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And the beat goes on

Virginia sues over menhaden regulations
January 27, 2018

Those of you who have been following the menhaden saga and thought it was over for a while will be disappointed to learn the wonderful Commonwealth of Virginia has sued the federal government because, according the data supplied by the Atlantic States Marine Fisheries Commission, the menhaden stock is not overfished and overfishing is not occurring. So instead of being grateful that their menhaden quota was increased by 8 percent and not cut, they claim the status of the stock should allow the menhaden industry an increase in their landings.  

All those people who wanted a decrease in landings until the ASMFC had a chance to establish a plan that took into consideration the importance of menhaden to various other species will be highly disappointed. Unfortunately, they will have little to say now that the issue has landed in federal court. I suppose the Coastal Conservation Association and other groups could file a countersuit, but that seems to be a waste of money.

In Virginia, menhaden are the only species of saltwater fish not regulated by the Virginia Marine Resources Commission. That job falls to the Virginia Legislature, where every member, regardless of party, receives a donation from Omega Protein, the company that processes menhaden in Reedville, Va. A press release from the Menhaden Fisheries Coalition, a part of the Saving Seafood group, claims the Atlantic States Marine Fisheries Commission allowed political pressure to determine the menhaden quota and allocation.

The ASMFC set the overall quota at 216 metric tons, an 8 percent increase from the previous quota of 2,000 metric tons. The MFC wanted an increase to 314 metric tons, which they say poses only a minimal risk of overfishing. In addition, the ASMFC allocated 0.5 percent of the quota to states that had no previous record of a menhaden fishery. The quota for those states came from Virginia and New Jersey, and was quite unpopular in those jurisdictions.  

Finally, ASMFC will allow states that have unneeded quota to trade that number of menhaden with states that want more quota.  Exactly what they will trade for more menhaden is unclear. I guess Delaware could trade with New Jersey for the striped bass quota they stole from the commercial fishery and promptly added to the recreational quota.

I suspected the Commonwealth of Virginia would pass an increase in menhaden quota, then when ASMFC found the Commonwealth out of compliance, they would appeal to the Secretary of the Interior who would uphold their action as he did for New Jersey, when ASMFC found that state out of compliance on flounder.

Fishing for fun

Many years ago, A.J. McLane wrote about the stages a fisherman goes through in his or her life. I must admit I have seen all those stages, and perhaps a few more.

One begins by hoping to catch anything that will bite a baited hook. I began with the always-sporting millroach that I caught on small balls of Bond white bread.

Then my fishing horizons expanded, and I went for sunfish on garden hackles dug from my grandfather’s garden that had once been part of a chicken coop. That was some worm-rich soil.

Once I had my bicycle, the world opened up to include Naamans Creek in Claymont on out to Beaver Run and the Brandywine Creek in Beaver Valley. Here I began to catch fish that were actually large enough to eat. Unfortunately, they were mud suckers that pretty much tasted like what their name implies.

My 1951 Plymouth increased my range to include the spillway at Records Pond in Laurel. Since my grandparents came from this town, I visited here quite often and did a little fishing when they wanted to dump me off so they could spend more time with old friends. Once I had my own car, I could fish all day without interruption.

After four years in the Navy, I began to fish more saltwater, beginning in the surf and Indian River Inlet, and ending up in the canyons. During this time, I developed an attitude that fishing inside of 30 fathoms wasn’t worth doing. A relocation to Virginia Beach and exposure to the Chesapeake Bay Bridge-Tunnel changed that attitude. I also began to run a charter operation and saw how much fun people had catching all sorts of fish.

That was also my first encounter with fishing snobs. Some anglers fished to impress themselves and a few others who knew little about fishing. They considered fly fishermen or light tackle anglers to be much more important than those of us who resort to bait and use sensible gear. This attitude is wrong. Fishing is supposed to be fun, and so long as you enjoy yourself, it doesn’t matter one iota how you go about enjoying your pastime.

  • Eric Burnley is a Delaware native who has fished and hunted the state from an early age. Since 1978 he has written countless articles about hunting and fishing in Delaware and elsewhere along the Atlantic Coast. He has been the regional editor for several publications and was the founding editor of the Mid-Atlantic Fisherman magazine. Eric is the author of three books: Surf Fishing the Atlantic Coast, The Ultimate Guide to Striped Bass Fishing and Fishing Saltwater Baits. He and his wife Barbara live near Milton, Delaware. Eric can be reached at Eburnle@aol.com.

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