As of the end of June, landings for the so-called reduction fishery came in at 24,000 metric tons, Bowman told the management board of the Atlantic States Marine Fisheries Commission (ASMFC) this week.

He said that meant landings this year would almost certainly come in below the 51,000-ton cap the interstate commission imposed last year — a cut of more than 40 percent that the General Assembly balked at adopting.

Bowman, joined by Maryland’s director of fisheries, asked the board to hold off declaring that Virginia was not in compliance with the cap because the General Assembly had not written the 51,000-ton limit into state law.

That finding, if adopted by the commission and accepted by U.S. Secretary of Commerce Wilbur Ross, could shut down the menhaden fishery, which employs about 300 people working on Omega Protein’s fishing boats and its processing plant in Reedville, on the Northern Neck. While the cap applies only to menhaden caught by the big “purse seine” vessels Omega operates to catch fish to be processed for oil and fish meal, board members said a finding of noncompliance could shut down the bait fishery, in which smaller operators use a different technique to catch fish used by crabbers and in commercial fin-fisheries

Instead, Bowman and Blazer proposed that the commission find Virginia out of compliance if landings this year actually exceeded 51,000 tons.

That effort failed, but the board decided to delay until February acting on an alternative declaring Virginia out of compliance.

Omega spokesman Ben Landry said he believed the menhaden board’s decision to delay acting reflected commissioners’ new-found concern, underlined by NOAA’s Lynch, about the scientific basis for the cap.