August 18, 2023

Governor Glenn Youngkin

Patrick Henry Building

111 East Broad St

Richmond, VA 23219

RE: VA Petition: Gear Type Use in Virginia Waters Pertaining to Depth of Current Purse Seine Nets

Dear Governor Youngkin,

Thank you for your consideration of these comments and the referenced petition for regulation. The American Saltwater Guides Association is a coalition of conservation-minded fishing guides, small fishing-related businesses, and private anglers who believe in the concept of “Better Business through Marine Conservation.” Menhaden are a critical species for both their marine ecosystem roles and as forage for predator species, including striped bass, bluefish, bluefin tuna, whales, and sea birds. The Chesapeake Bay is the United States’ largest estuary and, when healthy, is a remarkable ecosystem that supports productive commercial and recreational fisheries and other recreational opportunities for thousands of Americans. In recent years, however, it has become apparent that Virginia’s menhaden reduction fleet is using industrial fishing gear with unnecessary and additional risk to the resource. ASGA supports the public petition for rulemaking—"Gear Type Use in Virginia Waters Pertaining to Depth of Current Purse Seine Nets.”

ASGA has engaged on menhaden issues in the Chesapeake Bay for years. For example, ASGA was heavily involved in advocacy efforts to implement ecological reference points for menhaden at the Atlantic States Marine Fisheries Commission.[1]  ERPs were a step in the right direction[2]. However, ASGA believes that an industrial reduction fleet should utilize fishing gear that is functionally compatible with the waters and ecosystems in which it operates.

The reduction fleet predominantly uses purse seine nets to prosecute menhaden. When used properly and responsibly, this gear can cause less harm to non-target species. However, when used improperly—such as fishing waters shallower than the height of the net’s curtains—can cause harm to non-target species[3]^{, [4]} (there are numerous examples of wasted marine resources due to this fishery) and benthic habitats in certain scenarios. Fishing these nets in shallow waters can also lead to “hang-ups,” resulting in abandoned fishing gear and wasted marine resources. ASGA believes that limiting where these purse-seine nets can set to deeper waters where gamefish can escape the net’s opening and bottom contact is avoided is in line with the Marine Stewardship Council’s Sustainable Certification.[5]

ASGA supports the “Gear Type Use in Virginia Waters Pertaining to Depth of Current Purse Seine Nets” petition and looks forward to Virginia’s Marine Resources Commission considering it. While menhaden are not considered overfished or subject to overfishing throughout the Atlantic Coast, we do not yet have the science to estimate the abundance or sustainability of the Chesapeake Bay’s population—partly due to data-confidentiality issues and Ocean Harvester’s failure to share critical data with scientific entities. As an association, ASGA firmly believes that in the absence of perfect science, fisheries management should be precautionary, and we view this petition as a step in the right direction for the Chesapeake Bay’s menhaden fishery.

Thank you for your consideration of these comments and please reach out if you have any questions.

Sincerely

Tony Friedrich                                                            Will Poston
Vice President and Policy Director                            Policy Associate

American Saltwater Guides Association                    American Saltwater Guides Association

tony@saltwaterguidesassociation.org                        will@saltwaterguidesassociation.org

(202) 744-5013                                                           (202) 577-8990

CC:      Pat Geer, Chief of Fisheries Management, VMRC; Jamie Green, Commissioner, VMRC