Alewives in Maine. Credit: Bremen Conservation Committee

After 18 years, Maine alewives can finally swim freely into their ancestral habitat on the St. Croix River.

On Monday, April 22^nd, with little fanfare legislation that essentially repeals a Maine law passed in 1995 that has prevented alewives from using existing fish ladders to surmount the Woodland  and the Grand Falls Dams on the St. Croix. The law comes into force without the usual fanfare because Governor LePage refused to sign it but also couldn’t veto it in light of its overwhelming support in the Legislature.

This victory caps a two-year effort by CLF advocates to restore a fishery that numbered close to 3 million before the 1995 law closed the fish ladder and the number of alewives dwindled to less than 10,000. The alewife, an anadromous fish that lives in the ocean but travels up rivers each spring to spawn, is a “keystone species” that provides food for many animals, birds and larger fish species native to Maine’s marine and fresh waters. In a classic case of fisheries mismanagement, despite its recognized importance, the fate of the alewife was sacrificed upon the altar of bad science and even worse politics.

Last year CLF successfully filed suit against the EPA to enforce the Clean Water Act’s water quality standards, resulting in a conclusion by EPA that there was no “…sound scientific rationale for excluding indigenous river herring (or other migratory species) from the St. Croix River.” CLF then used that decision as a basis in a subsequent suit against the State to invalidate the law. We at CLF are pleased that these lawsuits, which received not just the support of the EPA, but also the many organizations across the state of Maine, including the Passamaquoddy Tribe, who have had their shoulder to this wheel for many years, helped to move the legislation to become a law.

“It’s a historic moment,” Rep. Madonna Soctomah, who represents the Passamaquoddy Tribe in support of the legislation, was quoted as saying in the Portland Press Herald. “It’s a really good day for Maine people and the environment.”

That’s a belief that was shared widely amongst Maine’s legislature. The Marine Resources Committee unanimously endorsed the bill, before it went on to pass by a margin of 123-24 in the House and 33-0 in the Senate.

It is truly an historic occasion and one that would not have been possible without the commitment and hard work of a coalition of fishermen, environmentalists, the Passamaquoddy Tribe and many others.

To be sure, there are still challenges to meet to ensure that the St. Croix native fisheries are fully restored to the watershed, including upcoming relicensing proceedings for the Vanceboro and Grand Lake dams further up the St. Croix River. We look forward to continuing to work with on those efforts, and to restoring not just the St. Croix but other rivers in Maine.

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For a full archive of CLF’s blog posts and updates on L.D. 72, click here or visit: http://www.clf.org/blog/tag/alewives/

The bill passed today will restore alewives, a key forage fish, to the St. Croix River, pictured here. Photo: CanadaGood @ flickr

We at CLF applaud today’s vote by the Maine state legislature to restore Alewives to their native habitat in the St. Croix River.

Today, the legislature voted to pass a bill that will reopen the fish ladder at the Grand Falls Dam, allowing the key forage fish to reach 98% of the St. Croix. This vote caps a two-year effort by CLF advocates to restore a fishery that numbered close to 3 million until a state law closed the fish ladder and the number of alewives dwindled to less than 10,000. Last year CLF successfully filed suit against the EPA to enforce the Clean Water Act’s provision related to the state law and then filed suit against the State to invalidate that law.

This bill corrects a practice of fisheries mismanagement that has been allowed to stand for almost two decades. It properly places good science and the interest of many over the self interests of a few. While litigation is the principal tool of our trade, it is wonderful to see the Legislature right this wrong and we hope to be able to dismiss our case against the State soon.

Introduced in March 2013, the bill found strong support among a number of the groups invested and concerned with the restoration of the St. Croix River and its native fish. These groups include Maine fishermen, environmentalists, anglers, federal agencies, and the Passamaquoddy.

The alternative bill proposed by the LePage administration was a half-measure that would have still kept alewives from reaching most of their native habitat.

This vote ensures alewives will now return to the St. Croix River. It is exactly the result that our legal advocacy was aiming for, and we applaud it as an important step forward.

CLF has been blogging on this topic regularly. To read those posts, click here.

After a full day of vigorous testimony (including supportive testimony from CLF) on March 25, Maine’s Marine Resources Committee today unanimously voted that LD 72, a bill that will reopen the St. Croix River to alewives, ought to pass. This is an excellent outcome.

With that strong recommendation, the bill will soon go to the full Legislature for a vote. If passed, LD 72 will reverse the law on the books since 1995 that has closed the fish ladder at the Grand Falls Dam  to alewives, preventing them from reaching their spawning grounds. Originally justified by a mistaken belief that alewives competed with smallmouth bass and caused a decline in their population, numerous scientific studies since then debunked that myth. But in the intervening years, the alewife population has shrunken to the point where the species may be listed as threatened. Alewives provide food for numerous species higher in the food chain, provide bait for the spring lobster fishery, provide cover for other migrating species, and much more.

CLF has been blogging on this topic regularly. To read those posts, click here. For a great article on the issue in the Bangor Daily News, click here. 

CLF has been pushing for the unfettered restoration of alewives to the St. Croix in the Courts and in the Legislature. We’re very close to an historic victory that helps the environment and economy of the St. Croix region. Now is the time to push this over the finish line. Please stand with us and contact your legislators and urge them to support this bill.

An important step forward for restoring alewives to the St. Croix river

Fishermen, environmentalists, anglers, representatives from the Passamaquoddy tribal government, federal agencies and the Canadian government have spoken: Alewives should be allowed to return to their native St. Croix river.

At a legislative hearing Monday, speaker after speaker rose in support of a bill, L.D. 72, that would immediately open many fishways at the river’s dams to Alewives.

Our own Sean Mahoney, EVP & Director, CLF ME, testified in support of the bill, arguing, “L.D. 72 is simple, it does the right thing and its benefits – to the watershed, the ecosystem and the many whose livelihoods would be enhanced by a return of the alewives – would be relatively immediate.”

The legislature is currently considering three bills, and Mahoney was joined by the vast majority in supporting L.D. 72, an emergency bill sponsored by Passamaquoddy tribal Rep. Madonnah Soctomah, that would require the Grand Falls Dam fishway to be opened to the “unconstrained passage” of Alewives by May 1^st, before the species’ spring spawning season.

The opening would give the fish immediate access to over 24,000 acres of habitat, compared to a sparse 1,174 open today. In all likelihood, this opening would lead to Canada’s opening the fishway upstream at the Vanceboro dam, allowing access to thousands of additional acres. One researcher estimated that if spawning runs had access to the entire watershed, alewives could number more than 20 million, up from just over 31,000 now.

The alternative Adaptive Management Plan, L.D. 584, calls for a more gradual, staged reintroduction of spawning Alewives to the river. Proposed by Governor Page’s administration, this plan met overwhelming opposition at Monday’s hearing, and was even condemned by one of its own co-authors. It falls far short of restoring alewives throughout the watershed.  It also would run afoul of federal law concerning the operating of dams such as the Vanceboro Dam, as well as the State’s own water quality standards, as noted by Sean in his testimony.

The LePage administration, along with fishing guides from Washington county, were alone in their concerns that reintroduction of Alewives may lead to a decline in smallmouth bass. The National Marine Fisheries Service and the U.S. Fish and Wildlife Service asserted that smallmouth bass, which were introduced into the St. Croix in 1877, have lived harmoniously with spawning Alewives in hundreds of Maine’s lakes and rivers.  Mahoney’s testimony, which you can read here, provides the legal arguments against L.D. 584.

You can more about our work restoring the alewives to Maine’s rivers here, or check out our latest blog posts about alewives here.

The effort to restore Alewives to the St. Croix River is about to go into full gear. In addition to our lawsuit challenging the state law that prevents Alewives from getting above the Grand Falls Dam, we are collaborating with other groups and the Passamaquoddy Indian Nation on a legislative solution as discussed in this recent story in the Maine Sunday Telegram. I’d like to take a second to add a couple of points to this fine story by Colin Woodard on the plight of alewives in the St. Croix River.

First, the so-called adaptive management plan that the LePage administration is promoting in a competing bill at the Legislature is, at this juncture, only supported by the LePage administration – it has never even been considered for adoption by the International Joint Commission, has been disavowed by the federal agencies that have jurisdiction over the River, and is not supported by the Canadian government. The lack of any support for the plan is appropriate because it mirrors the lack of any scientific support for its provisions and its inconsistency with sound fishery management that considers more than just the ups and downs of one sport fish.

Second, in a time of fiscal challenges, the legislation that CLF is supporting, L.D. 72, has no costs associated with it – all it requires is the removal of the board that currently blocks the existing fish ladder at the Grand Falls Dam. That is not the case with the adaptive management plan; annual costs for that plan will be at least $50,000 and in some years could be as much as $100,000.

Third, while the Maine Professional Guides Association may be the only groupthat continues to doubt the science that very clearly establishes that alewives and smallmouth bass do not compete for food or habitat, its executive director, Don Kleiner, is not bashful about praising the value of alewives to the smallmouth bass fishery in other forum, such as in this recent newsletter. As Mr. Kleiner noted, ”in the Saint George drainage we are fortunate to have large numbers of sea run alewives that come to lay their eggs in the ponds each spring. As the small alewives begin to move back to sea with the first rains, all of the predator fish begin to feed actively. Yesterday I was down in White Oak Pond with clients and many of the bass that they caught were actually potbellied from all of the feed they have been enjoying.”

Mr. Kleiner’s inconsistency mirrors the State’s inconsistency in its management of alewives on the St. Croix River as opposed to its management of that fishery in every other river in Maine. It’s time for the Legislature to correct itself and remove this inconsistency from the State’s otherwise laudable efforts to restore alewives to Maine’s watersheds.

Image Copyright USFWS

An engineer, a politician, and a fish walk into a dam. The engineer says, “We could have built it bigger.” The politician says, “We should have built it cheaper.” Fish don’t talk, but if they did, they probably would have asked for a ladder.

Dams were built in the 18^th century to power mills, and in the 1940s to provide cheap electricity and irrigation opportunities – when they were considered great achievements of engineering that would benefit generations to come. Across the nation, dams have been utilized for energy production, flood control, irrigation, and water storage. But, if they are not appropriately planned, sited, and maintained  dams can have devastating impacts on fish populations.

In the early 1900s rainbow smelt supported a robust recreational and commercial fishery in the Northeast, but today NOAA Fisheries Service has listed them as a species of concern in this region. One of the problems in the Northeast has been the loss of suitable spawning habitat due to development like dams, which can prevent fish from moving upstream. But now there may be light at the end of the tunnel for rainbow smelt in southern Maine.

At the end of July, the Great Works Regional Land Trust (GWRLT) announced the removal of Shorey’s Brook dam and the restoration of the Shorey’s Brook on Raymond and Simone Savage Wildlife Preserve in Eliot and South Berwick, Maine.  Fish surveys are already showing rainbow smelt as far upriver as the former location of the dam and further upstream will be suitable for spawning habitat. If other dam restoration projects across the U.S. can be taken as indicators, rainbow smelt may soon be taking advantage of upstream habitats.

Larger scaled restoration efforts are also progressing in Maine. Earlier this summer, Talking Fish reported the demolition of the Great Works Dam on the Penobscot River in Maine – a restoration effort that will open thousands of miles of upstream habitat to Atlantic salmon and other fish for the first time in almost two hundred years. And, here at CLF we have been working to restore native alewives – an important prey species in both marine and fresh waters for many fish, mammals, and birds – to the St. Croix River in Maine. Read more about that work here.

The pressures on our fisheries are enormous, with overfishing, bycatch, pollution, ocean acidification, and habitat destruction all playing a part. We need a better way to plan in the face of all these different stressors. Partnering among local, regional, state, and federal stakeholders in the Northeast alone has culminated in 299 projects to improve and restore fish habitat in rivers, marshes, and estuaries.

New England’s need for habitat conservation and restoration is great, and other regions have similar challenges. Restoring damaged ecosystems to ecological and economic productivity is a fundamental component of the National Ocean Policy, and one more reason why the National Ocean Policy is right for New England.

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.

The St. Croix River (Photo credit: NOAA Photo Library)

•  Tuesday, June 5 – “Taking Stock of New England Fish: Part 3” – TalkingFish.org interviews Mike Palmer, Research Fisheries Biologist in the Population Dynamics Branch of the Northeast Fisheries Science Center. In this post, Mike Palmer explains how uncertainty comes into play in stock assessments and how it is accounted for.

• Thursday, June 7 – “CLF Lawsuit to Protect Alewives in Maine” – Last week, CLF filed a lawsuit against the Environmental Protection Agency (EPA) in an effort to overturn a Maine law that has prevented the alewife, a key forage fish, from accessing its native habitat in the St. Croix River in Maine.

• Friday, June 8 – “Fish Talk in the News – Friday, June 7” – Interesting stories this week: bad grades for ocean policy, mermaids, yeast research, and environmental and health risks of imported shrimp.

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!