Algae Growth in the Winnicut River, Greenland, NH; photo by Peter W.

In early January, the Town of Exeter’s Selectmen voted 5 to 0 not to appeal a permit issued by the EPA – a permit that will require a major upgrade of its sewage treatment plant. Exeter becomes the second Great Bay community to accept stringent reductions in nitrogen pollution from a sewage treatment plant, following in the footsteps of Newmarket which announced in December they would not appeal a similar permit.

Together, Exeter and Newmarket have taken an important first step toward tackling the issue of nitrogen pollution – a problem that is contributing to a decline in the health of the estuary. Sewage treatment plants are a major source of nitrogen pollution, especially dissolved inorganic nitrogen – the form of nitrogen of greatest concern. According to the Piscataqua Region Estuaries Partnership (PREP) State of Our Estuaries 2013 report, there has been a 68% average increase in this troubling form of nitrogen between 1974 and 2011. You can read PREP’s entire 2013 report here.

The most effective method for reducing nitrogen inputs to the estuary is by upgrading aging and outdated sewage treatment plants. Like Newmarket, Exeter will now begin the process of constructing a new plant that will lead to a significant reduction in nitrogen levels. You can read about Exeter’s plans here.

Unfortunately, officials from Dover and Rochester have decided it is not in their best interest for others to invest in new infrastructure designed to reduce nitrogen pollution. On December 14, they filed an appeal of Newmarket’s permit. That’s right: Dover and Rochester are appealing a permit issued to Newmarket – a permit with no bearing on their respective communities. As discussed in an op-ed written by me and other members of the Rescue Great Bay coalition, this latest legal maneuver is part of an ongoing campaign to derail needed efforts to protect the estuary. It’s time for Dover and Rochester to step aside and let communities solve the problems facing Great Bay.

In this regard, you can help the Great Bay estuary by taking action now: follow this link to urge the mayors of Rochester and Dover to drop their appeal of Newmarket’s permit and let us get on with the business of protecting our waters.

We commend Exeter and Newmarket for their actions to protect our Great Bay waters, and we urge Dover and Rochester to get out of the way and allow other communities to get on with the business of cleaning up the estuary.

For more information about the Great Bay-Piscataqua Waterkeeper and my work to protect the Great Bay estuary, visit: http://www.clf.org/great-bay-waterkeeper/. You can also follow me on Facebook and Twitter.

Fifty years ago this week the world was gripped by the Cuban Missile Crisis, then unfolding. It was the low point, perhaps, of the cold war, a several-decade period in which hundreds of millions of people got used to the idea that absolute, global catastrophe could be just 20 minutes away.

Or at least we tried to get used to it. I recall being very confused, as a first-grader in the early 1960’s, about why sometimes when the alarm bell rang we quickly went outside, and other times we hunkered down next to the thick brick walls deep inside the school, and waited.

Fortunately, that catastrophe hasn’t happened. However, the mindset that most American baby-boomers grew up with – the entire world could change very drastically and permanently, during our lifetime if not during the afternoon – is still embedded in our psyches. It gave many of us nightmares when we were young.

We need to tap that well of concern, now. The world is changing dramatically. It’s happening more slowly than ICBMs delivering nuclear warheads over the North Pole, but it is speeding up. Everybody who goes outside knows that. Unlike the destruction-in-a-flash that many of us grew up imagining, it’s now change-within-a-decade, or change-by-next-growing-season. And we’re not only imagining. We’re seeing it.

So what’s an American Boomer to do? Wake up. Accept responsibility. Our resource-gobbling lifestyle has caused this mess. Suburbanization has wasted US resources for two generations. Change it, now. And use your still-massive influence to change regressive policies. It’s outrageous that both major candidates for President fully endorse dramatic expansion of drilling for fossil fuels. Don’t stand for that. Demand that we change course, and lead the world in doing so. If we don’t, large parts of our planet will become as inhospitable as we feared in our nuclear nightmares as children. Only then it will be a reality for our grandchildren and their children.

Then, set the table for the next generation, and get out of the way. The “Millenials” are intuitively heading in the right direction. Whether they are reacting to the ecological mess we are leaving them or the economic constraints they feel matters little: they’ve got the right ideas. They are investing their time and money locally.  They want smaller living spaces. They own fewer cars and use transit more. They are much more inclined toward sharing – cars, space, resources, goods, politics – than exclusive ownership. They are fond of repurposed goods.

And this is not just urban hipsters. All sorts of 20-somethings are living with their parents, shopping on Craigslist and launching businesses through crowd-sourced investment platforms like Kickstarter. They are revitalizing places across New England that Boomers and their parents left behind: from cities like Boston, Providence and Portland, to towns like Portsmouth, NH, Winooski, VT and Pittsfield, MA. They are eating food grown closeby by people they know. And all of this will create – in the decades to come – a way of living in New England that is healthier for all, lower-carbon, and more resilient to our changing climate than the way we have lived in this country since 1945.

It’s time. As the cold war has fizzled we’ve not been sure what would follow. Globalization, the rise of Petro-states, the incredible growth of China as an economic power, increasing inequality of wealth, climate change – these are centuries of chickens coming home to roost. There’s a lot going on. But at least it’s happening more or less in front of us, in the public eye, and in a way that offers opportunities to actually do something about it.

In that way, it’s a different kind of crisis than global nuclear annihilation. We all felt powerless to avert that. Perhaps that’s part of why it was so scary.The forces imperiling the planet now may be even more powerful, as they emanate from many different places and have quite a head of steam.

But they are not impenetrable. Smart, inspired and hopeful people all over are finding ways to bend those forces toward a better future. It is our responsibility, fellow Boomers, to help them.

I am reminded  of the story of the so-called Big A dam on the Penobscot River in Maine – a project that, after much debate, was never built.

Twenty five years ago CLF and others opposed this ill-advised project, advancing the then-novel argument that energy efficiency could satisfy the power needs of the time better than a dam that would have turned two outstanding reaches of river into a slackwater impoundment. A nice summary of the controversy and its context is here. The author, David Platt, a long-time journalist who covered the story, notes that it “became a fascinating discussion about energy, engineering, corporate power, the rising influence of non-corporate interests, the need to protect the environment, and the changing nature of the paper industry and the economy in Maine.”

A generation later, and amplified 1,000 times, that is our story – the story of our challenges and our opportunities at the beginning of the 21st century. At the end of this century we will and should be remembered as much for what we started as for what we stopped, as much for what we were for as for what we where against. At this time in history, while several generations – and people from many perspectives, not only the environmental movement – share the stage, it is imperative that we come together and get it right.

Officials from Portsmouth, Dover and Rochester – in their continuing campaign to delay critically important pollution reductions in the Great Bay estuary – have put the Environmental Protection Agency (EPA) on notice that they intend to file suit over the nitrogen discharge levels being proposed in their wastewater treatment permits.

As part of this campaign of delay, these municipalities have already sued the NH Department of Environmental Services, claiming regulators cannot proceed with requiring certain nitrogen pollution reductions unless and until the State has first engaged in a formal rule-making process. Now, they intend to pursue a similar theory in federal court in a lawsuit against EPA.

This latest move comes on the heels of claims from these same officials that conditions in the Great Bay estuary are improving. Extracting data from the upcoming State of the Estuaries Report to be published by the Piscataqua Region Estuaries Partnership (PREP), and selectively focusing on certain brief time periods, they are attempting to make the case that nitrogen levels are dropping and eelgrass beds are coming back. While variations from year to year can always be expected, the long-term trends have not changed. Total nitrogen loads remain higher than they were in the early 2000’s and eelgrass health continues to decline.

What is even more disturbing is the statement made by Portsmouth, Dover and Rochester officials that eelgrass coverage is on the “rebound in Great Bay and Little Bay.” In arguing that eelgrass conditions are improving, they rely heavily on so-called “eelgrass cover” data – data showing the spatial distribution of eelgrass. While data may show eelgrass cover increasing in some places in the estuary, this can actually be a sign of severe stress. When eelgrass beds are in decline, it is not uncommon for the surviving plants to send out lots of new shoots in attempt to re-establish the bed. Unfortunately, there is no guarantee the new shoots will mature into reproducing adult plants.

Rather than eelgrass cover, eelgrass biomass – which measures the total plant density in a given area – is a much more reliable indicator of ecosystem health. Unfortunately, even though eelgrass cover may occasionally increase in some places, the total biomass of eelgrass in the estuary has decreased dramatically – from 1,807 metric tons in 1996 to 545 tons in 2011. That’s a seventy percent decrease in eelgrass biomass over the course of fifteen years. This unfortunate fact contrasts sharply with the picture of ecosystem health that certain municipal officials are trying to paint.

At a time when we need to be solving the serious pollution problems threatening the Great Bay estuary, it is discouraging to see officials from a small group of municipalities once again attempt to delay needed pollution reductions. One of their own attorneys has publicly acknowledged that a lawsuit against EPA is likely to cost several hundred thousand dollars. That’s on top of the over $800,000 Portsmouth, Dover, Rochester, Exeter and Newmarket (the so-called “Municipal Coalition”) have already spent trying to undermine and delay needed regulatory decision-making. Wouldn’t these funds be better spent reducing pollution from aging and outdated wastewater infrastructure?

Newmarket and Exeter, also members of the Municipal Coalition, have not joined Portsmouth, Dover and Rochester in this latest tactic against EPA and hopefully will decide that cleaning up the estuary is a far more important productive path to follow. Durham and Newington are working to implement constructive solutions to the problems facing the estuary. We hope the Municipal Coalition will follow their lead and end this campaign of delay.

The Great Bay-Piscataqua Waterkeeper, along with the Coastal Conservation Association of NH, Great Bay Trout Unlimited and the NH Coastal Protection Partnership, coauthored the following editorial to The Portsmouth Herald.

A copy of this OpEd was originally published in The Portsmouth Herald. You can find a copy of it online here.

April 13 — To the Editor

The Great Bay estuary is in decline. That’s the inescapable message of the Piscataqua Region Estuary Partnership’s (PREP) most recent (2009) State of the Estuaries report, which tracks the health of the Great Bay and Hampton/Seabrook estuaries.

Of 12 primary indicators of the estuary’s health tracked by PREP, 11 show negative or cautionary trends, including two very troubling negative trends: nitrogen concentrations in Great Bay are increasing, and eelgrass vegetation — the cornerstone of the Great Bay ecosystem, and an important nursery for fish and other marine species — is in sharp decline.

Consistent with findings in the 2009 State of the Estuaries report, the N.H. Department of Environmental Services and Environmental Protection Agency have acknowledged that waters throughout the Great Bay estuary are impaired, meaning that their health is in jeopardy. Based on the overwhelming evidence that immediate action is needed to clean up the estuary, the Environmental Protection Agency has begun issuing draft permits to limit nitrogen pollution from sewage treatment plants affecting the estuary (there are a total of 18 such facilities, 14 of them in New Hampshire; none currently has a nitrogen pollution limit).

In sharp contrast to the need for urgent and meaningful action, however, a small group of municipalities calling themselves the Great Bay Municipal Coalition — Dover, Portsmouth, Exeter, Rochester and Newmarket — persistently have tried to claim “the science is in doubt” and to delay needed improvements to their sewage treatment plants.

In the face of the pollution problems plaguing the estuary, rather than taking meaningful steps to solve the problem, the municipal coalition has engaged in a withering, all-out assault on the N.H. Department of Environmental Services and EPA. Last summer they sought assistance from a New Hampshire member of Congress, resulting in a bill calling for a five-year moratorium on any EPA permitting activity in the Great Bay estuary. Most recently, the municipal coalition filed a lawsuit against the N.H. Department of Environmental Services, challenging — on procedural grounds — the legality of its analysis regarding nitrogen pollution in the estuary.

Members of the municipal coalition have been sure to explain that they care about the Great Bay estuary, and that they want to be part of the solution. They say they’re committed to “immediately” upgrading their sewage treatment plants to reduce nitrogen pollution. But their words ring hollow. In fact they’ve made clear that while they’re willing to “immediately” upgrade their sewage treatment plants to reduce pollution to a certain level, if they’re required to do more they will litigate the validity of their permits, and they’ll do nothing to upgrade their sewage treatment plants while that litigation is pending. Actions speak louder than words, and so far the municipal coalition’s only actions have been to delay what must be done to save the Great Bay estuary.

The Great Bay estuary belongs to us all. The health of its waters is inextricably linked to tourism and the local economy, and to what makes the Seacoast such a special place. We cannot allow the health of Great Bay, Little Bay, the Piscataqua River, and all the waters comprising the estuary to be held hostage. The estuary is approaching a tipping point which, once crossed, will make its recovery all the more expensive, if not impossible. Just ask the folks struggling to reverse the collapse of the Chesapeake Bay. Maryland, alone, is expected to spend — conservatively — $11 billion to clean up the bay.

We simply can’t afford to keep kicking this can down the road. It’s time for the municipal coalition to start investing in real solutions rather than paying lawyers and outside consultants to thwart needed action. It’s refreshing to see the town of Newington, which will be subject to EPA permitting, embracing the protections required to save Great Bay; and it’s encouraging to see another community, the town of Durham, choose not to follow the municipal coalition down the path of litigation and delay. We all benefit from a clean, healthy Great Bay estuary. Now is the time for action.

Derek Durbin
Chairman, New Hampshire Coastal Protection Partnership

Mitch Kalter
President, Trout Unlimited, Great Bay Chapter

Don Swanson
President, Coastal Conservation Association, N.H. Chapter

Peter Wellenberger
Great Bay-Piscataqua Waterkeeper, Conservation Law Foundation

A pile of scrap metal and debris at the Grimmel Industries facility in Portsmouth, NH. Toxic stormwater discharges from the site have long been polluting the Piscataqua River. (Photo credit: CLF)

At CLF’s urging, today the Environmental Protection Agency (EPA) issued an administrative order requiring Grimmel Industries to take prompt action to clean up toxic stormwater discharges to the Piscataqua River. Grimmel Industries operates a massive scrap metal collection and shipping facility at the Pease Development Authority’s Market Street Terminal, in Portsmouth, NH, on the banks of the river.

“For too long, this facility has been discharging mercury, PCBs and other pollutants into the Piscataqua River,” said Tom Irwin, CLF New Hampshire director.  “It’s simply unacceptable for this or any facility to discharge such toxic contaminants into this river – a critical coastal resource for New Hampshire – or into any of our waterways.  These discharges are in clear violation of the Clean Water Act; we’re pleased that the EPA is taking action to force compliance.” More >

The following op-ed was written by CLF Maine Director Sean Mahoney and published on Saturday, December 18 in the Portsmouth Herald.

On Monday, Dec. 20, a committee of the New England Fishery Management Council will meet in Portsmouth to continue the effort to develop a new management plan for Atlantic herring.

Atlantic herring are not only valuable as bait for lobstermen, but are a key forage fish for bigger fish and marine mammals such as striped bass, cod, tuna, dolphins and whales. The work of the council’s Herring Committee is critically important not just for the sustainability of Atlantic herring but for the continued viability of these other fisheries and tourism-related industries such as whale watching.

The Atlantic herring fishery is currently dominated by midwater trawling vessels. These vessels are large (up to 150 feet) and often fish in pairs, where their small-mesh nets the size of a football field, can be stretched between two boats. These small-mesh nets are efficient killing machines. The problem is they are also indiscriminate killing machines — any fish or marine mammal that is ensnared by the small-mesh nets is unlikely to survive, even if they are thrown back into the water after the nets are hauled on deck. These dead fish — referred to as bycatch or discards — include not just the fish that prey on Atlantic herring, such as stripers or haddock, but also the Atlantic herring’s cousins — alewives and blueback herring.

Alewives and blueback herring (collectively referred to as river herring) are anadramous fish — they are born in freshwater, spend most of their lives in the ocean, and then return to freshwater to spawn. The rivers of New England were teeming with river herring up to the 1980s. But in the last 20 years, their numbers have dropped precipitously. For example, until 1986 the number of river herring returning to spawn in the Taylor River averaged between 100,000 to 400,000 a year. But by 2000, that number had declined to 10,000 to 40,000 a year, and in 2006, only 147 river herring returned to the Taylor River. This is a tragedy for New Hampshire’s wildlife conservation.

The causes of the dramatic decline in the numbers of river herring include the fishing practices of the midwater trawl vessels. While at sea, river herring can often be found in the same waters as Atlantic herring and fall victim to the indiscriminate fishing practices of the midwater trawlers. In 2007, bycatch documentation showed that three times the amount of river herring was taken in one tow of one of these industrial vessels as returned that year to the Lamprey River, which boasts New Hampshire’s largest remaining population of river herring.

The meeting of the council’s Herring Committee will focus on management steps to curb this wasteful practice. Central to the success of any management effort must be a robust monitoring program, catch caps on river herring to serve as a strong incentive to avoid areas where river herring are known to aggregate and strong accountability measures to be applied when those catch caps are exceeded.

If river herring are to avoid the fate of Atlantic salmon — another anadramous species all but extirpated from New England’s rivers where they once teemed — a critical step is putting an end to the indiscriminate fishing practices of the midwater trawl boats pursuing Atlantic herring. All other efforts to improve the access to and water quality of the waters river herring spawn in are of little value if they are killed before they get there.

> Read more about CLF’s regional ocean conservation work