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Supreme Court denies fishing case

March 13, 2025 — The Supreme Court has denied a hearing for a coalition of Maryland fishing associations and charter boat operators seeking to overturn new striped bass fishing restrictions. But for Captain Robert Newberry, chairman of the Delmarva Fisheries Association, the legal battle is far from over.

“It’s not good that we were denied the hearing in front of the Supreme Court, but this is far from over. We are in it to win it. We will be announcing our next move within a week,” Newberry said.

The coalition had filed an emergency petition with the Supreme Court to block the Atlantic States Marine Fisheries Commission’s new restrictions, arguing they imposed “drastic, unwarranted, and illegal limitations” on striped bass fishing in the Chesapeake Bay and along the Atlantic coast. The March 4 petition claimed the regulations violated the U.S. Constitution and threatened the livelihoods of small fishing businesses.

Read the full article at Southern Maryland News

VIRGINIA: Virginia lawmakers look to reduce restrictions on harvesting invasive blue catfish

February 6, 2025 — Lawmakers in the U.S. state of Virginia have introduced a bill to eliminate restrictions on harvesting of blue catfish, an invasive species that has devastated ecosystems in the Chesapeake Bay region.

Since their introduction to the Chesapeake Bay as a recreational fish in the late 1960s, predatory blue catfish have come to dominate waters in Virginia and neighboring Maryland.

Read the full article at SeafoodSource

Omega Protein lawsuit claiming foreign profits from Chesapeake Bay dismissed

January 13, 2025 — A federal judge has dismissed a lawsuit against Omega Protein and its fishing operation in the Chesapeake Bay Ocean Harvesters that claimed they were controlled by a foreign company.

The lawsuit was filed three years ago in the Southern District of New York, where a judge dismissed the claim earlier this month. It was filed under the False Claims Act, which permits people to sue on behalf of the federal government if they allege that the government is being defrauded. However the government opted not to participate in the lawsuit.

Cooke Seafood of New Brunswick, Canada purchased Omega in 2017. The lawsuit claimed that the owners of Omega and Ocean Harvesters were Canadian citizens and controlled the Bay operation.

Company spokesman Ben Landry said that was shown to be false in the more than 100 pages of documents filed as required during Cooke’s purchase transaction.

“The owners are U.S.-born. They’re Americans citizens, and it’s a U.S. company headquartered in Virginia, and so hopefully this puts that argument to bed,” Landry said. “They were born in southeast Georgia, and they have full citizenship to own U.S. companies and property.”

Read the full article at WAVY

Monty Deihl: Let’s set the record straight about menhaden fishing

December 18, 2024 — The following is an excerpt from an opinion piece published by The Virginian-Pilot and the Daily Press. It was written by Monty Deihl, the CEO of Ocean Harvesters, Inc. He is a native of Reedville, where he and his wife raised their family, and a retired Air Force officer.

A guest column published on Dec. 11 (“Menhaden harvesting has an impact on local fisheries”) contained several inaccuracies regarding the menhaden fishery — including Reedville-based companies Ocean Harvesters and Omega Protein — and the state of the Atlantic menhaden population.

Omega Protein neither “farms” fish nor engages in aquaculture. Menhaden used in Omega Protein’s products are harvested by Ocean Harvesters, an independent company that operates a fleet of nine vessels out of Reedville. Omega Protein processes the menhaden harvested by Ocean Harvesters into products that improve the nutritional integrity of foods, dietary supplements, and animal feeds.

The menhaden population is not “dwindling.” The Atlantic States Marine Fisheries Commission (ASMFC) reports menhaden populations are abundant and sustainably managed. Menhaden are not overfished and are not experiencing overfishing. The biomass exceeded 4.5 million metric tons in 2022, while total commercial landings amounted to just 195,387 metric tons. The ASMFC says menhaden biomass has been stable since the 1960s.

At the August ASMFC meeting, both the representative from the Maryland Department of Natural Resources (DNR) and the Maryland governor’s appointee stated there are “no menhaden” in Maryland. Ironically, in October, the Maryland DNR juvenile striped bass survey found that juvenile menhaden abundance in the Chesapeake Bay over the past two years is at the highest level measured since 1990.

The menhaden fishery is certified sustainable by the Marine Stewardship Council. This required a rigorous, independent evaluation by third-party auditors confirming a healthy biomass, minimal environmental impact and a robust management system.

Atlantic menhaden is the first U.S. species managed to account for predator forage needs. In 2020, after a decade of work, the ASMFC implemented “ecological reference points.” This was applauded by numerous environmental advocates and the Chesapeake Bay Foundation.

Although some critics in the recreational fishing community claim a distinction between the coast-wide and Chesapeake Bay menhaden populations, no evidence supports this. Menhaden are migratory, naturally moving in and out of the Bay. At a Dec. 6, 2022, meeting, Virginia Institute of Marine Science (VIMS) scientists called “localized depletion” claims speculative and unsupported by evidence.

In recent months, the Chesapeake Bay Foundation and other groups publicized a controversial study allegedly linking menhaden harvesting and negative osprey reproductive success. At the August ASMFC meeting, the Chesapeake Bay Foundation’s Maryland executive director offered a motion creating a workgroup to consider more precautionary management of menhaden based on the study. But an article in the current Bay Journal highlights criticism from three VIMS fisheries scientists, who questioned the study’s data, methods and conclusion linking osprey nesting issues to menhaden fishing.

Antagonism between commercial menhaden and recreational fishing interests is nothing new. It was first reported in The New York Times in 1895. But recently, threats on social media and physical attacks on commercial vessels escalated to the point that Virginia amended its laws in 2024 to increase penalties for such dangerous actions. We are thankful to the governor, delegates and commercial watermen from other fisheries who worked hard to change the law to increase public safety.

Today, Ocean Harvesters and Omega Protein are the largest providers of union jobs with full benefits, and the largest minority employers in Northumberland County, serving as key economic drivers. My family has worked in the menhaden industry in Reedville for more than 100 years; it clothed and fed me, put me through school, and today employs my children and supports my grandchildren.

For more than a century, those in the Northern Neck’s menhaden fishing industry have defended their livelihoods against unfounded claims that menhaden purse-seine fishing harms recreational fishing. The debate will continue, but it must be based on fact. And the regulation of this job-creating industry must also be based on fact — not politics and unsubstantiated conjecture.

Read the op-ed at The Virginian-Pilot

Maryland county takes on international offshore wind company to save commercial fishing jobs

December 18, 2024 — On the largely undeveloped Delmarva peninsula – which is surrounded by the Chesapeake Bay to the west, the Atlantic Ocean to the east and includes portions of Delaware, Maryland and Virginia – local lawmakers are getting ready to take on a major international wind power company in an effort to save its crucial commercial fishing industry.

The Worcester County Commissioners in Maryland approved a resolution on Tuesday to acquire two properties in West Ocean City Harbor through eminent domain, which US Wind plans to develop into an operations and maintenance facility as it constructs a wind farm off the coast of Ocean City, Maryland. The action was taken in an effort to protect the county’s historic commercial and sport fishing industries.

The commissioners passed the resolution as US Wind, a subsidiary of Italian-based Renexia SpA, plans to construct a 353-foot-long-by-30-foot-wide concrete pier at the harbor to service vessels used to construct a proposed wind farm consisting of up to 118 turbines at least 15 miles off the coast of Ocean City. Along with the pier, the company plans to install 383 feet of bulkhead.

The two properties the county plans to acquire are currently being used by Southern Connection Seafood and the Martin Fish Company, which are the only two commercial seafood wholesalers in the area where watermen can offload and sell their catches.

The county’s plans for the two properties include developing a long-term lease with the existing owners, allowing them to continue serving the needs of the commercial fishing industry, according to the resolution that was passed.

“The commercial fishing industry is an integral and essential part of Worcester County’s economy,” the resolution reads, adding that it, along with the sport fishing industry, are dependent on commercial marine support in and around West Ocean City Harbor.

Read the full story at FOX Business

2024 Juvenile Fish Survey Shows Promising Results for Chesapeake Bay Menhaden

December 12, 2024 — The Menhaden Fisheries Coalition (MFC) said that recent findings from the Maryland Department of Natural Resources (DNR) 2024 juvenile striped bass survey showcased great news for juvenile menhaden in the Chesapeake Bay.

The MFC explained that while news around striped bass reproduction wasn’t great, positive trends were seen around the key forage species of menhaden and spot.

“Encouraging results were documented regarding two species lower on the food chain,” DNR wrote. “Menhaden abundance was nearly equal to last year, which was the highest measured since 1990. Spot abundance was the highest measured since 1988. These species are vital to the ecology of the Bay as a food source for many other species of fish and wildlife.”

Read the full article at Seafoodnews.com

Commercial fishing groups ask Fourth Circuit to block bass limits in Chesapeake Bay

December 11, 2024 — Maryland commercial fishing groups argued to a Fourth Circuit panel Wednesday that an interstate commission’s regulations on striped bass in the Chesapeake Bay violates the Constitution.

Delmarva Fisheries Association and the Maryland Charter Boat Association sued the Atlantic States Marine Fisheries Commission over 2024 regulations that the plaintiffs claim violate the Fifth Amendment’s taking clause and cut their revenue by upwards of 70%.

The groups appealed after a Maryland federal judge denied their motion for a preliminary injunction.

On Wednesday, U.S. Circuit Judge Stephanie Thacker, a Barack Obama appointee, questioned why the fishing groups would want to challenge the regulations.

Read the full article at Courthouse News Service

VIMS scientists critique research linking osprey declines to menhaden industry

November 29, 2024 — There is a long-running battle in Virginia over how to manage the menhaden fishery – and the lack of data about the species continues to be front and center.

Research that touches on menhaden in the Chesapeake Bay has long been contentious, because it helps inform how officials choose to regulate the controversial fishery.

The latest disagreement is playing out in scientific literature. Three scientists at William & Mary’s Virginia Institute of Marine Science, which conducts research for state regulators, recently published a formal critique of a study linking declines in the local osprey population to the menhaden industry.

The study they critiqued came from another arm of William & Mary: the Center for Conservation Biology, which studies birds.

The center has monitored ospreys for years. Director Bryan Watts said they’ve now seen the birds struggling to reproduce for more than a decade.

His team published a study earlier this year recording the lowest number of osprey chicks since the 1970s. They said the baby birds are dying of starvation, and posit that’s because there aren’t enough menhaden for them to eat.

Read the full article at WHRO

For 2nd year, Chesapeake Bay’s striped bass population is down: Regulators will decide if more rules are needed

November 18, 2024 — Striped bass populations in the lower Chesapeake Bay are not doing well, marking the second year in a row for below-average numbers in Virginia waters.

According to a 2024 survey from the Virginia Institute of Marine Science, which monitors the success of young bass in the lower Chesapeake Bay, this year was “significantly lower” than the historical average. In Maryland, the Department of Natural Resources reported it saw the sixth consecutive year that young striped bass fell far below the long-term average.

During the Virginia survey, researchers usually get about 7.77 fish per haul, but the latest count had only about 3.43.

Read the full article at phys.org

VIRGINIA: VA’s Second Blue Catfish Grant Awarded to Hampton Seafood Company

November 6, 2024 — Virginia is continuing its fight against invasive blue catfish by boosting the fishery and making it easier to put blue cat into markets and restaurants.

The state has awarded a second $247,000 grant in an effort to control the Chesapeake Bay’s blue catfish population.

Virginia Governor Glenn Youngkin recently announced that L. D. Amory Company Inc. (Amory Seafood) of Hampton, Virginia, has been awarded the grant through the governor’s Blue Catfish Processing, Flash Freezing, and Infrastructure Grant Program.

“This reimbursable grant will support the implementation of a modern quick freezer and essential packing equipment that will allow Amory Seafood to increase processing capacity in its Hampton facility,” the governor’s office said.

“Once the expansion and modernization project is complete, Amory Seafood will purchase more blue catfish from local watermen, which supports economic growth and helps to remove the invasive species from Virginia waters,” it stated.

“I congratulate Amory Seafood on this expansion, as this project helps to increase processing capacity of the invasive blue catfish, provide additional market opportunities for Virginia watermen, and boost the Commonwealth’s seafood industry’s economic impact which was over $1.1 billion in 2019,” said Governor Youngkin.

Read the full article at Chesapeake Bay Magazine

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