Counting Alewives at the Milltown Dam fishway on the St. Croix river in New Brunswick, Canada, Photo courtesy of the Portland Press Herald

Fish ladders and elevators “aren’t working like they’re supposed to, and fish aren’t making it to where they need to go.” So began a recent article in Science magazine. In many cases this assertion is spot on – but in others, fish passages have been remarkably successful. Maine has examples of both.

To find a faulty fish passage,  one need look only at the dam on the Androscoggin River between the towns of Brunswick and Topsham, Maine. The fish ladder at that dam quite simply does not work and the number of fish that successfully navigate its labyrinth is paltry. If anadramous fish like salmon, shad or river herring are ever to return to the reaches of the Androscoggin, significant changes will need to be made to that fish ladder. Better yet would be, where possible, the removal of dams through collaborative efforts like those that led to the success of the Penobscot River Restoration Trust’s efforts or the removal of the dam in Winterport several years ago.

On the other hand, fish ladders remain an important management tool in areas where dam removal cannot be achieved. Indeed, there are a few fish ladders that have been very successful at passing fish, especially when they are allowed to work. For example, in Maine fish ladders at the first three dams on the St. Croix River worked remarkably well – in just 5 short years of operation in the 1980’s, the number of alewives successfully surmounting the 3 dams via fish ladders went from 20,000 to more than 2.5 million. And in 1995, when, for reasons that had nothing to do with science or logic, a state law was passed closing two of the fish ladders, the number of alewives plummeted to less than 1000. Today, even after one of the fishways was allowed to be opened in 2008, alewives are still barred from 98% of the waters that they use to spawn. That’s why CLF will continue to fight to repeal that law, either through the Courts or with our allies in the Legislature.

That said, the data provided in the Science article is depressing. At three major rivers on the East Coast that less than 150 years ago had been teeming with anadromous fish – the Merrimack, the Connecticut and the Susquehanna – virtually no fish –  706, 86, and 7 respectively – passed through the fish ladders at those dams. The author’s call to remove those dams would no doubt increase those numbers significantly and should be pursued to the extent feasible. Alternatively, the fish passage at those and other dams should be evaluated as to effectiveness and those that fail as miserably as those on the Merrimack, Connecticut and Susquehanna, as well as the Androscoggin, should be repaired, modified or replaced with fish passage that does work, like that on the St. Croix.

Tides in Maine vary enormously along the coast – tides along the sandy southern coast in York range between 5 to 7 feet while the tides in Eastport range from 18 – 21 feet. This week’s election results in Maine were more like the Eastport tides than the ones in York.

Maine is the first state to enact a same-sex marriage law by a vote of the general public. Mainers chose to replace Senator Olympia Snowe, a Republican long known for her independent streak, with an actual independent, former Governor and now Senator-elect Angus King. And Mainers also voted to replace the Republican majorities in the State House of Representatives and the State Senate with a Democratic majority in both houses. All of this is good news for Maine and for Maine’s environment.

Senator-elect King is an eloquent and thoughtful leader when it comes to climate change, an issue that received embarrassingly little attention in the Presidential election until the nation witnessed the devastation and loss of Superstorm Sandy, just the latest in a series of increasingly severe weather events that have caused death and destruction along the Atlantic coast. Prior to running for Senate, King not only talked the talk but he walked the walk, developing wind power projects here in Maine. While CLF is likely to have its disagreements with Senator-elect King on certain matters, his election to the Senate will provide that body with a strong voice for acting on climate change in a way that is both good for our communities and good for our economy.

Closer to home, the loss of one party rule at the State House in Augusta marks the end of the hegemony of the LePage Administration over the past two years. With control of both the House and the Senate, the LePage administration was able to push through many changes to Maine’s regulatory structure to the detriment of the environment with little benefit to the economy. Whether that was in limiting access to the Board of Environmental Protection, making it easier for a Canadian company to conduct open pit mining or eviscerating the Land Use Regulatory Commission, the track record of the current administration has been deeply troubling and well worth the D grade it received from the Maine Conservation Voters recently.  Indeed, had it not been for a few courageous and principled members of his own party, the damage would have been even greater.

With both chambers of the legislature now controlled by what the Governor calls the “opposition,” the LePage tide is now receding and one hopes that means that instead of trying to recreate the false dichotomy of environment vs. economy, Augusta can focus on the real challenges and opportunities for Maine’s environment and its economy.

Photo courtesy of Lhoon @ flickr.com

The concept of a private East-West highway that would cut across Maine is a proposal that CLF has had significant reservations about, for various reasons, since its inception. Recent events and discussion have only heightened those reservations.

The East-West Highway has been an on-again, off-again proposal since at least 1937. The concept last came under serious scrutiny in 1998, resulting in a report that the costs of building an East West highway outweighed the benefits, and that report’s focus was largely on the economic costs and benefits and not the environmental or community costs. The most recent proposal has generated a storm of criticism. A recent panel discussion of transportation experts that included Peter Mills, former State Senator and the current head of the Maine Turnpike Authority and former rail executive Matt Jacobson laid out the various economic and environmental problems with the proposal. See a video of that presentation here.

During the last legislative session, we at CLF believed that the decision by the Legislature to fund a study of a proposed private East West Highway to the tune of $300,000 was a waste of scarce state resources, both in the $300,000 that was allocated for the study and in the amount of time that the Department of Transportation staff would have to spend on designing the scope of that study. The proposal has proved so unpopular that the sponsor of the legislation, State Senator Doug Thomas, recently asked the Governor to suspend the study until more trust could be established with local people as noted in these articles here and here. Rather than slow down the study, as the Governor has proposed or propose new legislation to prevent a private party from exercising the power of eminent domain as Senator Thomas has done (a thinly veiled effort by Senator Thomas to change the subject to one he is more comfortable with although just as much of a red herring), Maine would be better off in evaluating how to increase the amount of traffic on its rail system.

As others have noted, Maine has an East West Highway: our railroads.  Rather than throw good money and time after bad, we should be spending time and money on how we can create better incentives and improve efficiencies in order to increase the flow of goods that leave and enter Maine via rail. The recent news that the Maine Northern Railway has tripled its volume of traffic is indicative of the economic value that rail can bring to Maine, especially for its natural resource industries.

In addition, the environmental benefits of not only using an existing system and avoiding all of the impacts that constructing a major new highway would have but also the reduction of greenhouse gas emissions by transferring the shipping of freight from highway to rail are enormous. So perhaps the best result of this timeout would be for the money originally allocated to yet another study of an East-West highway to be reallocated to a study of maximizing the use and benefits of Maine’s existing infrastructure that can move goods across Maine.

Photo by Robert F. Bukaty, courtesy of Portland Press Herald Archives

As mentioned in prior posts here and here, CLF’s lawsuit to reopen the St. Croix River to alewives resulted in this letter from EPA agreeing that the Maine Alewife Law violated water quality standards for the St. Croix.

Yesterday, the Maine Attorney General responded to that letter here and the response is disappointing to say the least.  The first half of the letter is not even related to the Alewife Law but rather a gratuitous attempt to bolster the State’s efforts to restrict the jurisdiction of the Passamaquoddy Tribe and other Maine tribes.  The second half of the letter does not contest the findings in EPA’s letter that the Alewife Law constitutes a change in the St Croix’s water quality standard but rather attempts to justify that change as a fishery management exercise unrelated to the Clean Water Act.

As I noted in a interview yesterday on MPBN, you can put lipstick on a pig but it is still a pig.  Nor is the State’s “commitment” to the so-called adaptive management plan for the St Croix currently under consideration by the International Joint Commission of any real value.  As noted in this article by Colin Woodard, the adaptive management plan may be better than nothing but just barely.

What this means for the St Croix is really nothing more than status quo – passage at the Grand Falls dam will remain closed to alewives as long as the State is willing to let bad science and a small minority of self-interested fishing guides call the shots.  This is even more unpalatable given the current crisis that our lobster fishery is in. A resurgent alewife population (close to 3 million before the State closed fish passage) could only help that industry that can use alewives as bait fish. A robust alewife population would also help the Maine groundfish and whale watching industries, for whom alewives are a key source of food.  For these reasons, as well as the health of the St Croix ecosystem as a whole, CLF remains committed to restoring alewives to their native habitat in the St. Croix.  Stay tuned for next steps.

Bike Lane on Park Ave, near Deering Oaks Park, Portland. (Photo courtesy of Corey Templeton @ flikr)

I felt like thumping my chest last week after reading an article in the Portland Press Herald about the decline in the number of cars registered here in Portland and the increasing number of people who are getting to and from work by bus, bike or foot. Ours is a small office (4 full time employees and this summer 4 student interns) and it was not unusual to see 5 or 6 bikes in the office, representing commuters from Deering Oaks, the West End, South Portland and Falmouth. Last Spring, one of our interns, a 3rd year law student commuted from Biddeford by bus. As our intern Brian Lessels wrote on this blog, he, like others at CLF, are biking devotees.

photo courtesy of Justin D. Henry @ flickr

As the article points out, the move away from relying on cars has been born both of necessity due to their high costs and of choice. Certainly, no one wants Maine’s or the country’s economic challenges to persist but to the extent those challenges create the opportunity for more people to choose to both save money and reduce their environmental footprint by driving less, CLF will continue to encourage those choices by supporting commuting alternatives and incentives, public transportation opportunities, and livable and compact developments in our existing cities.

Getting out of our cars more and getting to work by bus, bike or sidewalk is a win-win proposition for our health, our communities and our environment. For more on CLF’s transportation work in Maine, see this fact sheet.

Sand Beach, Mount Desert Island, Maine. Photo: timsackton@flickr

Summer is truly a blessed but all too short season in Maine. That is particularly true this year, when weather has been particularly magnificent after a very wet spring. But that has not been the case for most of the rest of the country which is in the grip of one of the worst droughts in over a century and suffering from more bouts of extreme weather.

A number of recent articles and columns brought this point home to me in dramatic terms, including this piece about the impact of such extreme weather on basic infrastructure like roads, drinking water sources and power supply.In the face of this evidence of a changing climate and its threat to some of our very basic building blocks for our way of life – food production, clean water to drink, reliable energy and safe means to travel and ship goods — the issue remains in the hinterlands of our political discourse on a national level, as noted by John Broder in the New York Times. This is shocking to me.

Closer to home, we have news of the steady northward migration of the emerald ash borer, an invasive species that could decimate our ash trees, warming temperatures in the waters off our shores, one reason for the unusually early harvesting of soft shell lobsters which has led in part to the challenges currently facing our critically important lobster industry, as well as the slow motion disaster in progress of ocean acidification, as noted by Professor Mark Green last May.

So what is a poor fellow to do in the face of this depressing news?

A recent column by Philip Conkling, founder and president of the Island Institute, and a CLF Board member, urges us to use our “own senses—your eyes, nose and skin—and act on your own common sense” the next time someone says the climate is not changing and our collective actions have nothing to do with that change.

As we can see, hear, and feel, our climate is changing dramatically with enormous consequences for our communities, our natural resources and our economy. That is a fact. And if our leaders don’t start acting to address these issues, summers in Maine will be altogether different for my children’s children. And that too is a sad but undeniable fact.

Pressure is building to reopen the St. Croix River to the alewife, a critical forage fish.

Earlier this week the Environmental Protection Agency (EPA) issued a letter adopting the recommendations made in our lawsuit seeking  to restore alewives, a key forage and bait fish, to the St. Croix River.

As noted last month, CLF initiated a lawsuit against the EPA due to its failure to review and reject the Maine law that requires an existing fish passage facility at the Grand Falls dam to be closed. You can find the blog post here, explaining why we sued EPA.

As I said in the press statement, “EPA’s letter is a gratifying sign that we’re finally making substantive progress in restoring this important fish to the St. Croix River watershed. As EPA now agrees, this law is scientifically and legally unsupportable. We hope that further litigation is unnecessary to ensure that the state follows the directive of EPA in allowing alewives to return to their native waters.”

Since CLF filed its complaint, the Passamaquoddy Tribe, joined by other Maine Tribes, has formally requested Maine’s Governor Le Page to repeal the state law and, in the alternative, asked the International Joint Commission to invalidate the law. See a copy of the letter here. CLF is working with the Tribes to achieve the goal of restoring alewives to their native waters in the St. Croix watershed

This story was the subject of a front page article by Colin Woodard in the Maine Sunday Telegram. You can find that article here.

Image courtesy of USDA @ flickr.

Last week, CLF filed a lawsuit against the EPA and Curtis Spalding, EPA Regional Administrator, Region 1. (You can find a copy of the suit here, and copy of the press release here.) I want to take a moment to explain why this lawsuit is important.

The alewife is a critical “keystone” species in marine and fresh waters – it is an important source of food for many fish and marine mammals and for numerous birds.  The alewife is a native fish to many Maine rivers and is anadromous, meaning it starts its life in freshwater ponds and lakes, migrates down river to the ocean where it spends most of its life and then returns to its native waters to spawn.

As on many Maine rivers, alewives on the St. Croix River were all but extirpated due to pollution and the damming of the river. However, in the early 1980’s, the population of alewives in the St. Croix River was restored, reaching more than 2.5 million a year due to cleaner water and effective fish passage at the dams on the river.  But in 1995 the Maine legislature passed a bill specifically designed to block alewife passage at the Woodland Dam and Grand Falls Dam on the St. Croix River, based on what turned out to be unsubstantiated claims that alewives were causing a decline in the non-native smallmouth bass population in the St. Croix watershed. In 2008, even after those claims were found to be without merit, the Maine legislature amended the law to allow alewives passage only at Woodland Dam, restoring only 2% of the natural habitat previously available to alewives – effectively preventing them from accessing 98% of their natural habitat in the St Croix above the Grand Falls Dam.

As a result of this change, as I said in my letter to EPA Administrator Lisa Jackson, “the Maine Legislature intentionally and effectively changed the water quality standards for that section of the St. Croix [from Class A] to Class B.” As we allege in our suit, this action obligated the EPA to review and reject that change pursuant to its non-discretionary duties under the Clean Water Act (or CWA).

Under the Clean Water Act, any change to an existing water quality standard must be consistent with the state’s anti-degradation policy and must be submitted to the EPA for review. The de facto change to the water quality standards of the St. Croix was not submitted to the EPA for review, nor did EPA review the change for approval or disapproval, as required.

As a result, Maine was allowed to circumvent its responsibilities, and the EPA failed to fulfill its legal obligations.

As I said in the press release, “The law is fundamentally at odds with the legal requirement that the St. Croix River provide natural habitat unaffected by human activity for these fish and EPA has a continuing obligation to review and reject this change in that requirement.”

I was joined in my statement by Bill Townsend, a longstanding member of CLF and one of the deans of Maine’s environmental community, who noted that when he served as President of Maine Rivers, it obtained the funding and data to support studies that alewives are not detrimental to small-mouth bass populations, the original basis for the law. “The failure of the Maine Legislature to change the law in the face of that evidence and of the EPA to take every possible step to address that wrong is unacceptable.”

For more, find copies of my letter to EPA Administrator Lisa Jackson here, CLF’s filing here, and our press release here.

Stay tuned for more!

Until the last week or so, it’s been a dry spring here in Maine and so most of us have welcomed the recent spate of rain. But as I rode past the Back Cove and the East End Wastewater treatment plant in Portland this morning, it was hard not to think about the downside of all this rain–the runoff from streets, rooftops and other hard surfaces that overwhelms our sewer system and treatment facilities and washes untreated right into Back Cove and Casco Bay, carrying pollutants like oil, metals, waste and other accumulated debris along with it. It’s no surprise that these concerns might occur to me, given CLF’s long-standing involvement in tackling this issue, but it doesn’t take an advocate to see the need for action. For Chris Aceto, CLF’s landlord here at 47 Portland Street in Portland’s Bayside neighborhood, a recent article by Seth Koenig of the Bangor Daily News brought back some not so great memories of a dirtier Casco Bay and was a reminder that we still have a lot of work to do:

“I am 46. My mother used to take me to the East End Beach when I was 6 which would have been 1972. I can remember it so clearly because although I was 6, I thought, “This is not a beach!!” You could SEE the raw sewage like some kind of movie footage!  I think she wanted me to see the “beach” she went to when she was a little girl. My brother was the first lifeguard hired when that beach was opened up for swimming. It may have been 1979 or so. My cousins used to have a place at Peaks Island and NO ONE wanted to go there because the Ferry used to pull in to the docks on Commercial Street and you could not “see” water – it was brown, gross, stinky filth floating on top of the water.

Once the city showed some initiative to clean the water and build its first treatment plant, economically, Portland started to turn around. I am sure I am preaching here to the choir, but that article just brought back a ton of memories.” — Chris Aceto

Thanks to Chris for recounting that story that reminds us all about how important our continued vigilance is on finding short-term and long-term solutions to the problem of polluted runoff fouling our waterways, not just here in Portland, but around Maine and the country.

The City of Portland has made good progress in the past few years, but there remains a good deal of work to do.  CLF will continue to push for a solution that will allow us to stop sending untreated pollution and sewage to Casco Bay.