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Adjudicator shoots down objections to MSC certification of Atlantic menhaden

August 1, 2019 — An independent adjudicator has dismissed nearly all of the objections raised against granting the Atlantic menhaden fishery certification by the Marine Stewardship Council (MSC).

Omega Protein, the Houston, Texas-based division of Canada’s Cooke filed for the MSC label for both Atlantic Ocean and Gulf of Mexico menhaden fisheries in June 2017 and received a positive recommendation from SAI Global for the Atlantic fishery in March 2019.

But the request also received two objections, one from the Nature Conservancy and the Chesapeake Bay Foundation, the other by the Theodore Roosevelt Conservation Partnership (TCRP), the Coastal Conservation Association and the American Sportfishing Association.

Read the full story at Undercurrent News

Independent Adjudicator Rejects Objections to Atlantic Menhaden MSC Certification, Requests Clarification On One Point

July 31, 2019 — Today, an independent adjudicator found that most of the objections raised to the certification of the Atlantic menhaden fishery against the Marine Stewardship Council standard are unsubstantiated, dismissing all but one involving the future adoption of ecologically based management, where he is seeking language clarification.

Omega Protein filed for MSC certification for the Atlantic menhaden fishery in 2017, and the fishery was officially recommended for certification by independent certification body SAI Global earlier this year.

Two separate objections to SAI Global’s recommendation were filed: one by the Nature Conservancy and the Chesapeake Bay Foundation, the other by the Theodore Roosevelt Conservation Partnership, the Coastal Conservation Association and the American Sportfishing Association.

After a July 8 hearing at the MSC Office in Washington, D.C., involving all parties, the independent adjudicator, Eldon V.C. Greenberg, found most of the objectors’ claims to be unconvincing.

For example, Mr. Greenberg wrote that the objectors’ assertion that “more recent data” showed that bycatch in the menhaden fishery was higher than previously estimated was “incorrect,” and that low bycatch levels in the fishery do not warrant more significant NOAA observer coverage. He also echoed Omega Protein’s argument that SAI Global was within its right to consider that menhaden management is “conservative and precautionary,” and that current harvest quota “essentially presents a 0% risk of exceeding overfishing thresholds.”

Significantly, Mr. Greenberg backed up SAI Global’s finding that, while the Atlantic States Marine Fisheries Commission (ASMFC) continues to work on ecosystem-based management of menhaden, it is enough that there is “a suite of measures in place that act together to avoid ecosystem risks.”

Another main argument made by the objectors involved the cap on menhaden harvest in the Chesapeake Bay of 51,000 mt, created by the ASMFC but not adopted by the state of Virginia. The objectors essentially argued that SAI Global should have made an independent judgment of the different management regimes of the ASMFC and Virginia, according to Mr. Greenberg.

On this topic, Mr. Greenberg wrote that SAI Global and Omega Protein “have the better of the argument.” He cited Omega Protein’s arguments that the Bay cap has never actually been exceeded, and that the ASMFC has not found the state of Virginia out of compliance with its management plan, writing, “In the absence of any action by the Commission, [SAI Global] would be treading on shaky ground indeed to find non-compliance on its own initiative, especially when the [total allowable catch] has never actually been exceeded.”

Only on the issue of ecologically based management did Mr. Greenberg not fully dismiss the objectors’ claims. He requested SAI Global issue language clarifying which jurisdictions need to implement the soon-expected ecologically based management measures, and how they are required to implement them. Mr. Greenberg stated that only the language should be changed, but added that there should be no changes to justifications for the recommendation. SAI Global now has 10 days to provide the clarifying language.

Omega Protein and Daybrook Fisheries have also jointly filed for MSC certification for the Gulf menhaden fishery, which has also received a preliminary recommendation for certification by SAI Global.

Menhaden reopening eases Maine bait worries – for now

July 19, 2019 — A two-week hiatus in the Maine menhaden fishery ended with the Atlantic States Fisheries Management Commission granting an additional 4.7 million pounds of quota, quelling worries about an impeding shortage of lobster bait.

The “episodic event fishery” that started July 15 won’t solve what has become a regular element of suspense for the industry. State officials reopened the season with additional effort controls, and reducing the weekly allowance from four trucks to three.

The harvest is restricted to state waters Monday through Thursday. The Department of Marine Resources had ordered a halt to the fishery June 30, after monitoring showed the fleet had exceeded the Maine annual quote of 2.4 million pounds by 1.5 million pounds – an overage of about 62 percent.

Read the full story at National Fisherman

Extra menhaden quota awarded to Maine as lobster bait shortage concerns heat up

July 17, 2019 — As the peak summer season begins to beat down on Maine’s lobster harvesters, state officials have stepped in to help ease some of the bait shortage burdens pressuring the sector as of late.

Last week, the Atlantic States Marine Fishery Management Council approved Maine’s request to reopen its recently closed menhaden fishery for an additional 4.7 million pounds of catch, according to a recent report from the Portland Press Herald. On 30 June, the state had to end its menhaden fishing season early after it determined that harvesters had exceeded the annual quota of 2.4 million pounds for the key bait species by 1.5 million pounds.

With the state’s fleet of more than 100 vessels seemingly docked for the summer, menhaden were still being found in abundance in Maine waters from Kittery to Penobscot Bay, prompting officials to petition the Atlantic States Marine Fishery Management Council for extra quota.

With their wish granted, state officials are hopeful that “landing the extra menhaden quota now that peak lobster season has started and bait demand is picking up will help ease fears of a shortage predicted as a result of a 70 percent reduction of landings for herring, Maine’s most popular lobster bait,” the Portland Press Herald explained. Prices were already rising when the herring season opened on Sunday, 14 July, noted a special bulletin issued by Maine.gov one day later.

Read the full story at Seafood Source

More Bait Fish Expected to Help Maine Lobstermen With Crunch

July 16, 2019 — The reopening of the fishery for a species of schooling fish could boost Maine‘s lobster industry during a season in which its favored bait might be hard to come by.

The Portland Press Herald reports regional fishing managers have approved Maine’s request to reopen the fishery for menhaden. That could make available a few million pounds of the bait fish, which are also called pogies.

The most popular lobster bait in Maine is Atlantic herring, but that fishery has been subject to deep quota cuts in recent years because of concerns about the stability of its population.

Read the full story from the Associated Press at U.S. News

ASMFC 2019 Summer Meeting Preliminary Agenda & Public Comment Guidelines

June 17, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

Please find attached and below the preliminary agenda and public comment guidelines for the Atlantic States Marine Fisheries Commission’s 2019 Summer Meeting, August 6-8, 2019, in Arlington, VA. The agenda is also available at http://www.asmfc.org/home/2019-summer-meeting. Materials will be available on July 24, 2019 on the Commission website at http://www.asmfc.org/home/2019-summer-meeting.

A block of rooms is being held at The Westin Crystal City, 1800 S. Eads Street, Arlington, VA  22202. Cindy Robertson will make Commissioner/Proxy reservations and will contact you regarding the details of your accommodations. Please notify Cindy of any changes to your travel plans that will impact your hotel reservations, otherwise you will incur no-show penalties. We greatly appreciate your cooperation.

For all other attendees, please reserve online via Star Group Website at http://www.starwoodhotels.com/ or call The Westin Crystal City at 703.486.1111 as soon as possible and mention the Atlantic States Marine Fisheries Commission to obtain the group room rate of $179.00 plus tax single/dbl. Please be aware you must guarantee your room reservation with a major credit card or one night’s advance payment. Hotel reservations must be made by Sunday, July 7, 2019.  Room availability will not be guaranteed beyond this date.  If you are being reimbursed by ASMFC for your travel, please make your reservation directly with the hotel. Reservations made through travel websites do not apply toward our minimum number of required reservations with the hotel. Please note, cancellations at The Westin must be made by 4:00 p.m. two days prior to arrival to avoid penalty and an early departure fee of $100.00 will apply when checking out prior to the confirmed date. If you have any problems at all regarding accommodations please contact Cindy at 703.842.0740 or at crobertson@asmfc.org.

Atlantic States Marine Fisheries Commission

 Summer Meeting

August 6-8, 2019

The Westin Crystal City

Arlington, Virginia

Preliminary Agenda

 The agenda is subject to change. Bulleted items represent the anticipated major issues to be discussed or acted upon at the meeting. The final agenda will include additional items and may revise the bulleted items provided below. The agenda reflects the current estimate of the time required for scheduled Board meetings. The Commission may adjust this agenda in accordance with the actual duration of Board meetings. Interested parties should anticipate Boards starting earlier or later than indicated herein. 

 Tuesday, August 6

8:00 – 10:00 a.m.                     Executive Committee 

(A portion of this meeting may be a closed session for Committee members and Commissioners only)

  • Consider Policy Addressing Non-Payment of State Assessments
  • Consider Proposed Revision to the Annual Report
  • Update on Transitioning the For-hire Telephone Survey to State/ACCSP Conduct
  • Discuss Commission Involvement in Biosecurity and Bait Sources

10:15 a.m. – Noon                   South Atlantic State/Federal Fisheries Management Board 

  • Consider Approval of Atlantic Cobia Amendment 1
  • Progress Update on Draft Addenda for Atlantic Croaker and Spot Traffic Light Analyses
  • Review and Consider Approval of 2019 Fishery Management Plan Reviews and State Compliance Reports for Atlantic Cobia, Atlantic Croaker, and Red Drum

Noon – 1:00 p.m.                     Lunch

1:00– 2:00 p.m.                        American Eel Management Board  

  • Review Board Working Group Recommendations on Addressing Coastwide Cap Overages
  • Review and Consider Approval of Aquaculture Proposals

2:15 – 3:15 p.m.                       Horseshoe Crab Management Board 

  • Consider Potential Management Response to the 2019 Benchmark Stock Assessment
  • Review and Consider Approval of 2019 Fishery Management Plan Review and State Compliance Reports

3:30 – 5:00 p.m.                       Atlantic Menhaden Management Board

  • Progress Update on Menhaden Single Species and Ecological Reference Point Benchmark Stock Assessments
  • Review and Consider Approval of 2019 Fishery Management Plan Review and State Compliance Reports
  • Set 2020 Atlantic Menhaden Fishery Specifications

Wednesday, August 7

8:30 – 11:15 a.m.                     Summer Flounder, Scup, and Black Sea Bass Management Board

  •                   Review Potential Black Sea Bass Commercial Management Strategies and Consider Initiating Management Action to Address Commercial Allocation
  •                   Progress Update on the Recreational Management Reform Working Group
  •                   Update on Management Strategy Evaluation of Summer Flounder Recreational Fishery Project
  •                   Discuss Discard Mortality

9:00 a.m. – 4:00 p.m.              Committee on Economics and Social Sciences

  • Review Ongoing Committee Activities
  • Discuss Efforts to Increase the Availability and Use of Socioeconomic Information in Management
  • Review Committee Input on the Commission’s Draft Risk and Uncertainty Policy

11:30 – 12:30                            Spiny Dogfish Management Board

  • Consider Approval of Draft Addendum VI for Public Comment
  • Review and Consider Approval of 2019 Fishery Management Plan Review and State Compliance Reports

12:30 – 1:15 p.m.                     Lunch

1:15 – 3:15 p.m.                       Interstate Fisheries Management Program Policy Board

  • Review 2019 Performance of the Stocks Report
  • Review and Consider Approval of ISFMP Guiding Documents
  • Update on American Lobster Enforcement Vessel
  • Committee Reports
  • Consider Noncompliance Recommendations (If Necessary)

3:15 – 3:30 p.m.                       Business Session 

  • Consider Approval of Atlantic Cobia Amendment 1
  • Consider Noncompliance Recommendations (If Necessary)

3:45 – 4:45 p.m.                       Tautog Management Board

  • Review Implementation Guidelines for the Commercial Harvest Tagging Program
  • Review and Consider Approval of 2019 Fishery Management Plan Review and State Compliance Reports

Thursday, August 8

8:30 – 11:30 a.m.                     Atlantic Striped Bass Management Board  

  • Consider Approval of Draft Addendum VI for Public CommentMid
  • Consider Postponed Motions from the April 2019 Meeting:

Main Motion: Move to initiate an Amendment to the Atlantic Striped Bass Fishery Management Plan to address the needed consideration for change on the issues of fishery goals and objectives, empirical/biological/spatial reference points, management triggers, rebuilding biomass, and area-specific management. Work on this Amendment will begin upon the completion of the previously discussed Addendum to the Management Plan.

Motion made by Mr. Luisi and seconded by Mr. Clark.

Motion to Amend: Move to amend to add reallocation of commercial quota between states.

Motion made by Mr. Pugh and seconded by Mr. Reid.

  • Review and Consider Approval of 2019 Fishery Management Plan Review and State Compliance Reports

 11:30 a.m. – 12:30 p.m.         Lunch

12:30 – 5:00 p.m.                     NOAA Fisheries Wind Power Workshop for New England and Mid-Atlantic Commissioners

Public Comment Guidelines

With the intent of developing policies in the Commission’s procedures for public participation that result in a fair opportunity for public input, the ISFMP Policy Board has approved the following guidelines for use at management board meetings:

For issues that are not on the agenda, management boards will continue to provide an opportunity for the public to bring matters of concern to the board’s attention at the start of each board meeting. Board chairs will use a speaker sign-up list in deciding how to allocate the available time on the agenda (typically 10 minutes) to the number of people who want to speak.

For topics that are on the agenda, but have not gone out for public comment, board chairs will provide limited opportunity for comment, taking into account the time allotted on the agenda for the topic. Chairs will have flexibility in deciding how to allocate comment opportunities; this could include hearing one comment in favor and one in opposition until the chair is satisfied further comment will not provide additional insight to the board.

For agenda action items that have already gone out for public comment, it is the Policy Board’s intent to end the occasional practice of allowing extensive and lengthy public comments. Currently, board chairs have the discretion to decide what public comment to allow in these circumstances.

In addition, the following timeline has been established for the submission of written comment for issues for which the Commission has NOT established a specific public comment period (i.e., in response to proposed management action).

1.   Comments received 3 weeks prior to the start of a meeting week will be included in the briefing materials.

2.   Comments received by 5:00 PM on the Tuesday immediately preceding the scheduled ASMFC Meeting (in this case, the Tuesday deadline will be July 30, 2019) will be distributed electronically to Commissioners/Board members prior to the meeting and a limited number of copies will be provided at the meeting.

3.   Following the Tuesday, July 30, 2019 5:00 PM deadline, the commenter will be responsible for distributing the information to the management board prior to the board meeting or providing enough copies for the management board consideration at the meeting (a minimum of 50 copies).

The submitted comments must clearly indicate the commenter’s expectation from the ASMFC staff regarding distribution.  As with other public comment, it will be accepted via mail, fax, and email.

MSC Recommends Certification for Gulf of Mexico Menhaden Fishery

June 6, 2019 — SEAFOOD NEWS — The Gulf of Mexico menhaden purse seine fishery was recommened by independent certification body SAI Global for certification against the Marine Stewardship Council (MSC) fisheries standard.

The two participants that requested to be evaluated for MSC certification are Omega Protein and Daybrook Fisheries. Omega Protein was recommended for MSC certification as an Atlantic menhaden fishery back in March.

“The recommendation for MSC certification for our Gulf of Mexico operations is a testament to the hard work we’ve put in over many years to conduct responsible operations,” said Bret Scholtes, CEO of Omega Protein. “The fact that both of the nation’s menhaden fisheries have now been recommended for MSC certification should assure customers and the public alike that our products meet the highest standards of sustainability.”

Fisheries must score a minimum of 60 out of 100 in 28 performance indicators in three categories; sustainability of the stock, efforts to minimize environmental impacts and effective management, to earn certification.

In its recommendation, SAI Global highlighted the menhaden fishery for its extensive surveys, monitoring for menhaden stock and the ecosystem, strong management plan and a robust governance and policy framework.

“Sustainable fishing is important for both the environment and for the future of our business,” said Scott Herbert, Vice President of Sales and Marketing for Daybrook Fisheries. “MSC certification will help this fishery meet the demand for sustainable products, while continuing to be an economic engine here for years to come.”

A December 2018 benchmark stock assesment of the Gulf menhaden saw that the population is healthy and managed sustainably. The stock faced no overfishing as well.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.

Gulf of Mexico menhaden fishery gets MSC recommendation

June 5, 2019 — The Gulf of Mexico menhaden purse seine fishery has been recommended for certification against Marine Stewardship Council standards by SAI Global, Omega Protein announced 4 June.

The recommendation means that both U.S. menhaden fisheries – Atlantic and Gulf of Mexico – have gained recommendation for MSC certification. Omega Protein and Daybrook Fisheries, the two companies that participate in the Gulf of Mexico menhaden fishery, requested the evaluation in 2017.

“The recommendation for MSC certification for our Gulf of Mexico operations is a testament to the hard work we’ve put in over many years to conduct responsible operations,” Omega Protein CEO Bret Scholtes said in a release. “The fact that both of the nation’s menhaden fisheries have now been recommended for MSC certification should assure customers and the public alike that our products meet the highest standards of sustainability.”

The Atlantic fishery was recommended for certification back in December, also from SAI Global.

The certification process hasn’t been without objections from competing groups such as recreational fishermen, whale watchers, and environmental nonprofits. The Atlantic fishery, in particular, has seen recreational groups formally object to the fishery gaining MSC certification.

Read the full story at Seafood Source

Gulf of Mexico menhaden fishery recommended for MSC; Atlantic hung up

June 5, 2019  — Now both of the US’ big purse seine menhaden fisheries have been recommended for certification by the Marine Stewardship Council, though how fast harvesters and processors are able to start carrying the label remains to be seen.

Omega Protein and Daybrook Fisheries, on Tuesday, announced that the menhaden fishery in the Gulf of Mexico has been recommended for MSC by the independent certification body SAI Global. Stakeholders now have 15 working days to submit formal objections to an independent adjudicator.

Houston, Texas-based Omega Protein, acquired by Canada’s Cooke in late 2017, and Daybrook, an Empire, Louisiana-based wholly owned subsidiary of South Africa’s Oceana Group, both source menhaden from the gulf and requested MSC certification in June 2017.

Read the full story at Undercurrent News

Omega Protein comes out swinging as magazine questions MSC’s integrity

May 14, 2019 — US firm Omega Protein has come out fighting following a column, published in Sport Fishing Magazine, made claims of impropriety in the Marine Stewardship Council (MSC) certification process of the Atlantic menhaden fishery.

In the editorial, Sport Fishing Magazine “impugns the integrity of both the [MSC] and the Atlantic menhaden fishery,” said Omega Protein. In response to the recommendation by the independent auditor that the menhaden fishery be MSC certified, editor Doug Olander made accusations of impropriety rather than critiquing the fishery, the independent assessment, or the MSC process on its merits, it said.

“MSC certification has always been based on objective criteria, which are evaluated by independent, third-party auditors,” the company said. “The process is entirely transparent, publicly available and easily accessible to [the magazine’s editor, Doug] Olander. If a fishery doesn’t score high enough on the assessment, it isn’t certified. Fisheries can be denied certification, and several fisheries have lost their certification for not maintaining standards.”

Olander wrote that Omega Protein was “buying its way to public respectability”, and looking to “wrap itself in a cloak of respectability by claiming it’s a certified sustainable fishery”. In fact, said Omega Protein, as made clear in the report compiled by the independent auditors, the menhaden fishery does meet the criteria for MSC certification.

Read the full story at Undercurrent News

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