Do you recognize these fish?

They are anadromous alewives, also known as river herring. These small fish leave the ocean and swim upriver to spawn each May and June in Maine ponds and lakes. They provide food and cover for other migrating fish and are a critical part of the food chain in the ocean. Because so many Maine rivers are blocked by dams, the number of alewives has dipped dangerously low, so much so that the National Marine Fisheries Service is considering listing them under the Endangered Species Act. Through a series of legal actions, this trend is reversing.

For 150 years, alewives have been unable to swim upstream to spawn in the Presumpcot River. They have been blocked by a series of dams. The first dam in the series, the Cumberland Mills Dam, is at Sappi’s paper mill in Westbrook.

What’s changed at the Cumberland Mills Dam?

In 2009, in a  proceeding initiated and prosecuted by CLF and the Friends of the Presumpscot River, the Maine Department of Inland Fisheries and Wildlife ordered Sappi to construct a fishway through the dam. After two years of construction, the nearly five million dollar fishway is completed and will enable fish to pass above the dam. It opened with fanfare on May 1, 2013 and awaits the spring migration of alewives and shad.

Sappi now has another two years to build a fishway at its next dam upstream, and then as the fish return to their native habitat must construct fish passage at four other dams beyond that. The timing will depend on how many fish migrate up the river. CLF’s Executive Vice President Sean Mahoney, with another attorney for the Friends of the Presumpscot River, spear-headed the petition that has led to the re-opening of the river to alewives and shad.

Sappi plans to create a webpage which will in part track the progress of alewives up the river.  We will share that resource when we have it. Keep checking back here, on CLF Scoop, for more!

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.

–

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.

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.

In the late 1980’s, more than 2.6 million alewives were counted at the head of tide on the St. Croix River.  That was, and remains, the largest run of this critical species in Maine and New England.  But politics and willful ignorance of the facts led to enactment of a law that closed off access to the upper St. Croix and reduced the numbers of alewives from 2.6 million to 900 by 2002.  It’s well past time to right this wrong, repeal the shortsighted and politically expedient law and restore alewives to the St. Croix.

The law at issue requires the owner of the Grand Falls Dam to keep the fishway at the structure – which works perfectly well – closed during the Spring return of alewives to their native waters. The law was passed in 1995 at the behest of a small but vocal minority of guides who claimed that the resurgence of alewives in the St. Croix River watershed was the root cause for a decline in the number of smallmouth bass in Spednic Lake.  A law requiring the owner of the Woodland Dam and the Grand Falls Dam to keep the fish passage closed was enacted as emergency legislation.  So instead of returning to the St. Croix and spawning in the millions, alewives literally ran into a concrete wall and their numbers dwindled from the millions to the hundreds.

13 years later, armed with two well researched and extensively reviewed scientific studies, one conducted by the Maine Department of Marine Resources and a study supported by Maine IF&W and DMR,  that proved conclusively that alewives not only had coexisted successfully for years with smallmouth bass in numerous lakes but also improved the water quality for those non-native fish, fisherman and other outdoor enthusiasts moved to repeal the law and once again allow alewives access to probably the most productive alewife habitat on the entire East Coast.  But the Legislature failed to right its wrong and allowed fish passage at only the Woodland Dam, meaning that alewives remain blocked from accessing 98% of their native habitat in the St. Croix River watershed.

The number of fish now counted in the River is in the thousands. The tragedy of the St. Croix is not just that the current law flies in the face of science and good wildlife management but also flies in the face of the good work that Maine has done with respect to alewife restoration on so many other rivers – the Presumpscot, the Kennebec, and the Penobscot to name three – and the importance that alewives play as a critical bait and forage fish for both our recreational and commercial species such as striped bass, Atlantic cod and lobsters.

Many of Maine’s rivers have healthy runs of alewives that have actually increased in numbers over the last decade, unlike other States on the Atlantic seaboard where the populations of alewives (and their cousins, blueback herring) have declined so steeply that there is a very good chance that they may be listed as threatened or endangered under the Endangered Species Act later this year.

And just last week, hundreds of groundfishermen in Maine were given the sobering news that the number of Atlantic cod has also declined sharply, so much so that fishermen in Maine and New England have had the allowable number that they can catch reduced by almost 80%.   So it is beyond comprehension that Maine continues to enforce a law that prevents alewives from accessing the most productive habitat in the State, the St. Croix River.

Certainly that is the opinion of my organization, the Conservation Law Foundation, which last year took the EPA to Court to establish that the Maine law is not consistent with the Clean Water Act and this year is bringing the State to Court to establish that the Maine law runs afoul of the Constitution’s Supremacy Clause.

But the time and expense of this litigation could be avoided if the Legislature does the right thing this year.  A bill introduced this session, L.D. 72, would repeal the current law and require the Commissioners of IF&W and DMR to ensure that the fishways at the Woodland and Grand Falls Dams allow unconstrained passage of alewives.  With Democrats and Republican legislators co-sponsoring the bill presented by Representative Soctomah of the Passamaquoddy Tribe, now is the time for the Legislature to fix this travesty and allow alewives to flourish once again in the St. Croix River.

This article was originally published in the March 2013 issue of the Maine Sportman. 

The Maine Public Utilities Commission (PUC) took important steps this week to increase energy efficiency in the state and pass those savings along to Maine’s electric customers. On Tuesday, the PUC issued its final order unanimously approving the Efficiency Maine Trust’s Triennial Plan, the comprehensive document that outlines the strategies, programs, budgets and estimated savings for three years starting July 1, 2013.

Some of the more critical components of the approved Plan are its budgets for the Trust’s largest programs related to electric efficiency. The Trust had proposed and made the case for expanding its budget for these programs by almost three times what would otherwise have been available to the Trust, estimating over $650 million in achievable cost-effective savings. The PUC  took a more conservative approach, but acted meaningfully, doubling the electricity budget and affording ratepayers close to $500 million in savings from these programs.

With their decision, Maine’s energy experts have spoken and they unanimously agree that the Legislature should significantly increase funding for energy efficiency. We hope the Legislature will take the responsible course of action this time and claim a victory for Maine ratepayers and the environment.

But, as I wrote last week, going forward, these efficiency funding decisions should reside with the experts at the PUC. The Maine law implemented last year shifting final say on certain energy efficiency funding from the PUC to the Legislature must be amended to direct that authority back to the PUC where it belongs. The Legislature will have the chance to make that change this session. The Legislature should look to the PUC’s actions this week as a demonstration of its keen understanding of the facts and the value of energy efficiency to the people and the state of Maine, and should follow the lead of our energy regulators.

The press release announcing the PUC’s decision is 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.

On Thursday, January 28, 2013, Maine’s Public Utility Commission (PUC) approved, by a 2-1 vote, the terms of a long-term contract for the first floating turbine offshore windfarm in Maine. After a few months of negotiation, this is good news for the state, and for renewable energy.

This vote clears a major hurdle toward Statoil putting four, three-megawatt wind turbines on floating platforms in deepwater 12 miles off Boothbay, and marks the early days of implementation of Maine’s Ocean Energy Act. Signed into law in 2009, the Act encourages projects like this one, so as to support the development of renewable energy technology that harnesses ocean energy. In this project, energy generated from the project would be transported via underwater cable to a transfer station on land, delivering renewable energy to the mainland.

Approval for this project has been a long time coming. Statoil, which has successfully operated a one-turbine pilot project off the Norwegian coast for the past year, originally sought approval for a version of its project in October of 2012. At the time, CLF submitted comments supporting the project and the long-term contract, but the PUC tabled its deliberations and asked Statoil to come up with terms that would have a lower price for the electricity generated and guarantee more future benefit to Maine. Click here to see PUC Chairman Welch’s notes from deliberations. Since then, the project has only improved.

Working with PUC staff, Statoil revised the terms of its contract to reduce the price of energy to Maine consumers and add more assurances that if its initial small scale windfarm is successful, it will make all efforts to employ Maine companies as it scales up the project. Click here to see Statoil’s Revised Term Sheet.  We liked these additional terms even more than Statoil’s initial proposal. Again we wrote in favor of the project and expressed our increased support. Click here to view our additional comments.

The vote at this past week’s hearing was 2-1, with Commissioner Littell and Chairman Welch voting in favor of the project. Littell has long been a champion of efforts to reduce carbon emissions, whether during his time at the DEP where he championed RGGI or now at the PUC. Welch deserves credit as he was not supportive of the long-term contract in its initial phase, but recognized that Statoil had made efforts to address his concerns and even more so recognized the potential that offshore wind holds for Maine.

Transportation options in nothern tier states like Maine are a critical part of sustainable communities and a low-impact ecncomy. Photo credit: Lawrence Whittemore @ flickr

Let’s face it: population density is a critical factor in any decision to provide transit services. In CLF’s “northern tier” states, where dense populations are limited to a few metropolitan areas, transportation options like bus services  have been slow to develop, leaving people to drive. In asking for directions from one place to another, the response most often is: “You’re on your own.”

In Maine, for example, Portland and surrounding towns and cities are served by a number of independent municipal fixed-route bus systems, an inter-city commuter bus linking Portland with a few cities in southern Maine, and an outlying “on demand” provider. But there is no regular service between Portland and Maine’s second-largest metro area, Lewiston-Auburn, about 40 miles away. Maine’s L/A has a growing immigrant population and plenty of affordable housing, but greater Portland, where housing is expensive, is the locus of most employment expansion.

CLF Maine has been working with the elected leaders of these areas to promote new ways for commuters on this corridor to avoid single-occupancy vehicle commuting, and provide greater connectivity to Portland’s air, bus, and train transportation hub. Recently, at the urging of Auburn’s mayor, Jonathan Labonte and Portland’s mayor Mike Brennan, Portland’s city council voted to explore this option, as reported here.

It’s an encouraging step in the right direction and validates the work of CLF and its partners to create a unified transit authority for the entire southern Maine region. This would promote better customer service and alignment among providers as disparate as a ferry service, Amtrak, and local bus lines, and provide the potential for common investment and bonding authority.