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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

Will a cleaner Chesapeake Bay mean more fish and crabs? It’s complicated

November 4, 2024 — For decades, Chesapeake Bay cleanup efforts have been driven by a simple equation: Cleaner water equals more fish and shellfish.

The 1983 Chesapeake Bay Agreement, which launched the state-federal restoration effort, made that clear as it sought to reverse the Bay’s “historical decline in the living resources.” It would do so, the agreement said, by addressing pollution flowing into the Bay.

The living resources goal was reiterated in the next two cleanup agreements in 2000 and 2014, and the pollution goal aimed at making it happen has been refined to measurable targets for reducing nutrient pollution in the water.

But would achieving those goals actually result in more fish, crabs and oysters?

It’s complicated.

Bay scientists caution that the link between nutrient reductions and increased fish abundance is highly uncertain. In a report last year, they warned of a need for “grounding” the public’s expectations about the recovery of aquatic life even if cleanup goals are met.

In the May 2023 Comprehensive Evaluation of System Response (CESR) report, the Scientific and Technical Advisory Committee of the state-federal Chesapeake Bay Program cautioned that other factors — such as temperature, salinity, river flows and structural habitats — play important roles in determining fish abundance. Compared with those, the water quality role can be small.

“Considerable uncertainty,” they wrote, “will accompany any effort to predict how fish and shellfish populations respond to changes in water quality alone.”

Read the full article Bay Journal

More Striped Bass Restrictions Possible for Chesapeake Bay Fisheries

October 25, 2024 — The Atlantic States Marine Fisheries Commission (ASMFC) held a meeting this week to review recent studies that suggest the Chesapeake Bay’s striped bass (or rockfish) populations continue to struggle.

According to the Chesapeake Bay Foundation,a 2024 stock assessment update showed the number of rockfish remains below sustainable numbers despite multiple recent efforts to reduce their mortality. Studies conducted in Maryland and Virginia suggest similar issues with lower levels of juvenile fish in consecutive years.

“If an upcoming stock assessment prior to the rebuilding deadline of 2029 indicates that the stock is not projected to rebuild by 2029, with a probability greater than or equal to 50 percent, the Board can respond via Board action, essentially by changing management measures via a vote to pass a motion, as opposed to an addendum or an amendment,” Dr. Katie Drew said at the ASMFC meeting.

Read the full article at WBOC

U.S. Geological Survey Presentation Raises Questions About Osprey-Menhaden Link Allegations

August 6, 2024 — The following was released by the Menhaden Fisheries Coalition:

Today at the Atlantic States Marine Fisheries Commission (ASMFC) summer meeting, the Menhaden Management Board heard a presentation on osprey populations from U.S. Geological Survey (USGS) scientists; considered but did not agree to a motion to start an addendum on additional commercial menhaden fishing restrictions in the Chesapeake Bay; and ultimately agreed, as a compromise, to create a working group to “consider and evaluate options for further precautionary management of Chesapeake Bay menhaden fisheries.”

The Chesapeake Bay Foundation (CBF) has issued a stunningly deceptive press release, mischaracterizing the tone of today’s ASMFC meeting and the action taken there. The CBF release suggests that the material presented by USGS overwhelmingly indicated a problem with osprey in the Chesapeake Bay, and that there was overwhelming support by ASMFC commissioners for additional regulation of menhaden in the Chesapeake Bay. Neither is true. The Menhaden Fisheries Coalition is issuing this release, together with the full audio of the meeting, to clarify the record. The full audio is available here.

Dr. Barnett Rattner and David Ziolkowski of the U.S. Geological Survey gave a presentation on the health of osprey populations from coast to coast. Mr. Ziolkowski noted that “in North America in the 1950s and 60s, osprey population started declining rapidly due to the effects of volcanic chlorine, pesticides like DDT, and it’s estimated that the Chesapeake Bay probably lost about half or more of its population.”

However, Mr. Ziolkowski explained that after measures were taken, including banning DDT, between 1966 and 2022, the eastern population of osprey increased by about 300%, and the Atlantic Coast population increased by about 587%. In the Chesapeake Bay it’s increased by about 1800% since 1960. He continued, “…what these numbers bear out is that osprey have made an astounding recovery by all accounts. The numbers are now in excess of historical numbers and in part that’s because they’ve returned to a world that’s very different than the world was before they started declining. There’s more suitable nesting structures. Water may be cleaner, et cetera.”

Mr. Ziolkowski did note that during the period from 2012 to 2022, “something’s going on,” as there has been a leveling off in the growth of the osprey populations in the mid-Atlantic. But he explained, “Care must be used when you’re interpreting these kinds of results and to understand what I mean, it’s helpful to look at osprey trends across the country. So here I’ll point out three things that I hope you take notice of in these graphs. On the left-hand side here, for example, California and Washington, opposite coast, you can see that there’s something going on in the same time period as there is here in Maryland, Virginia.”

Dr. Barnett Rattner and David Ziolkowski of the U.S. Geological Survey present a slide to the Menhaden Management Board showing that the recent leveling-off in Maryland and Virginia osprey populations, after years of explosive growth, is a phenomenon also being seen in states across the nation, on both the East and West Coast.

During the Q&A following the presentation, Commissioner Patrick Geer of Virginia, Chief of Fisheries Management at the Virginia Marine Resources Commission, noted that “Dr. [Bryan] Watts has done a survey in Virginia, for a number of years, going back to I believe 1993, which has shown the double crested cormorant population has increased 1416% in 25 years and brown pelicans have been about 882%. Now those species that are primarily piscivores…they’re competing for the same food source…Maybe the [osprey] nests aren’t surviving, maybe they’re moving out and these two species are moving in? Is that possible?” To which Dr. Rattner replied “Yes, it’s possible, certainly.”

After the presentation by the USGS scientists, Commissioner Lynn Waller Fegley of Maryland, Director of Fishing and Boating Services at the Maryland Department of Natural Resources, made a motion to initiate an addendum to the Atlantic Menhaden Interstate Fishery Management Plan to consider Chesapeake Bay-specific management options for menhaden purse seine vessels larger than 300 gross tons in order to support the need of piscivorous birds and fish during critical points of their life cycle, and include options for seasonal closures of Chesapeake Bay waters, but not consider changes to the current Bay cap of 51,000 metric tons.

It became immediately apparent that the board was divided on this proposal.

The provision targeting purse seine vessels over 300 tons was obviously included to target the commercial menhaden reduction fishery, which in Virginia is operated by Ocean Harvesters and supplies menhaden to Reedville-based processer Omega Protein. This was questioned by Commissioner Proxy Eric Reid of Rhode Island, who asked if the motion wasn’t inherently flawed, since although there are carrier vessels over 300 tons, those vessels get their fish from pairs of small purse seine boats, meaning that the motion accomplished nothing. Mr. Reid’s conjecture was confirmed by a member of the delegation from Virginia.

Commissioner Proxy Nichola Meserve of Massachusetts, Fishery Policy Analyst at the Massachusetts Division of Marine Fisheries, raised concerns about “diving immediately into an addendum process,” noting that other addenda in the past began “with a work group, a board work group that discussed the issues and the concerns that developed potential strategies.

After much procedural wrangling, there were two votes to postpone action on the motion, one until the October meeting and another indefinitely. Both of those votes tied 9-9. When it became apparent that the motion to initiate an addendum had reached a stalemate, Commissioner Proxy Dr. Allison Colden, Chesapeake Bay Foundation Maryland Executive Director, offered a substitute motion “to establish a board work group to consider and evaluate options for further precautionary management of Chesapeake Bay menhaden fisheries, including time and area closures, to be protective of piscivorous birds and fish during critical points of their life cycle.

The board members accepted this compromise unanimously by acclamation, without a roll call, and the working group is expected to report the results of their discussion to the Menhaden Management Board at its October 2024 meeting.

“Those attending the ASMFC’s Menhaden Management Board meeting in person or listening online could only come away with one clear message from the respected researchers at USGS, and that is the osprey’s numbers have dramatically increased and any challenges that the seabirds face are complex and multi-faceted, occurring in numerous locations on both the Atlantic and Pacific coasts, and cannot be blamed on the menhaden harvest in the Chesapeake Bay,” stated Ben Landry, Vice President of Public Affairs for Ocean Fleet Services and spokesperson for Ocean Harvesters. “To state otherwise is wholly dishonest, but that is commonplace for the Chesapeake Bay Foundation and its decades-long history of false and hyperbolic statements on menhaden fisheries.”

The menhaden fishery has long been attacked by those who refuse to accept the science-based conclusions of respected government agencies and independent assessment bodies. However, it is important to remember that since 2020, after a three-year, peer-reviewed effort, with input from both industry and environmental conservation groups, menhaden has been managed using ecological reference points that account for menhaden’s role as a forage fish throughout its range.

When the ecological reference points were adopted, Chesapeake Bay Foundation President William C. Baker stated in a release: “This is a historic day for fisheries management. Menhaden have been called the most important fish in the sea for good reason. Menhaden are an essential part of the diet of numerous fish species including striped bass, along with dolphins, whales, osprey and other seabirds.”

In 2020, Chris Moore, Senior Regional Ecosystem Scientist for CBF, wrote in the Bay Journal, “Striped bass, of all the predators studied, were shown to be the most sensitive to changes in the menhaden population. Therefore, adopting ecological reference points that protect striped bass will also protect other predator species that rely less on menhaden.”

Additionally:

  • In 2022, the Atlantic States Marine Fisheries Commission concluded there was no evidence that menhaden were being overfished along the Atlantic coast.
  • The Marine Stewardship Council in 2019 certified the Atlantic menhaden fishery as sustainable.

About the Menhaden Fisheries Coalition
The Menhaden Fisheries Coalition (MFC) is a collective of menhaden fishermen, related businesses, and supporting industries. Comprised of businesses along the Atlantic and Gulf coasts, the Menhaden Fisheries Coalition conducts media and public outreach on behalf of the menhaden industry to ensure that members of the public, media, and government are informed of important issues, events, and facts about the fishery.

Why wild Chesapeake catfish should be the new salmon

July 30, 2024 — Restaurants. Stadiums. Prisons. There’s a big new push to get invasive blue catfish out of the Chesapeake Bay and onto a variety of menus.

Why it matters: The Bay’s blue catfish population is booming, which is bad for the native species they outcompete for food and habitat, and those they prey on — especially our dwindling juvenile crab population.

The big picture: Blue catfish get a bad rap. “When I hear ‘invasive,’ it’s like aliens coming down. It’s not sexy, it’s not appetizing,” says Matthew Scales, seafood marketing director for Maryland’s Department of Agriculture.

  • The agency is working with grocers and chefs to show consumers that blue catfish are sustainable and delicious.

Catch up quick: Blue catfish arrived in the Chesapeake Bay only a few decades ago — originally introduced in the ’70s for sports fishing in Virginia — but they’re already in the bay’s top three invasive species.

  • Blue cats can balloon to the size of small kids, over 5 feet long and 100-plus lbs, reproduce like crazy, and travel great distances without food. But when they eat — crabs, menhaden, eels — they’re voracious.

By the numbers: The blue catfish commercial harvest in Maryland and the Potomac River skyrocketed from over 609,000 pounds in 2013 to 4.2 million pounds in 2023 — an increase of more than 500%. But that’s hardly enough to curb the population.

What they’re saying: Part of the problem is branding. “We’re battling the mindset that catfish are these dirty fish, bottom feeders,” Branson Williams, DNR’s invasive species manager, tells Axios. That’s not true, at least with blue cats.

Read the full article at AXIOS

MARYLAND: Scallops, The next big shellfish in the Chesapeake Bay?

June 26, 2024 — Next week, Maryland will expand the definition of shellfish in the state, and one particular mollusk could benefit the most by the change.

Currently, shellfish as defined by the Maryland Department of Natural Resources (DNR) are ‘live oysters, seed oysters, oyster shells, live hard-shell clams, live soft-shell clams, and clam shells’. But thanks to SB303, passed by the General Assembly and signed by Gov. Wes Moore, the definition will expand on July 1 to all ‘live bivalves and bivalve shells’.

Read the full article at WYPR

Could the Mississippi River benefit from Chesapeake Bay’s strategy to improve water quality?

June 21, 2024 — As environmental groups and policy analysts in the Mississippi River basin seek solutions to shrink a massive “dead zone” that forms off the coast of Louisiana each year, they have looked to a regional cleanup program in the Chesapeake Bay as a model.

A key component of that effort, known as the Chesapeake Bay Program, is regulation.

For nearly 15 years, it’s included a legally enforceable, multistate pollution quota — one of a select few in the nation. This “total maximum daily load” aims to reduce the amount of nutrients, like phosphorus and nitrogen, that run off into the Bay’s waters.

Too much of chemicals that derive from these elements, commonly used to grow crops and fertilize lawns, can cause algae blooms and die-offs that rob waters of oxygen and suffocate aquatic life.

But the Bay program’s scientific advisers recently noted the strategy is imperfect.

After two missed deadlines to reduce nutrient runoff, and a third looming, mid-Atlantic state and federal officials are reevaluating their options.

Read the full article at The Gazette

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