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Virginia: Will Lawmakers Agree to Menhaden Catch Limits?

February 21, 2018 — A battle over menhaden is underway in the Virginia General Assembly right now.

The oily, stinky fish makes up the biggest commercial fishery by volume on the Atlantic Coast, and more than 70 percent of its harvest is caught in Virginia waters. Menhaden also play a key role in the Chesapeake Bay’s food chain, as prey for sea birds, and bigger fish like rockfish.

The menhaden fishery is the only one regulated by the legislature, instead of the Virginia Marine Resources Commission or the Department of Game and Inland Fisheries. Thus, lawmakers must rewrite current menhaden catch limits in order to stay in compliance with the newest fishery management plan.

The plan, drawn up by the Atlantic States Marine Fisheries Commission (ASMFC) in November, increases the allowable catch for the entire menhaden fishery, but decreases Virginia’s Chesapeake Bay harvest cap to 51,000 metric tons, which is rounded up from the previous five-year average .  Read more about the new management plan here.

The bill first introduced in Virginia’s General Assembly this winter got stuck in committee, but Virginia State Delegate Barry Knight has introduced a new bill on behalf of Virginia Governor Ralph Northam, to comply with the ASMFC plan.

In a letter to Delegate Danny Marshall (R-Danville), the Chairman of the House Committee on Agriculture, Chesapeake and Natural Resources, Governor Northam writes, “Increases in stock abundance and relinquishment of quota from other states to Virginia have resulted in an increase of more than 4 million pounds of menhaden for the Commonwealth. Delegate Knight’s new bill reflects that, and does no harm to the menhaden industry.”

If the plan isn’t implemented, Virginia could fall out of compliance with the Interstate Fishery Management Plan, and the state could face a moratorium on all menhaden fishing.

Read the full story at Chesapeake Bay Magazine 

 

Virginia: Time for bill runs out, higher menhaden quota remains

February 13, 2018 — A multi-state body says Virginians must catch fewer menhaden from the bay, but Virginia’s General Assembly didn’t listen — or, to be exact, didn’t really get a chance to hear.

A bill to bring Virginia’s quota in line with a steep cut demanded by the Atlantic States Marine Fisheries Commission has languished for more than a month in the House Agriculture, Chesapeake and Natural Resources Committee.

The committee won’t meet again before Tuesday’s midnight deadline for the House of Delegates to act on bills sponsored by House members. Without a committee’s vote to recommend a bill, it couldn’t make it to the floor for all the delegates to consider.

And that means that the higher quota applies for the only fishery — Virginia’s biggest — that the General Assembly regulates.

Del. Barry Knight, R-Virginia Beach, wanted the General Assembly to agree to the cut in Virginia landings of menhaden from 87,216 metric tons to 51,000 tons that was approved in November by the regional fisheries commission.

That 41.5 percent cut came as the commission approved an 8 percent increase in the coastwide quota set by the commission.

The proposed quota cut is meant to protect a major nursery for menhaden and the striped bass that feed on them, said Chris Moore, senior regional ecosystem scientist at the Chesapeake Bay Foundation.

While menhaden aren’t sold for human food, they are processed for fish oil, in food supplements, and for fishmeal, an important ingredient in livestock feed, as well as in pet food and to nourish farm-grown fish and seafood.

The striped bass that eat menhaden, on the other hand, have become an important food fish, as well as popular catch for recreational fishermen. Menhaden are also a vital food for marine mammals and osprey.

Moore said not enacting the regional commission quota puts Virginia, and the fishing crews and processing plant workers who depend on menhaden, at risk of sanctions.

That’s a big business. Omega Protein, the Texas-based fish oil and fishmeal producer whose Reedville operation, supplied by seven ships, is the fifth-largest U.S. port for fish landings, with 321 million pounds, worth $31 million, in 2016.

Read the full story at the Daily Press

VIRGINIA: Labor Joins Business Groups In Opposition to ASMFC Menhaden Allocation

AFL-CIO, United Food & Commercial Workers, Chamber of Commerce, Manufacturers Association, Seafood Council, and Watermen Urge Virginia to Reject Commission Decision

February 7, 2018 (Saving Seafood) – WASHINGTON – Virginia business and labor groups have united in calling on Virginia’s General Assembly to reject a reduction in the state’s menhaden quota. In a letter to the Chairmen of Virginia’s Senate and House committees on Agriculture and Natural Resources, the groups argued that the Atlantic States Marine Fisheries Commission’s (ASMFC) decision to redistribute a share of Virginia’s menhaden allocation to other states is unfair and damaging to Virginia businesses and workers.

The letter, sent yesterday to Chairman Richard Stuart of the Virginia Senate Agriculture, Conservation and Natural Resources Committee and Chairman Danny Marshall of theVirginia House Agriculture, Chesapeake and Natural Resources Committee was signed by the Virginia AFL-CIO, the Virginia Chamber of Commerce, the Virginia Manufacturers Association, the Virginia Seafood Council, the Virginia Waterman’s Association, and the United Food and Commercial Workers Local 400.

In November, the ASMFC voted to raise the coastwide allocation of Atlantic menhaden by 8 percent but redistributed it in such a way that the two largest menhaden producing states – Virginia and New Jersey – saw their percentage of the coastwide catch reduced. Under Virginia law, the state legislature must pass legislation accepting the decision of the ASMFC before any such determination becomes effective in the Commonwealth.

“The ASMFC re-allocated the number of menhaden each state could land, giving increased shares to states with little to no menhaden fishing activity,” the groups wrote. “This plan unfairly takes from Virginia while increasing the total allowable catch on the Atlantic Coast by 16,000 metric tons.”

In their letter, the groups argued that the ASMFC could have avoided this problem by increasing the quota further; they pointed out that scientists on the Commission’s Menhaden Technical Committee previously concluded that the coastwide quota could be increased by over 40 percent without a risk of overfishing.

Virginia’s General Assembly is currently considering legislation that would accept the ASMFC’s quota and reallocation plan. The letter calls on legislators to vote against the pending bill.

“Should Virginia reject this, they will stand up for all fisheries managed by the ASMFC,” the groups wrote in their letter. “Should Virginia accede to the ASMFC on this issue, in the future other states may team up on Virginia, take our allocation of other fish, and distribute it to other states.”

The request from organized labor and business groups comes at a delicate time for the ASMFC. As their letter notes, there is recent new precedent for a state that believes its own rules provide adequate conservation to successfully appeal a decision made by the ASMFC. Last June, the Commission recommended to Secretary of Commerce Wilbur Ross that New Jersey be found out of compliance with new rules on recreational summer flounder fishing, known as Addendum XXVIII. However, Secretary Ross did not agree with the Commission’s determination, and ruled New Jersey to be in compliance, marking the first time the Commerce Department had rejected a noncompliance recommendation from the ASMFC.

In a letter to ASMFC Executive Director Robert Beal, Assistant Administrator for NOAA Fisheries Chris Oliver wrote, “New Jersey makes a compelling argument that the measures it implemented this year…will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective…” As a result, “the Secretary has found that the measures are likely to be equivalent in total conservation as those required under Addendum XXVIII,” Administrator Oliver wrote.

According to the ASMFC, the menhaden fishery is sustainable and the stock remains healthy. The Commission’s most recent stock assessment, completed in 2017, concluded that menhaden is currently not overfished and is not experiencing overfishing.

 

Virginia: A big, but cautious bay role for the General Assembly

January 26, 2018 — Issues involving crabs, oysters and fish sometimes need to age a bit in Virginia’s General Assembly, even though the unusually large role in fisheries management it has assumed makes the questions seem familiar.

So, as the couple of dozen aging holders of crab scrape licenses struggle harder to make ends meet dragging softshell crabs from bay eelgrasses, Eastern Shore Del. Rob Bloxom’s notion of letting them keep any hard-shell crabs they haul from the bottom won a nod this week from the House Agriculture, Natural Resources and Chesapeake Bay Committee.

And, though nobody necessarily wants to admit it, the idea that those watermen, mainly based on Tangier Island, are getting older may have been a factor in why Bloxom let slide his first pass at the issue, which also would have allowed them to run bigger scrapes. You have to haul them up by hand, after all.

A newer notion about crabs — that the Virginia Institute of Marine Sciences has found a way to help them escape from abandoned pots — had less luck this week, though.

State Sen. Monty Mason, D-Williamsburg, has been talking enthusiastically for months about VIMS’ research on biodegradable panels for crab pots. The idea is to keep the thousands of ghost pots dotting the bottom of the bay from trapping so many crabs, which die there because they can’t escape.

“They’re basically competing with watermen,” Mason told his fellow senators. A few years back, a $4.2 million effort to scoop up the abandoned pots netted nearly 35,000, which trapped an estimated 3 million crabs a year, Mason said later.

“When one of those drop, it is harvesting and fishing till the end of time,” Mason said. The cost to watermen in terms of crabs not caught and crabs not reproducing amounts to millions of dollars a year.

But neither the watermen, who flooded senators with phone calls opposing the measure, nor most of the Senate itself were convinced.

At $1.50 a panel, times two, times installing them twice a year, times several hundred pots, Mason’s proposal to require two biodegradable panels on all crab pots by 2020 would pose a significant financial burden on watermen, said state Sen. Bill DeSteph, R-Virginia Beach.

State Sen. Lynwood Lewis, D-Accomack, said the first tests of the new panels were limited and produced only mixed results.

Mason said he’s going to keep trying to make the economic case. He’s already talked to Secretary of Natural Resources Matthew J. Strickler about reviving a ghost pot recovery effort, and plans to ask the Virginia Marine Resources Commission to push for more testing of the panels.

Read the full story at the Daily Press

Cooke closes Omega Protein deal

December 21, 2017 — Omega Protein’s stockholders have voted to go ahead with a deal which sees the parent company of Cooke Aquaculture acquire all outstanding shares for nearly $500 million.

The deal was first announced in October. The transaction price represents a premium of 32.5% to Omega Protein’s closing share price on Oct. 5, 2017, which was $16.60, giving a market capitalization of $372.90m. The agreement has been unanimously approved by the board of directors of each of Omega Protein and Cooke, according to a statement.

The transaction was subject to the approval of Omega Protein stockholders, certain regulatory approvals and other customary closing conditions. BMO Capital Markets is providing committed financing for the transaction.

Omega Protein operates seven manufacturing facilities located in the US, Canada and Europe. The company also operates more than 30 vessels to harvest menhaden, a fish abundantly found in the Atlantic Ocean and Gulf of Mexico.

Read the full story at Undercurrent News

 

Rhode Island: Fishermen: Bay cleanup might be doing harm

December 7, 2017 — NARRAGANSETT, R.I. — Narragansett Bay is cleaner and clearer than it’s been in decades.

But after huge strides in treating wastewater and controlling storm runoff, some are asking a question that would have been unthinkable just a few years ago about what is arguably Rhode Island’s most valuable natural resource:

Is the Bay too clean?

Fishermen are raising the issue after seeing steep declines in numbers of flounder, lobster and other species that were once so abundant that they formed the bedrock of their industry.

It has gotten bad enough that lobsterman Al Eagles says that he and others now call the Bay “Chernobyl,” a reference to the site of the devastating Soviet-era nuclear disaster.

“We have to ask ourselves, ’What is taking place in the Bay that has changed it from a resilient bay to a dead bay?” Eagles, who has fished for 45 years, said Wednesday at an annual marine affairs forum held at the University of Rhode Island.

Lanny Dellinger, board member of the Rhode Island Lobstermen’s Association, put the blame on a tightening of restrictions on wastewater treatment plants after the historic Greenwich Bay fish kill in 2003 that over the past 10 years or so has cut in half the amount of nutrients that flows into the Bay.

“It seemed to be happening in sequence with the timing of nitrogen reductions,” Dellinger said, pointing out that such nutrients are key to the growth of phytoplankton, a critical food source for marine life. “I used to see unbelievable amounts of life, but I started to see that change in the mid-2000s.”

The men spoke at the 16th annual Ronald C. Baird Sea Grant Science Symposium at URI’s Graduate School of Oceanography in Narragansett, an event aimed at fostering discussion and developing research projects. Bruce Corliss, dean of the school, said he chose to focus on questions about the Bay’s health after a conversation with Eagles.

Read the full story at the Providence Journal

 

Omega Protein sets date to decide on Cooke deal

November 27, 2017 — Cooke Aquaculture will know as soon as Dec. 19, a week before Christmas, whether it’s getting what it hoped to find under the tree: a large Houston, Texas-based company that catches menhaden and reduces it to fishmeal and fish oil.

That’s the date Omega Protein has set for a shareholder vote on its proposed acquisition by the Cooke’s New Brunswick, Canada-based parent company, according to a new Securities and Exchange Commission filing.

Read the full story at Undercurrent News

 

The Press of Atlantic City: Menhaden decision sticks to science-based fisheries management

November 27, 2017 — Few people eat menhaden, or mossbunkers, so the foot-long fish is familiar mainly to those who use it for bait to catch bigger fish such as striped bass. Lots of other animals, such as ospreys and dolphins, eat them, too, and people also use them for fish-oil supplements, feed for aquaculture and bait for lobsters.

The management of such a beneficial fish is therefore crucial to many human and wildlife interests. Half a century ago, menhaden were superabundant, and as much as 712 million metric tons of menhaden was caught and mostly used for fertilizer. That led to a population crash and the fishery collapsed.

Since the 1990s and the advent of fisheries management, which included the closing of the menhaden fishery for a time, the menhaden population along the Atlantic Coast has recovered significantly. Stock assessments show the biomass of Atlantic menhaden more than doubling to about 1.2 million tons.

This month, the Atlantic States Marine Fisheries Commission updated its menhaden management plan, taking into account the increasing menhaden stock.

The commission was heavily lobbied by the fishing industry and by a coalition of environmentalists and sport-fishing interests led by a unit of the Pew Charitable Trusts.

Read the full editorial at The Press of Atlantic City

Menhaden catch limit raised along Atlantic coast, slashed in Bay

November 20, 2017 — East Coast fishery managers plan to increase the coastwide menhaden catch by 8 percent next year, while slashing the amount that can be harvested from the Chesapeake Bay.

But despite heavy pressure from environmental groups, the Atlantic States Marine Fisheries Commission balked at a proposal that would have required fishery managers to take into account the ecological role of the small, oily fish when setting future harvest levels.

By the end of their two-day meeting in mid-November, commissioners had succeeded in disappointing and pleasing environmentalists and industry officials alike — typically not at the same time — while setting up another big debate two years from now over how to account for the role menhaden play as a food source for other species.

In a statement after the meeting, Robert Ballou, of the Rhode Island Department of Environmental Management and chair of the ASMFC Menhaden Board, acknowledged that many people were left disappointed by the decisions that will guide harvests for the next two years. But he said the commission’s actions demonstrated a “commitment to manage the menhaden resource in a way that balances menhaden’s ecological role with the needs of its stakeholders.”

It was the latest round in a decades-long struggle over how to manage the catch of Atlantic menhaden, a fish almost never eaten by humans that is an important food for a host of marine species. By weight, menhaden make up the largest catch in both the Chesapeake and along the East Coast, but by nearly all accounts their abundance is increasing, especially in New England. In fact, the ASMFC’s science advisers indicated that the current coastal catch limit of 200,000 metric tons could be increased by more than 50 percent with little chance of overfishing the species.

But conservation groups have long argued that such assessments do not fully account for the importance of menhaden as a food source for marine mammals, many birds, and a host of other fish, such as striped bass.

It is part of a larger, long-running debate between conservation groups and the fishing industry over how to treat forage fish, which include menhaden, anchovies and other small species that provide a critical link in the aquatic food chain by converting plankton into nourishment for larger predators.

Historically, conservationists contend that forage species have received less attention — and protection from overfishing — than the larger predators, such as striped bass. Prior to the meeting near Baltimore, conservationists had gathered a record-setting 157,599 comments urging the ASMFC to adopt new harvest guidelines, or reference points, that would take the ecological role of the fish into account when setting catch limits. If adopted, the guidelines would almost certainly have required a reduction in the current coastwide menhaden catch.

But critics — which included ASMFC’s own scientific advisers, as well as the commercial menhaden industry — said the reference points under consideration were based on studies of other species in other places and may not be applicable to menhaden.

Ultimately, the commission — a panel of state fishery managers that regulates catches of migratory fish along the coast — voted 13–5 to delay the adoption of ecological reference points until a panel of scientists it has assembled can make its own ecological recommendations, tailored specifically to menhaden. Those recommendations are not expected to be ready until 2019.

Dozens of activists attended the meeting, many holding bright yellow signs that said, “Little Fish Big Deal,” “Keep it Forage” or “Conserve Menhaden.” Many were surprised not only to be defeated after the huge volume of comments — more than 99 percent in favor of ecological reference points — but also by the lopsided vote.

Read the full story at the Bay Journal

 

Watermen Happy for Small Win over Menhaden Regulation

November 17, 2017 — CAMBRIDGE, Md. — It’s a small fish that’s making a big splash. It’s called menhaden.

In a two day meeting, the Atlantic Marine Fisheries Committee voted to keep menhaden regulations the same for commercial fishers.

With a vote to keep the status quo of how much they’ll be fished, watermen say it’s a win.

“Any time they dont take, it’s a win. We’ll take a small win instead of a big loss any time,” said Burl Lewis from Hooper’s Island.

Lewis says he’s one of the few remaining watermen who still fish for menhaden.

Over the years, he says he’s struggled to follow federal menhaden fishing regulations. He say they’re regulations that really hurt.

“It hurts us in the long run because now our market is really cut back because some of the bigger holders ended up icith our customers,” Lewis said.

Read the full story at WBOC

 

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