Press Statement
CBF Applauds Decision as Necessary Precautionary Measure for Struggling Species
Virginia state regulators decided against lengthening the blue crab harvest season on Oct. 28, maintaining previously adopted regulations for a struggling population that supports one of the Commonwealth’s most valuable and iconic fisheries.
The Virginia Marine Resources Commission (VMRC) voted 6-1 on October 28 against extending the commercial crab pot harvest in December 2024 and against opening the season earlier in March 2025.
If they had been approved, the changes would have come on top of an already-approved, early December season extension and an increase in the number of hours watermen can work each day. The VMRC received 513 letters mostly opposing the extension, according to VMRC staff.
The most recent annual assessment of the blue crab population in the Chesapeake Bay and its tributaries show continued low numbers of adult females and males. Highlights from the survey include:
- Estimated total crab abundance at 317 million blue crabs, a slight reduction from last year’s 323 million blue crabs but above the 2022 record low estimate of 227 million crabs.
- Adult female crab population decreased to 133 million compared with 152 million last year. This figure falls far below the target of 215 million adult female crabs needed for a healthy population and sustainable harvest in the Chesapeake Bay.
- Juvenile crab numbers remained below average for the fifth year in a row.
- Male crab numbers decreased from 55 million in 2023 to 46 million in 2024 despite male harvest limits instituted last year.
Chris Moore, Chesapeake Bay Foundation’s Virginia Executive Director, issued the following statement:
“Virginia regulators made wise decisions to keep the winter blue crab harvest closed and not extend the crab pot season any further. The scientific study known as a stock assessment is underway and will shed additional light on the variety of factors affecting the blue crab populations. In the meantime, the VMRC’s votes bolster a holistic precautionary approach for Virginia’s blue crab management.”
“Extending the crab pot season would have put additional pressure on an iconic species that supports a historic and valuable fishery in Virginia. By maintaining the current harvest regulations, we can help ensure a sustainable future for this valuable resource.”
Further fishing restrictions likely following special December meeting
The Atlantic States Marine Fisheries Commission (ASMFC) reviewed results yesterday from its coastwide 2024 Striped Bass Stock Assessment update, which indicated that fish numbers remain below sustainable levels. The updated assessment shows that although actions taken since 2019 have reduced striped bass mortality, the population is still considered overfished. Based on these results, rebuilding the striped bass population by the intended 2029 goal is unlikely without additional management action.
The Board voted to meet again in December to consider further action. This additional time will allow technical staff to develop options for new limits that can be implemented in the 2025 fishing season.
The species is also seeing consistently low recruitment, meaning young bass are not surviving in numbers necessary to restore the population. Earlier this month, the Maryland Department of Natural Resources (DNR) and Virginia Institute of Marine Science released their annual striped bass juvenile index survey, which revealed for the sixth consecutive year that young striped bass fell far below the long-term average.
To address rising concerns over the striped bass population, ASMFC has already implemented several additional regulations. Most recently in January 2024, ASMFC issued new limits for the size and number of fish that can be harvested. States have also taken action. Maryland DNR prohibited fishing for striped bass from July 16 through July 31 when temperatures are highest and fish are most vulnerable, and recently shut down Maryland’s trophy fishing season.
This week the ASMFC Board determined that at least an additional 15 percent reduction in fishing mortality would be necessary for the stock to have a 50 percent probability of rebuilding to sustainable levels by 2029. However, options to achieve that reduction were not available at the time of the meeting.
Therefore, ASMFC voted to meet in December to consider additional conservation measures for the 2025 fishing season for both the commercial and recreational fisheries. Conservation measures for the Board to consider will be developed by the Striped Bass Technical Committee. This action will position the Board to take action for the 2025 fishing seasons.
Allison Colden, Chesapeake Bay Foundation’s Maryland Executive Director, issued the following statement:
“The current trajectory of our striped bass population is alarming. Without continued diligence by ASMFC and proactive conservation by the Board, the possibility of rebuilding the striped bass stock will continue to slip further from our reach. Protecting the remaining strong year classes spawned in 2015 and 2018 must be a top priority for any management actions considered by the Board in December. We cannot delay efforts to protect these important spawning fish.”
Chris Moore, Chesapeake Bay Foundation’s Virginia Executive Director, issued the following statement:
“Despite recent management actions, striped bass continue to struggle. It is obvious that conditions have changed and striped bass will not have the same recovery they had in the 1980s. Warmer water from climate change, habitat loss, and invasive species are all making it very hard for striped bass to bounce back. While reviewing this latest young of the year survey, stock assessment, and future 2024 data, ASMFC should consider that striped bass will need continued intervention in order to fully restore this iconic Chesapeake Bay species.”
Precautionary measures needed to protect menhaden-dependent ecosystem
Following reports of osprey chicks starving in areas of the Chesapeake Bay where they depend on menhaden for food, a workgroup tackling the issue gave its initial report to the East Coast’s fishery managers Oct. 22.
It was the first update the workgroup provided to the Atlantic States Marine Fisheries Commission (ASMFC) since it was established in August 2024. The workgroup’s formation came after scientists with the U.S. Geological Survey (USGS) presented the latest data for osprey abundance and nesting failure in the Chesapeake Bay and along the Atlantic Coast.
ASMFC charged the workgroup with considering management actions, including time and area closures for Chesapeake Bay menhaden fisheries, that would protect important fish and bird predators that rely on menhaden for food.
USGS researchers noted that the generally accepted reproductive rate for osprey population maintenance is 1.15 young for each active nest. In 2021, the average number of osprey young per nest was 0.3, setting the Bay’s osprey population on a declining trajectory. This corroborates data from the College of William & Mary’s Center for Conservation Biology, which revealed failing osprey nests in menhaden-dependent areas of the Bay.
Osprey are one of many species that depend on the small, nutrient-packed fish for food. Menhaden also feed striped bass, dolphins, and humpback whales.
But the ASMFC’s current ecosystem model bases menhaden fishing limits only on what’s required to feed a healthy striped bass population. Whether these limits are sufficient to feed a growing population of osprey is unknown.
The colossal industrial menhaden fishery is based in Virginia. However, scientific data on the impact on industrial menhaden fishing on the Chesapeake Bay is lacking, necessitating precautionary action to protect ospreys and other wildlife currently suffering from insufficient forage.
According to this week’s update, the menhaden workgroup is in need of additional time to collect and review pertinent life history data for fish and bird species of interest to develop time and area closures in response to the Board’s request. The workgroup is expected to present its final findings in spring 2025.
Chris Moore, Chesapeake Bay Foundation (CBF) Virginia Executive Director, issued the following statement:
“We know that ospreys are starving in their nests in areas of the Chesapeake Bay where they depend on menhaden for food. Regardless of the cause, fisheries managers must take action to prevent further tragedy. ASMFC should limit menhaden fishing when and where osprey most depend on them for food.
“The establishment of the ASMFC Menhaden Board Workgroup is a step in the right direction, but the workgroup must redouble its focus on the task at hand to develop meaningful precautionary measures prior to the spring ASMFC meeting. More needs to be done to ensure the long-term health of menhaden and their key role in the food chain. Additionally, Virginia must fully fund a study of the impacts of the menhaden fishery on the Bay’s ecosystem.”
Annual juvenile striped bass survey foretells bleak future for the species
Today the Virginia Institute of Marine Science (VIMS) and the Maryland Department of Natural Resources (DNR) released another year of alarming results from an annual survey of juvenile striped bass in the Chesapeake Bay. For the sixth consecutive year in Maryland and second consecutive year in Virginia, both states’ juvenile indexes fell far below the long-term average. The surveys track recruitment of striped bass, which includes reproductive success and early survival of juvenile fish that were spawned in the spring.
Consistent, record-low levels of recruitment are extremely concerning for the future of the iconic species. Not enough young fish are surviving the challenges of warmer water temperatures, especially in the spawning reaches, and invasive predators like blue catfish. The result will be less large, adult fish that can be targeted by anglers and watermen in the future and delayed rebuilding of the striped bass population. According to the survey, the 2024 young-of-year index for Maryland was 2.0 fish per sample, significantly lower than the long-term average of 11.0. In Virginia, the index was 3.43 fish per sample, with a historic average of 7.77.
Low recruitment in the region has already resulted in increased conservation measures for the striped bass fishery. In January, the Atlantic States Marine Fisheries Commission (ASMFC) issued new fishery regulations to help reduce adult striped bass mortality, including limits on the size and number of fish that can be harvested. At their next meeting on October 23, ASMFC will review results of an updated coastwide striped bass stock assessment. This long-awaited effort will gauge the overall health of the striped bass population, shedding light on the effectiveness of current regulations and overall health of the striped bass population.
Allison Colden, Chesapeake Bay Foundation’s Maryland Executive Director, issued the following statement:
“The annual survey of juvenile striped bass in Chesapeake Bay gives us a sense of what the future will look like. With these latest results, that picture is bleak.
“Juvenile numbers are closely linked to environmental conditions, including water quality and habitat availability in key nursery areas like Chesapeake Bay. Alongside improving the coastwide spawning stock, Bay states must work diligently to reduce threats to young striped bass, including predation from invasive predators like blue catfish. Many people in Maryland rely on striped bass for their food, their businesses, and their futures. Without action, that will all be at risk.”
Chris Moore, Chesapeake Bay Foundation’s Virginia Executive Director, issued the following statement:
“This year’s results continue a disturbing trend for our most iconic Bay finfish and makes it clear that rebuilding the striped bass population is not guaranteed. We’ve advocated for a host of actions over the years to get striped bass back on the right track. This juvenile survey data proves again that we need to do more to improve spawning success through both habitat improvements and fisheries management actions such as seasonal closures.
“With six consecutive years of poor recruitment, there will be fewer spawning adult fish left to help the population recover. Climate change and invasive predators like blue catfish will also make recovery efforts more challenging. We urge ASMFC to review this data along with the results of the new stock assessment and implement additional conservation measures for the fishery during times when they will make significant conservation gains.”
Reps. Jen Kiggans (R-Va.) and Alexandria Ocasio-Cortez (D-N.Y.) have introduced legislation to create a competitive grant program to support restoring and protecting oyster reefs.
The Oyster Reef Recovery Act of 2024 would establish an Oyster Restoration and Conservation Program within the National Oceanic and Atmospheric Administration (NOAA) and allow it to dedicate up to $15 million annually for the next five years to oyster recovery work.
Grants could be used to identify priority reefs for restoration, evaluate the health of oyster reefs, ensure their resilience, build conservation partnerships, develop tools for monitoring the success of recovery work, collaborate on best management practices, and support workforce training, especially to benefit underserved communities.
The federal government, state, local, or tribal governments, nonprofit organizations, higher education institutions, the shellfish industry, and private individuals or entities would be eligible to apply for the grants.
Oyster reefs are vital to the health of the Chesapeake Bay ecosystem. They improve water quality, provide habitat for fish, crabs, and other aquatic species, and support a fishery at the heart of the regional economy. Restoring the native population, currently just a small fraction of its historical size due to disease, pollution, and overharvesting, is essential to restoring the Bay and its waterways.
Virginia and Maryland are on track to successfully restore oyster populations and reef habitat in 11 Bay tributaries by the end of 2025. They committed to this ambitious goal a decade ago in the Chesapeake Watershed Recovery Agreement of 2014.
Chesapeake Bay Foundation Federal Director Keisha Sedlacek issued the following statement:
“Healthy oyster reefs are essential to a healthy Chesapeake Bay.
“The Oyster Reef Recovery Act would ensure that the National Oceanic and Atmospheric Administration prioritizes recovering these incredible living resources by creating a program explicitly focused on this goal.
“The Chesapeake Bay Foundation applauds Rep. Kiggans for her bipartisan leadership on restoring this keystone species. We appreciate her efforts to further highlight the importance of a healthy oyster resource and expanding NOAA’s capabilities, which have been instrumental in guiding successful efforts in Virginia and throughout the Chesapeake Bay.”
Grants Highlight Importance of Virginia’s RGGI Reentry and Investment in Climate Resilience
Another round of grant funding opened this month for projects that strengthen communities’ resilience to climate change and protection from extreme weather through the Community Flood Preparedness Fund.
The Chesapeake Bay Foundation (CBF) is encouraging communities to take advantage of this fifth round of grant funding, which supports a variety of projects including flood mitigation measures, stormwater management initiatives, coastal resilience projects, and green projects, that feature natural solutions to flooding. Other grant rounds have supported projects in localities from Petersburg to the Town of Chincoteague on the Eastern Shore to Buchanan County in Southwest Virginia.
The announcement of the grant funding comes as Southern Environmental Law Center lawyers argued in court last week to reinstate Virginia in the Regional Greenhouse Gas Initiative (RGGI). RGGI, a multi-state carbon emissions reduction program, was the state’s only dedicated funding source for community-based climate resiliency projects. CBF filed a legal brief in court to support the legal effort.
RGGI has been instrumental in reducing greenhouse gas emissions, as well as funding the Community Flood Preparedness Fund (CFPF). CFPF in turn supported these climate adaptation grants. After Virginia withdrew from RGGI, no money was allocated in the second year of the state budget for CFPF.
The grant round will be open for 60 days, closing on November 9. Learn more about eligibility requirements and the application process.
Jay Ford, Virginia Policy Manager at the Chesapeake Bay Foundation, issued the following statement:
“We’re coming out of the hottest summer on record, and a year where communities across Virginia suffered through extreme weather causing school closures and damage to their homes and businesses. The need for effective climate resiliency projects has never been more urgent and the Community Flood Preparedness Fund gives localities the opportunities to invest in their communities prior to damage occurring. We encourage communities to apply for these grants and invest in solutions that will protect their residents and property from the effects of climate change.”
“It’s an understatement to say it’s disappointing that there’s no money set aside for the Community Flood Preparedness Fund in the second year of the budget. This lack of funding will set back Virginia’s efforts to address climate change and protect its communities. This highlights one of the many reasons Virginia should return to RGGI as soon as possible. CBF continues to advocate for additional General Assembly funding for the CFPF and the state’s participation in RGGI to reduce our emissions and strengthen our resilience to inevitable extreme weather.”
To protect the health of residents and waterways, the Caroline County Commission unanimously passed new legislation this week that will strengthen local oversight of storage of food processing residuals, also known as industrial sludge or dissolved air flotation (DAF) material.
For over a year, county residents have sought relief from the irresponsible use of food processing residuals being stored and spread in their communities, citing threats to the local environment, rivers and streams, public health, and way of life. In response, County Commissioners passed a moratorium in December on the use of land or structures for the material’s storage. Then in July, Commissioners proposed permanent legislation that would require parties storing food processing residuals in Caroline County to hold a permit and meet certain conditions intended to protect the public and environment from harm.
This action complements recently-enacted state legislation requiring a permit for the handling, transportation, storage, and land application of sludge material on farmland. Caroline County Commissioners provided extensive testimony that was key to the state permit program legislation’s passage.
Chesapeake Bay Foundation Maryland Advocacy Director, Alan Girard, issued the following statement:
“Caroline County has been a statewide leader in responding to the need to better regulate food processing residuals in Maryland. They heard the concerns of their constituents and acted on them.
“Misuse and misapplication of food processing residuals are a major threat to Maryland’s environment and health. Caroline’s county-level action, combined with state legislation, will provide residents with strong protections against misuse of this material, and will ultimately help prevent Maryland farms from being a dumping ground for sludge. We commend the Caroline County Commissioners for prioritizing residents, health, and the environment.”
CBF Calls for Menhaden Study and Additional Precautionary Measures
Amid continuing concerns about the availability of menhaden in the Chesapeake Bay, a study released this week shows that osprey chicks are starving in nests in parts of the Bay where they typically depend on menhaden for food.
The most recent update, released by the William and Mary’s Center for Conservation Biology, shows that osprey young are not surviving at rates that sustain the population.
The primary factor for the loss of young osprey is starvation, according to the study. The findings this week support other recent surveys by USGS and Center for Conservation Biology showing osprey nesting failures.
The latest study surveyed data from 12 different sites this year in both Virginia and Maryland.
Osprey young were struggling to survive at 10 sites in saltier waters where osprey primarily depend on menhaden for food. However, osprey young had much higher survival rates in two freshwater sites studied for reference, where they eat mainly catfish and gizzard shad.
Menhaden are a key part of the Chesapeake Bay food chain, serving as a food for striped bass, osprey, and whales.
For years, the industrial harvest of menhaden in the Chesapeake Bay by Omega Protein and affiliate Ocean Harvesters, owned by Canada-based Cooke Inc., has raised concerns due to threats to other species.
Last month, the Atlantic States Marine Fisheries Commission voted to form a workgroup to consider additional restrictions on the industrial harvest of menhaden, following a presentation of survey results showing low osprey nesting success.
Virginia failed to fund a study earlier this year that would shed much-needed light on potential localized depletion of menhaden in the Chesapeake Bay. Existing data concentrates solely on the menhaden population coastwide, leaving unanswered questions about the impacts of industrial fishing in the Bay.
Chesapeake Bay Foundation (CBF) Virginia Executive Director Chris Moore issued the following statement:
“The management of the menhaden fishery, one of the most critical species in the Bay ecosystem, is operating with a question mark. We don’t have a full understanding of the impacts of industrial fishing in the Bay because Omega Protein continues to delay much needed scientific answers to this urgent question.
“This year’s osprey data adds to the growing concerns about the number of menhaden in the Bay and the importance of a robust menhaden population for species that depend on them for food and Virginia’s economy.
“We must follow a precautionary, ecosystem-based approach to setting limits on the menhaden fishery. That approach must include the study of the industrial fishing impacts to the Bay, as well as considering seasonal fishing closures from the Atlantic States Marine Fisheries Commission.”
CBF applauds current efforts to hold Ridgely’s Reserve accountable
In an important stand to reduce harmful polluted runoff from entering the Gunpowder River in Harford County, Maryland’s Office of the Attorney General, on behalf of Maryland Department of the Environment (MDE), filed a legal complaint today against developers of the Ridgley’s Reserve housing development for ongoing water pollution violations.
This action follows the Gunpowder Riverkeeper’s—represented by Chesapeake Legal Alliance (CLA)—recent ‘Notice of Intent’ to sue the development under the Clean Water Act in August.
Ridgley’s Reserve in Joppatowne, Maryland, includes more than 100 acres along Foster Branch cleared for residential homes. When the project began in 2022, all trees and vegetation were removed simultaneously, exposing soil to the elements and making sediment extremely susceptible to runoff. The developers continuously violated federal and state law by failing to keep the soil from washing off into Foster Branch and the Gunpowder River.
Residents describe the Gunpowder as running orange with mud. In 2023, despite Bay-wide increases, underwater grasses were found to have declined 80-87% in the river.
After roughly 30 inspections, MDE detected consistent violations at the site. The complaint filed suggests a financial penalty of up to $25,000 per violation to enforce compliance and to restore the aquatic resources already harmed by pollution.
Paul Smail, Chesapeake Bay Foundation (CBF)’s Vice President for Litigation, issued the following statement:
“Serial polluters need serious legal and economic consequences.
“After years of noncompliance with environmental law, consistently contaminating Gunpowder River, and harming local communities, it’s time to see Ridgley’s Reserve held accountable. We are pleased to see MDE and the Attorney General take this strong step towards protecting our shared natural resource. Much credit is due to the Gunpowder Riverkeeper and local resident advocates for undoubtedly spurring this action.
“Stormwater runoff remains one of the fastest growing sources of pollution in the Chesapeake Bay watershed. To keep pace with intense development pressure and effects of climate change, Maryland must take strong action if we’re to have a cleaner future.”
Seasonal temperature changes combined with polluted water, algal blooms, and dead zones, created deadly conditions for fish in the Baltimore Harbor on Wednesday, September 4. State officials identified roughly 24,000 dead fish in the Harbor, mostly menhaden. Menhaden are a key species in Chesapeake Bay food chains, but concerns are mounting over their numbers in the Bay.
Baltimore Harbor educators with the Chesapeake Bay Foundation (CBF) observed the dense algal bloom on Tuesday, noticing the water’s stark change in color and sulfur-like smell. On Wednesday, mounds of floating dead fish followed.
While small fish kills are a natural occurrence during seasonal changes—when days are warm and nights are cold—this magnitude is alarming. To compare, in late August a similar algal bloom killed approximately 1,700 fish.
Thermal inversion in the water column, which contributed to this fish kill, occurs when cooler, denser water sinks to the Harbor bottom, and lifts up warmer water and sulfur bacteria. These bacteria photosynthesize like plants, but consume oxygen rather than producing it, and release the “rotten-egg” smell currently permeating the Harbor.
At the same time, algae have been thriving on a diet of nutrient-rich stormwater runoff and pollution, and enjoying waters warmed by climate change. A recent report by the Environmental Protection Agency (EPA) showed that, despite improvements in many clean water metrics, Maryland is failing to make progress on stormwater remediation, holding back progress on overall Bay health and contributing to the possibility of additional fish kill events.
Though thermal inversions, sulfur bacteria, and algae occur naturally, their impact on Harbor life is greatly exacerbated by pollution and climate change. Having to combat stressors from all angles, both natural and man-made, makes fish highly vulnerable. Climate change and pollution only make these conditions worse.
Gussie Maguire, CBF Maryland Staff Scientist, issued the following statement:
“It’s crucial that we limit further stressors on our beloved aquatic species. Menhaden are the bedrock of the Bay ecosystem, supporting many other species’ diets. They already face immense pressure from industrial fishing lower in the Chesapeake Bay. Reducing nutrient pollution from stormwater runoff in Maryland would help expand habitat for these critically important fish. Right now, the Bay’s menhaden are pinched between industrial fishing and dead zones.
“Earlier this year, an EPA progress report showed that Maryland has made zero progress on reducing polluted stormwater runoff from entering our waterways. Pollution from stormwater has outpaced any management improvements due to increased development pressure and more intense rainfall from climate change. If our regulations remain par for the course, wildlife and people will continue to suffer.”
