The Atlantic States Marine Fisheries Commission announced on Thursday, 7 February, that it would suspend taking action against the state of Virginia for not complying to a reduced quota for its menhaden fishery in Chesapeake Bay.
The commission reached that decision by a 17-1 vote, with only Pennsylvania in opposition. Previously, its Atlantic Menhaden Management Board had considered requesting sanctions, including the possibility of a ban on menhaden fishing in the bay, after the state lawmakers did not pass legislation that acknowledged a cap reduction to 51,000 metric tons for the 2018 and 2019 seasons.
“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,” the commission said in a release.
The previous cap was 87,216 metric tons. However, critics of the cut – including Omega Protein, which harvests most of the Chesapeake menhaden – said the reduction was not based on the best available scientific information. Even council members noted the catch has remained under quota levels every year since 2012.
Commission officials said they set the cap in a nod to the species importance to predators in the bay. However, they noted additional information, due next year, will help the commission decide whether to increase the cap in future years.
The ASMFC did reserve the right to take action against Virginia should the state exceed the cap this year. U.S. Commerce Secretary Wilbur Ross would still need to sign off on any punishment, and critics said Ross probably would not have approved sanctions because the fishery was not out of compliance.
"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," Ben Landry, Omega Protein’s director of public affairs, said in a statement. "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."
