Saving Seafood

VA won’t be penalized over menhaden regs if it stays under cap

March 5, 2019 — Virginia will not face penalties for failing to formally adopt new catch limits on Atlantic menhaden — as long as harvests stay within limits established by East Coast fishery managers.

The decision by the Atlantic States Marine Fisheries Commission in February headed off a potential legal showdown as to whether it had scientific justification for slashing the commercial menhaden harvest in the Bay in 2017, even as it raised catch limits along most of the coast.

Since then, the Virginia General Assembly has twice failed to adopt the commission’s mandated annual Bay cap of 51,000 metric tons.

Failure to adopt the limit put the state out of compliance with the commission’s regulations. As a result, the ASMFC could ask the U.S. Department of Commerce to impose a moratorium on all menhaden harvests in Virginia. Twice last year the ASMFC considered, but delayed, such an action.

Steven Bowman, who heads the Virginia Marine Resources Commission, said his agency monitored 2018 harvests both through catch records and aerial surveillance and would continue to do so. “The cap was not exceeded,” he said. “It did not come close to being exceeded.”

Read the full story at the Bay Journal

Virginia dodges sanction on menhaden

February 13, 2019 — A threat to shut down Virginia’s menhaden fishery disappeared after an interstate commission decided it wouldn’t find the state out of a compliance with a new quota for the oily fish.

The Atlantic States Marine Fisheries Commission cut the quota for menhaden caught in the Chesapeake Bay by purse-seine vessels by 42 percent back in 2017 — but the General Assembly balked this year and last at enacting that lower quota into state law.

This month, the commission indefinitely postponed taking any action to find Virginia out of compliance, a finding that could trigger a federal moratorium on the fishery.

Menhaden has made tiny Reedville the biggest U.S. fishing port, measured by pounds, outside Alaska. Reedville’s fleet of purse seine vessels — large former offshore oil service ships or former minesweepers — scoop up menhaden schools with giant nets, then deliver the fish to the Omega Proteins processing plant, where they’re turned into fish oil and animal feed.

The commission said that if the Reedville fleet catches more than 51,000 metric tons in the Bay — its current quota — it could still decide Virginia is out of compliance. But it noted that the Bay catch since 2012 has been below that level — Virginia’s noncompliance is strictly that it hasn’t enacted the commission’s cap into state law.

Read the full story at the Daily Press

 

Menhaden Fishery Managers Won’t Pursue Punishment for Virginia

February 11, 2019 — Virginia’s menhaden fishery gets a major victory, as Atlantic fisheries managers decide not to hold the Commonwealth out of compliance with its most recent catch limits.

Back in fall of 2017, the Atlantic States Marine Fisheries Commission (ASMFC) voted to reduce the maximum allowable harvest on the Chesapeake Bay from 87,216 metric tons to 51,000 metric tons a year.

Virginia’s legislature failed to adopt the reduced catch limits, after the East Coast menhaden fishery’s biggest player, Omega Protein, argued the reduction was unnecessary. Under law, the U.S. Department of Commerce can put an immediate moratorium on a state that doesn’t comply with catch limits.

ASMFC won’t seek a moratorium from the Department of Commerce, announcing it has “indefinitely postponed” action to find Virginia out of compliance. ASMFC explains, the Virginia fishery has stayed within the limits of a precautionary “Bay Cap” that was imposed to protect the small, oily fish as an important link in the Chesapeake Bay food chain.

In a statement, ASMFC writes, “This action is contingent upon the Chesapeake Bay reduction fishery not exceeding the cap. If the cap is exceeded, the Board can reconsider the issue of compliance. In making its decision, the Board took into account the fact that reduction fishery harvest within the Chesapeake Bay has been below the cap level since 2012, including 2018 harvest. “

Read the full story at Chesapeake Bay Magazine

Omega Protein Applauds ASMFC Vote to Not Penalize Virginia for Failure to Adopt Chesapeake Bay Cap

February 8, 2019 — SEAFOOD NEWS — The Atlantic States Marine Fisheries Commission voted to indefinitely postpone a motion that would have found Virginia and its menhaden fishery out of compliance.

The issue of non-compliance stems from the fact that Virginia has not codified a reduced cap on Omega Protein’s menhaden harvest in the Chesapeake Bay, which was slashed by 41 percent in 2017. Omega Protein claims the Bay Cap is not scientifically derived, but rather is a political compromise and a precautionary measure adopted by the Commission. The lack of scientific evidence supporting the cap has been well documented, according to the company.

“Bluntly, we’ve outkicked our coverage with this particular action,” said ASMFC Commissioner Robert Boyles, head of South Carolina’s Marine Resources Division, during the meeting. “The law doesn’t support a non-compliance finding here. That is the hard and fast fact.”

The menhaden fishery is currently being managed sustainably. In its most recent stock assessment in 2017, the Commission found that menhaden is not overfished, nor is it experiencing overfishing. The stock is healthy enough that the Commission raised the coastwide quota each year from 2015 to 2017.

Declaring a healthy fishery non-compliant would have been unprecedented, as noted by NOAA attorney Chip Lynch at the Commission’s August 2018 meeting on menhaden. At that meeting, Mr. Lynch said a non-compliance recommendation would be “the first time ever…that the federal government would receive a non-compliance referral for a fishery that is not overfished and overfishing is not occurring. And there is record evidence from the leadership of the Commission that the measure is not related to conservation.”

“The Commission made the right decision today because the Bay Cap is not ‘necessary for the conservation of the fishery,’ as is required in a non-compliance finding,” said Ben Landry, Director of Public Affairs for Omega Protein. “The Commission’s decision to press pause on this motion signals their acknowledgement that the basis for the reduced Bay Cap was not going to meet federal standards.”

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

ASMFC Indefinitely Postpones Action on VA Compliance with Atlantic Menhaden Amendment 3 Chesapeake Bay Reduction Fishery Cap

February 7, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

The Commission’s Atlantic Menhaden Management Board postponed indefinitely action to find the Commonwealth of Virginia out of compliance with the provisions of Amendment 3 to the Fishery Management Plan for Atlantic Menhaden, specifically the Commonwealth’s failure to implement the Chesapeake Bay reduction fishery cap of 51,000 mt. This action is contingent upon the Chesapeake Bay reduction fishery not exceeding the cap. If the cap is exceeded, the Board can reconsider the issue of compliance.

In making its decision, the Board took into account the fact that reduction fishery harvest within the Chesapeake Bay has been below the cap level since 2012, including 2018 harvest. During its deliberations, the Board commended Virginia Commissioners on their efforts to monitor landings and work with the Commonwealth’s General Assembly to seek full implementation of the provisions of Amendment 3. While the Bay cap was established as a precautionary measure given the importance of menhaden as a prey species, additional information stemming from the development of ecological-based reference points (ERPs) may be informative to the Bay cap issue. Accordingly, the Board will consider action to modify the Bay cap after it completes action on ERPs, anticipated for 2020.

Atlantic Menhaden Benchmark Stock Assessment Workshops Scheduled for Early April 2019

January 8, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Ecological Reference Points (ERP) Workgroup and Atlantic Menhaden Stock Assessment Subcommittee (SAS) will be meeting April 1 – 5, 2019 at the Commission’s office, 1050 N. Highland Street, Suite 200A-N, Arlington, VA. The ERP Workgroup will meet April 1 – 3 and the SAS will meet April 3 – 5. Both groups will be exploring various modeling approaches to evaluate the health of the stock and inform the management of the species in an ecological context. The deadlines for the submission of data and alternate single-species and multispecies/ecosystem models have passed.

It is anticipated a second round of workshops will be held in June or July 2019 to finalize both assessments for peer review in late 2019 through the SouthEast Data Assessment Review process. Visit the Commission’s website calendar (http://www.asmfc.org/calendar/) for information on the dates and times of those meetings.

All Commission assessment workshops are open for public attendance. Time may be allotted for public comment at the discretion of the Chairs of the ERP Workgroup and SAS, but may also be limited to keep the workshop on schedule. Due to the use of confidential data in this assessment, some portions of the workshop may be “closed door,” for which only members of the ERP Workgroup and SAS with clearance to view confidential data may be present. Additionally, to ensure adherence to confidentiality laws, there will be no remote public access via webinar or conference call for this meeting.

For more information about the assessments or attending the upcoming workshops (space will be limited), please contact Max Appelman, Fishery Management Plan Coordinator, at mappelman@asmfc.org or 703.842.0740.

Read the full release here

Fisheries on both VA, MD legislative agendas for 2019

January 3, 2019 — Oysters will be on the legislative menu in Maryland in 2019, while Virginia lawmakers will have menhaden on their plates. But for legislators gathering in both states in January, many of the environmental issues confronting them will be leftovers from previous years.

In Annapolis, environmentalists hope to capitalize on an infusion of dozens of newly elected legislators to push through bills that have failed to gain traction in years past. In Richmond, activists face a different situation, seeking to make headway in an election year, with all of the legislative seats up for grabs.

Here are some of the environmental issues lawmakers in each state can expect to face.

Maryland

Oysters: In the wake of a troubling scientific assessment of Maryland’s oyster population, the Chesapeake Bay Foundation is seeking legislation to protect the five Bay tributaries selected for large-scale restoration from being reopened to harvest and to lay out a framework for the development of a new fishery management plan for the species.

A Department of Natural Resources stock assessment found in November that the number of market-size bivalves last season was half of what it had been 15 years earlier, and that the shellfish were being overfished in roughly half of the state’s waters. The assessment had been ordered by the General Assembly in 2017 after the DNR moved to open some state oyster sanctuaries to supplement a faltering commercial harvest. Lawmakers blocked the DNR move until the assessment was complete.

Read the full story at the Bay Journal

Omega Protein’s Menhaden Fishery Passes MSC Assessment; Public Comment Period Initiated

December 4, 2018 — SEAFOOD NEWS —  The US purse seine menhaden fishery operated by Omega protein has been recommended for MSC certification by SAI Global.

Today the assessment body released its draft report for public comment.  Scores for the three principal areas were quite high.

The MSC system is based on the target fishery achieving a score of 80 or above in a range of criteria, organized under 3 principles:  health and sustainability of target species; the status of the ecosystem and the environmental impact of fishing, and the management system in place.

Scores are averaged, and a fishery must exceed a score of 80 in each of the three main areas to be recommended for certification.

The menhaden fishery was scored at 82.5 on the target species health; at 87.4 on the ecosystem health, and at 92.2 on the management system in place.

Within these areas there were three specific issues that scored below 80, which will become conditions that need to be addressed in the five year plan for improvement following a successful certification.

The three issues identified by SAI Global as conditions are first, that Omega Protein must provide evidence of a harvest strategy that is designed to take into consideration the role of menhaden as a forage fish in the overall Northwest Atlantic ecosystem, meaning that if ecosystem impacts are identified, there must be a mechanism to reflect those impacts in the harvest strategy.

The second issue is that the client must implement a harvest control rule that ensures the exploitation rate is kept below a level where serious ecosystem impacts could occur, and the client will be expected to keep the stock fluctuating around a target level consistent with ecosystem needs.

The third condition is that every five years there must be a review of alternate measures related to bycatch.  The certifier recommends that more work be done on bycatch in the fishery.

The overall conclusion is to strongly recommend certification.  Under the MSC process, stakeholders have the right to lodge objections or suggest changes to the report.  Normally these types of suggestions are negotiated between the parties, and if no agreement can be reached, a stake holder may appeal the certification decision to a review board.

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

SAI Global recommends MSC certify the Atlantic menhaden fishery

December 4, 2018 — SAI Global, one of the leading certification bodies for the Marine Stewardship Council, announced on 4 December that it’s recommending the Atlantic menhaden fishery be certified as sustainable.

The recommendation is a key step in the fishery attaining MSC certification. Now, the certification will go to a 30-day public comment period.

Omega Protein, by far the largest fisher of menhaden, has been the company leading the drive for MSC certification.

The recommendation comes amid some rising controversy over the fishery as competing groups – such as recreational fishermen and whale-watchers – claim that the fishery has been negatively impacting the environment. One nonprofit, Gotham Whale, has developed a petition directly targeting Omega Protein called the “Gotham Whale Action Plan.”

The petition calls for the Omega Protein fleet to be forced to fish 20 miles from New York or New Jersey. Currently, the vessels legally fish outside the three-mile limit.

Gotham Whale’s issue with the fishery largely relates to menhaden’s role as food for humpback whales in the region surrounding New York Harbor near New York City.

“Gotham Whale has been documenting humpback feeding in this area since 2011 and we would like it to continue,” the organization’s petition states. “We are also appealing to the owners of Omega Protein to further persuade them to leave the bunker for the whales.”

The conflict has already gained some attention from media. A New York Times article interviewed several recreational fishing and sightseeing boat captains, many of which claimed that the large Omega Protein boats were causing problems.

“We have a major issue with a fishing fleet coming in and taking all the food from the whales,” Tom Paladino, a whale watching boat captain, told the Times.

Omega Protein has also butted heads with the Atlantic States Marine Fisheries Commission after the management organization put Virginia on notice for not implementing a reduced menhaden catch limit for Chesapeake Bay. While the overall limit for menhaden was raised for the 2018 and 2019 seasons to 216,000 metric tons (MT), the Chesapeake Bay limit – where Omega Protein does a lot of its fishing – was set for just 51,000 MT.

Chesapeake Bay’s quota was previously 87,216 MT. While the state of Virginia’s total quota was 170,000 MT, that represented little to no increase, something that didn’t add up for Omega Protein.

“We feel that it’s targeting one company, which is what this provision applies to Omega,” Ben Landry, Omega Protein’s director of public affairs, told SeafoodSource in May, noting that there are no caps for the bait fishery. “It’s not in accordance with the best available science. It’s not necessary for the conservation of the species because it’s not overfished.”

Read the full story at Seafood Source