By Michael D. Shear
Washington Post Staff Writer
Tuesday, August 1, 2006; B02
RICHMOND, July 31 -- Virginia Gov. Timothy M. Kaine (D) on Monday imposed annual limits on menhaden fishing in the Chesapeake Bay, a move designed to protect a critical piece of the bay's food chain while keeping alive a century-old Virginia industry.
The small, oily fish, similar to herring and shad, help filter impurities from the bay's water and serve as the primary diet for many of its larger fish, including the popular striped bass. Menhaden do not end up on dinner tables, but they are a key source of oils used in dietary supplements for humans.
The fate of the menhaden, whose health has been questioned in recent years, has sparked a pitched battle between environmentalists and Omega Protein Corp., which squeezes oil from the bony fish to produce omega-3 supplements. The company, now based in Houston, originated in the Northern Neck in the late 1800s and still operates its largest processing plant in Reedville.
Flanked by environmentalists and officials of Omega Protein, Kaine said his decision to limit menhaden fishing for five years will give scientists time to conduct more menhaden research while allowing the company's 275 Reedville employees to maintain their livelihoods.
"We again demonstrate that protecting Virginia's environment and supporting our economy can go hand in hand," Kaine said during an event at First Landing State Park in Virginia Beach.
In Maryland, where there is no commercial menhaden fishing, Gov. Robert L. Ehrlich Jr. (R) praised Kaine for finding a solution to a difficult environmental problem.
"This has never been a partisan issue, never should be a partisan issue," said Ehrlich, joining in Kaine's announcement by satellite from Sandy Point State Park. "You have shown great leadership and a great conservation ethic."
Virginia and North Carolina are the only states where industrial harvest of menhaden is permitted in state-controlled waters, which extend three miles from the shoreline. Kaine's limits -- of up to 109,000 metric tons per year -- must be voted on by the Virginia legislature. The plan also will be reviewed this month by the Atlantic States Marine Fisheries Commission, a multi-state group designed to oversee fishing management issues along the Eastern Seaboard.
That group has been pushing for Virginia to accept a slightly tougher menhaden cap in the Chesapeake Bay for years and had threatened to seek a ban on catching the fish if Virginia did not agree to limits.
The ASMFC had previously given Virginia until July 1 to act on regulating the fishery. Without a response, the commission could have voted Virginia out of compliance at its Aug. 16 meeting, triggering a process that could have led to a fishery shutdown by the U.S. Department of Commerce.
"The governor has been trying to work something out," said A.C. Carpenter, chairman of the commission's menhaden management board. "I am encouraged that the . . . groups all apparently have agreed to work together on this matter."
Omega Protein's Reedville facility is the only remaining one on the East Coast to catch and process menhaden.
There, workers "squeeze the oil out of the fish, and the remaining parts of the fish we grind up into a meal that is used for animal feed, fertilizer and several other industrial uses," said Toby Gascon, director of government affairs for the company.
Gascon said the company does not concede that the menhaden is threatened. He said recent surveys of the menhaden population along the East Coast suggest the species is healthy and is not being overfished.
"All of the existing science suggests there's not a problem," he said after Kaine's announcement.
But Gascon said the company agreed to support the governor's limits because of a provision that allows it to exceed the cap in one year by the amount that the previous year's catch was below the limits.
"This allows us to continue at the same levels we have been," Gascon said.
Bay advocates also praised the action, saying that the company's support of the plan will help scientists determine the extent of the threat to the menhaden and the bay ecosystem.
"I have to give credit to Gov. Kaine's staff and himself -- they really played hardball with Omega," said Todd Keller, director of Menhaden Matter, an alliance of environmental and recreational fishing organizations.
Virginia Secretary of Natural Resources L. Preston Bryant Jr. said the governor's limits provide an appropriate balance.
"Omega Protein has been part of the Northern Neck economy for more than a century. You can't discount that whatsoever," he said.
Staff writers Elizabeth Williamson and Matthew Mosk contributed to this report.