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.