led to a decline in abundance of Atlantic sturgeon, and in 1998 the Atlantic States Marine Fisheries Commission issued a coast-wide moratorium on the harvest of Atlantic sturgeon, and NOAA Fisheries followed with a similar moratorium in federal waters.

More information on the critical habitat designation is available in the Federal Register notice and on our website.

Request for Comments: Application for Incidental Take of Atlantic Sturgeon in the James River, Virginia.

August 15, 2017 — The following was released by NOAA Fisheries:

We recently received an application from Dominion for an Endangered Species Act Section 10(a)(1)(B) Incidental Take Permit for activities associated with their Chesterfield Power Station along the James River in Chesterfield, Virginia.

We are considering issuing a 10-year permit to the applicant that would authorize take of endangered Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) from the Chesapeake Bay Distinct Population Segment (DPS) incidental to the withdrawal of cooling water from the James River and sampling required by the Clean Water Act.

Dominion’s application for an Incidental Take Permit, their draft habitat conservation plan, and our draft environmental assessment are all available at Regulations.gov for public review and comment.

Comments are due on September 13, 2017.

ASMFC Atlantic Menhaden Board Approves Draft Amendment 3 for Public Comment

August 3, 2017 — ALEXANDRIA, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Menhaden Management Board approved Draft Amendment 3 to the Interstate Fishery Management Plan (FMP) for Atlantic Menhaden for public comment. The Draft Amendment seeks to manage the menhaden resource in a way that balances menhaden’s ecological role as a prey species with the needs of all user groups. To this end, the Draft Amendment considers the use of ecosystem reference points (ERPs) to manage the resource and changes to the allocation method. In addition, it presents a suite of management options for quota transfers, quota rollovers, incidental catch, the episodic events set aside program, and the Chesapeake Bay reduction fishery cap.

The 2015 Benchmark Stock Assessment Report identified the development of ERPs as a high priority for Atlantic menhaden management. Menhaden serve an important role in the marine ecosystem as prey for a variety of species including larger fish (e.g. weakfish, striped bass), birds (e.g. bald eagles, osprey), and marine mammals (e.g. humpback whales, bottlenose dolphins). As a result, changes in the abundance of menhaden may impact the abundance and diversity of predator populations, particularly if the availability of other prey is limited. ERPs provide a method to assess the status of menhaden within the broad ecosystem context. Draft Amendment 3 provides a variety of reference point options, including the continued development of menhaden-specific ERPs as well as the application of precautionary guidelines for forage fish species.

Draft Amendment 3 also considers changes to the allocation method given concerns that the current approach may not strike an appropriate balance between gear types and jurisdictions. Specifically, under the current allocation method, increases in the total allowable catch (TAC) result in limited benefits to small-scale fisheries, and to several states. Furthermore, the current method may not provide a balance between the present needs of the fishery and future growth opportunities. Draft Amendment 3 considers a range of allocation alternatives, including a dispositional quota (bait vs. reduction), fleet-capacity quota (quota divided by gear type), jurisdictional quota, including a fixed minimum quota for each state, and an allocation method based on the TAC. In addition, the document considers five allocation timeframes including 2009-2011, 2012-2016, 1985-2016, 1985-1995, and a weighted approached which considers both historic and recent landings.

It is anticipated the majority of states from Maine through Florida will be conducting public hearings on the Draft Amendment. The details of those hearings will be released in a subsequent press release. The Draft Amendment will be available on the Commission website, www.asmfc.org (under Public Input) by August 11th. Fishermen and other interested groups are encouraged to provide input on the Draft Amendment either by attending state public hearings or providing written comment. Public comment will be accepted until 5:00 PM (EST) on October 20, 2017 and should be forwarded to Megan Ware, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at comments@asmfc.org (Subject line: Draft Amendment 3). Organizations planning to release an action alert in response to Draft Amendment 3 should contact Megan Ware at (703)-842-0740.

Final action on the Amendment, as well as specification of the 2018 TAC, is scheduled to occur on November 14th at the BWI Airport Marriott, 1743 West Nursery Road, Linthicum, MD. For more information, please contact Megan Ware, Fishery Management Plan Coordinator, at mware@asmfc.org or 703.842.0740.

Opposition grows to seismic testing for offshore oil reserves

More state and local officials join scientists in voicing concerns about impacts on marine life

August 1, 2017 — Scientists are worried that an executive order issued by President Trump earlier this year that seeks to open large portions of the mid-Atlantic and other coastal areas to oil and gas exploration would harm the endangered North Atlantic right whale and other species that occasionally visit the Chesapeake Bay.

Trump’s order, issued April 28, would reverse a 2016 policy from the Obama administration that closed federal waters off portions of the Atlantic, Arctic and Pacific coasts and the Gulf of Mexico to drilling as part of the administration’s effort to boost domestic energy production. The order also instructed federal agencies to streamline the permitting process to speed approval of seismic testing to locate oil and gas reserves in those areas.

But the action is increasingly unpopular with many elected officials along the East Coast. In July, Maryland Gov. Larry Hogan publically stated his opposition to any further offshore exploration. And the attorneys general from nine East Coast jurisdictions — including those from Maryland, Pennsylvania, the District of Columbia and Delaware — submitted comments opposing additional surveys.

“The proposed seismic tests are themselves disruptive and harmful,” Maryland Attorney General Brian Frosh said in a statement. “Worse, they are the precursors to offshore drilling that would put the Chesapeake Bay at risk to drilling-related contamination. That contamination would have catastrophic impacts on fragile ecosystems and important economies. This is a foolish gamble with our precious natural resources.”

Gov. Terry McAuliffe of Virginia is the lone Southeastern governor supporting marine oil exploration, saying he “never had a problem” with seismic testing. While 127 municipalities have passed resolutions against the tests, only five are in Virginia.

Read the full story at the Bay Journal

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