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.

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!

This has been a busy week for CLF, as we continue to respond to the ongoing efforts of the LePage Administration to weaken Maine’s environmental protections. On Monday, February 14, immediately prior to the scheduled public hearing on the LePage proposals, the LePage Administration submitted an actual bill, LD1, that encompassed some but not all of the proposed “reforms.” The public hearing immediately following this announcement, held by the Legislature’s Regulatory Reform Committee, was attended by hundreds of opponents, including many members of CLF. At the hearing, CLF Maine Director Sean Mahoney submitted testimony to the Committee criticizing any attempts to drive a wedge between strong environmental protections and a vibrant economy. It is imperative that this Administration understands that much of Maine’s economy is built on its unique environment and quality of place.

At a separate press event at the State House on the same day, CLF Maine Board Member Hoddy Hildreth lent additional words to the CLF cause, stating his opposition to the rollbacks and calling the attempt to revive the false choice between pickerels and payrolls “hogwash.”

What now? CLF has filed additional requests to the Governor’s office and the Department of Environmental Protection under the Freedom of Access Act in connection with the new bill, LD1. Many of the original proposed “reforms” will now be the subject of separate bills that will be presented later in the session, and CLF will be providing updates as we get information.  An initial public hearing on LD1 is now scheduled for February 24 at the Cross Building at 10 a.m. We invite you to join CLF and our allies at this hearing, and show the Administration that the environment is important to the people of Maine.