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Omega Protein urges scientific review before menhaden fishery cuts

July 31, 2025 — Menhaden processor Omega Protein and its harvesting partner Ocean Harvesters have urged the Atlantic States Marine Fisheries Commission (ASMFC) to conduct further scientific reviews before considering potential reductions to the Chesapeake Bay menhaden fishery.

In a letter to the ASMFC, Omega Protein Senior Scientific Advisor Peter Himchak argued that recent concerns linking menhaden fishing to declines in osprey populations are being overstated, calling for a broader investigation into possible causes.

Himchak, a former fisheries biologist with the New Jersey Division of Fish and Wildlife and longtime advisor to the ASMFC and the Mid-Atlantic Fishery Management Council, criticized what he called an “inordinate amount of focus on menhaden generally, and the reduction fishery in particular,” in discussions of osprey declines.

In particular, he pushed back against recommendations made by the ASMFC’s Work Group on Precautionary Management in the Chesapeake Bay, calling them “draconian” and warning that implementing restrictions without clear evidence of depleted menhaden stocks or proven impacts on osprey risks harming an industry that supports hundreds of jobs and has operated for over 150 years.

Read the full article at Aqua Feed

Omega Protein and Ocean Harvesters Urge Science-Based Review Before Imposing New Menhaden Restrictions

July 29, 2025 — The following was released by the Menhaden Fisheries Coalition:

In a letter submitted to the Atlantic States Marine Fisheries Commission (ASMFC), Peter Himchak, Senior Scientific Advisor to Omega Protein, warned that “there has been an inordinate amount of focus on menhaden generally, and the reduction fishery in particular” in discussions about recent osprey declines in the Chesapeake Bay.

Omega Protein, which processes menhaden into fishmeal, fish oil, and related nutritional products, is supplied by Ocean Harvesters under a long-term harvesting agreement. Himchak submitted the letter on behalf of the company ahead of the ASMFC’s Summer Meeting.

Himchak, who served for 39 years as a fisheries biologist with the New Jersey Division of Fish and Wildlife and as a long-time advisor to both the ASMFC and the Mid-Atlantic Fishery Management Council, sat on the ASMFC’s Atlantic Menhaden Technical Committee and Stock Assessment Sub-Committee from 1988 until 2006.

In the letter, Himchak criticized the ASMFC’s Work Group on Precautionary Management in Chesapeake Bay for proposing “draconian management recommendations ‘without determining if there is or is not an adequate supply of menhaden to support predatory demand in the Bay.’” He warned that moving forward with such actions without first determining whether there are, in fact, fewer menhaden in the Bay or whether the fishery has any impact on osprey “risks gravely impacting a more than 150-year-old industry and hundreds of jobs while doing nothing to improve the osprey situation.”

Himchak wrote that the ASMFC’s Technical Committee (TC) already has a significant workload in advance of the Commission’s Annual Meeting, but raised four areas of scientific inquiry the TC could investigate that would provide the Board with more complete information. 1) He asked whether “the phenomenon of reduced osprey production [is] confined to the times and areas in which the menhaden reduction fishery operates,” referencing USGS data showing declines in osprey abundance in coastal areas of multiple states—not just the Chesapeake—and increases in interior regions. He also noted that the fishery does not begin fishing until May or later—after migrant ospreys arrive in the region from late February to early March and begin building nests from mid-March to mid-April—raising questions about how the fishery could influence osprey’s months-earlier decisions about where to nest.

2) He wrote that there have been sizable increases in populations of multiple menhaden-dependent predators since at least the turn of the century, and that a stomach contents analysis of striped bass, which are only somewhat dependent on menhaden, indicated they “are not starving and would be considered healthy.” Therefore, he asked, “is it more likely that ospreys are being outcompeted or that the reduction fishery uniquely impacts osprey?”

3) Regarding eagle-osprey interactions, he noted a recent Maryland DNR release announcing “large increases in the state’s bald eagle population.” He referenced myriad studies finding that bald eagles are “kleptoparasitic”—a term used to describe their well-documented habit of attacking hunting osprey to steal their food or prey on adults, young, and eggs. Citing a study from Voyageurs National Park, he wrote that “increased numbers of eagles were associated with a reduction in the numbers of osprey nests, their nesting success and heronry size,” and asked whether “issues of competition and depredation [can] be ruled out as a cause of osprey’s lack of breeding success.” He further pointed to “significant scientific and anecdotal evidence of the dominant and adverse impacts eagles have on osprey.”

That concern was echoed in a newly released Saving Seafood special report titled “Bald Eagle Recovery in Chesapeake Bay Raises Red Flags for Osprey.” The report compiled over three decades of peer-reviewed research, field observations, and published accounts documenting instances in which eagles had a negative impact on osprey populations. In one study, researchers found “eagle abundance was negatively associated with nest reuse (i.e., persistence) and success of ospreys.” Significantly, the researchers found “little evidence of bottom-up limitations,” such as poor weather or declining fish stocks, and emphasized the role of eagle aggression, including harassment and food theft. While this body of research does not prove the resurgence of bald eagles in the Chesapeake to be the cause of osprey reproduction issues, it does indicate it is a possibility deserving of further investigation.

The full report is available at: https://www.savingseafood.org/science/bald-eagle-recovery-in-chesapeake-bay-raises-red-flags-for-osprey

4) Himchak also asked the Technical Committee to consider whether osprey foraging success is being affected by climate-driven environmental changes, including storm frequency, shoreline hardening, warming waters, or hypoxia. Citing a 2024 study by Bryan Watts, he noted that “deliveries of all forage species to osprey nests declined steadily from 1974 to 2021,” and asked whether “ospreys’ apparent lack of foraging success is tied to changes in local conditions that are impacting either local abundance of forage or osprey’s hunting success.”

He concluded the letter by writing, “The commission must be guided by science. Precipitous actions, taken in the name of precaution, are not always harmless. Neither Ocean Harvesters nor Omega Protein can survive without the current low level of access to the menhaden resource in the Bay. There simply are not enough ‘fishable days’ – that is, days where the weather and sea conditions allow vessels to operate – in a year to safely conduct a profitable fishery solely in the ocean. The menhaden fishery is managed in the most conservative manner in its 150 year or so history, and the reduction fishery is operating at its lowest sustained levels – in the Bay and overall – for as long as we have reliable records (i.e., since the 1950s). Precaution is already the policy. Before taking actions that could cause irreversible economic harm to this historic fishery, the Board should ensure that all reasonable avenues of inquiry into the issues facing osprey are explored.”

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.

Louisiana’s Menhaden Industry Celebrates the Beginning of the 2025 Fishing Season with Blessing of the Fleet

April 21, 2025 — As Louisiana’s menhaden fishing industry prepares for the 2025 season, beginning Monday, April 21, fishermen, their families, and local communities are gathering for the annual Blessing of the Fleet. This year’s event, being held on Easter Sunday, blends faith, family, and a deep connection to the sea as generations of fishing families come together to honor their way of life and seek protection for the season ahead.

For decades, the Blessing of the Fleet has been a solemn moment of unity, with industry workers and their families, local leaders and clergy coming together to pray for a safe and successful fishing season. From Plaquemines to Vermilion, menhaden steamers will be adorned with flags and fresh paint, as captains and crews bow their heads in prayer – continuing a tradition that has safeguarded fishermen for over a century.

This gathering is also a time to recognize the dedication and resilience of the industry’s workers. Former Louisiana Department of Wildlife and Fisheries Secretary Madison Sheahan visited Westbank Fishing last year and described menhaden fishing as “one of our state’s toughest jobs.” The start of the season serves as a reminder of the sacrifices these crews and their families make, as well as the challenges they face working on the open water.

Read the full story at NOLA.com

LOUISIANA: The Louisiana Menhaden Industry: An Economic Engine for Coastal Communities

April 7, 2025 — For more than a century, Louisiana’s commercial menhaden fishery has been a pillar of the state’s coastal economy, providing stable jobs, sustaining businesses, and fueling essential industries worldwide. From the Gulf waters to global markets, menhaden fishing supports communities and industries that rely on its valuable marine ingredients – fish meal and fish oil – for aquaculture, pet food, and human nutrition.

Leading the industry, Omega Protein and its fishing partner Ocean Harvesters, along with Daybrook Fisheries and its fishing partner Westbank Fishing, operate one of the largest and most productive fisheries in America. Their work transforms Gulf menhaden into high-value products that drive innovation and sustainability across multiple industries.

Read the full article at NOLA.com

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

Federal Court Dismisses False Claims Act “Whistleblower” Lawsuit Against Ocean Harvesters, Cooke Inc., Omega Protein

Allegations against all defendants dismissed in full

January 6, 2025 — REEDVILLE, Va. — The following was released by Ocean Harvesters:

The United States District Court for the Southern District of New York on Friday dismissed in full the qui tam “whistleblower” lawsuit United States of America ex rel. Chiles and Manthey v. Cooke Inc. et al. brought by relators W. Benson Chiles and Chris Manthey. From the outset of this case, Cooke Inc., Omega Protein, and Ocean Harvesters have maintained that the lawsuit, which alleged violations of the False Claims Act (FCA), misstated the facts and ignored the law. In granting the companies’ motions to dismiss, the court agreed that the relators’ theory was unfounded and failed as a matter of law.

At issue in the litigation is the companies’ compliance with vessel citizenship laws. For years, federal regulators have repeatedly found Ocean Harvesters to meet the relevant requirements to lawfully engage in commercial fishing activities. Through the lawsuit, the relators attempted to supplant this regulatory regime by substituting their judgment for the considered views of federal officials. In dismissing the lawsuit, the court concluded that the FCA does not permit the relators to do that, as they failed to meet the foundational requirement of even alleging that the companies deprived the U.S. government of money or property.

Separately, the court rejected the relators’ so-called reverse FCA theory, under which they asked the court to step into regulators’ shoes and assess penalties against the companies, notwithstanding the fact that those very same regulators never deemed it appropriate to pursue such remedies. Indeed, as the companies have maintained throughout, their compliance with vessel citizenship requirements meant that there would be no basis to assess any penalties.

Historical Context: Regulatory Compliance and MARAD’s Review
Ocean Harvesters has consistently demonstrated transparency with federal regulators. Beginning in 2020, the U.S. Maritime Administration (MARAD) reviewed Ocean Harvesters documentation and, as reported by Undercurrent News, “found it to be satisfactory and in compliance with fishery endorsement requirements.”

Documentation submitted earlier in the lawsuit by the defendants demonstrated that relevant ownership details were fully disclosed to MARAD, including information regarding the ownership structure. This evidence contradicted the relators’ allegations of improper concealment.

Ocean Harvesters Responds
“We are pleased that the court has dismissed this baseless lawsuit,” said Ben Landry, spokesperson for Ocean Harvesters. “The decision underscores our commitment to full compliance with federal laws and regulations, and vindicates the integrity of our operations. From the outset, we have been transparent with regulators.”

This case was decided by United States District Judge Jesse M. Furman, who has been on the court since 2012.

Judge dismisses lawsuit against Cooke alleging it operated Omega Protein illegally

January 6, 2025 — A federal judge has dismissed a 2021 lawsuit against Cooke Inc. that claimed it violated U.S. law when it acquired Omega Protein in 2017.

The lawsuit, filed by relators W. Benson Chiles and Chris Manthey on behalf of the U.S. government, was first unsealed in May 2024 after the U.S. Department of Justice declined to intervene. In the lawsuit, considered a “qui tam” action where a private citizen files on behalf of the U.S. government, Chiles and Manthey are considered “relators,” or private individuals who bring forth a lawsuit, while the U.S. government is the plaintiff.

Read the full story at Seafood Source

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

Ocean Harvesters, Omega call for increase of wind facility buffers

November 6, 2024 — Ocean Harvesters and Omega Protein are calling on the federal government to increase the buffer for wind energy facilities from 6 miles to 15 miles, stating their operations are incompatible with wind turbine arrays and  critical adjustments are needed to protect the menhaden fishing industry.

The Reedville companies made those statements as part of their public comment to the Bureau of Ocean Energy Management (BOEM), which was soliciting feedback on possible commercial wind energy development in areas off the coasts of New Jersey, Delaware, Maryland, Virginia, and North Carolina.

Read the full article at News On The Neck

Menhaden Boats vs. Offshore Wind Industry: Omega Pushes for Ocean Buffer Zone

November 5, 2024 — They are two of the most controversial industries in the Chesapeake Bay region: commercial menhaden fishing and offshore wind development. A potential fight for space in the Atlantic Ocean may be brewing between the two.

Ocean Harvesters owns and operates nine large vessels for purse seine fishing, which run a nylon net through the water to scoop up menhaden, a small feeder fish. They also use spotter planes to follow the schools of menhaden up and down the mid-Atlantic coast. The menhaden are harvested exclusively for Omega Protein, a Canadian-owned seafood company running out of Reedville, Virginia. Omega processes the menhaden for fish oil, supplements, and animal feed.

As the federal government continues to expand the offshore wind industry off the mid-Atlantic coast, the U.S. Bureau of Ocean Energy Management (BOEM) has proposed a second offshore wind energy sale in the Central Atlantic Ocean region—in many of the places Ocean Harvesters operates. BOEM asked for public feedback on a 13,476,805-acre possible commercial wind energy site off the coast of New Jersey, Delaware, Maryland, Virginia, and North Carolina. It’s all part of the Biden-Harris administration’s goal of deploying 30 gigawatts of offshore wind energy by 2030.

Read the full article at Chesapeake Bay Magazine 

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