Dr. Boyd Kynard

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Of Book Bans, Journalism and Shortnose Stout

Posted by on 06 Mar 2021 | Tagged as: Alden Booth, Andrew Fisk, Barnaby Watten, Bob Flaherty, Clean Water Act, Congressman John Olver, Connecticut River, Connecticut River Conservancy, Connecticut River shortnose sturgeon, critical habitat, Dr. Boyd Kynard, Endangered Species Act, Federal Energy Regulatory Commission, federally-endangered Connecticut River shortnose sturgeion, FERC, FirstLight Power, Fish and Aquatics Study Team, journalism, MA Division of Fish and Wildlife, Monte Belmonte, National Marine Fisheries Service, National Marine Fisheries Service, Northfield Mountain Pumped Storage Project, Rock Dam, Rock Dam Pool, Shortnose Stout, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, The People's Pint, Turners Falls dam, Turners Falls power canal, Uncategorized, US Fish & Wildlife Service, US Geological Survey's Conte Fish Lab, WHMP, WRSI

Of Book Bans, Journalism and Shortnose Stout: a brief history of science, censorship and the short, noble life of a beer created to help stop corporate abuse on the Connecticut River Copyright © 2021 by Karl Meyer

(NOTE: for a WHMP podcast with Host Bob Flaherty related to this story go here: https://whmp.com/morning-news/sturgeon-stout-has-come-gone-but-the-harm-to-the-sturgeons-spawning-ground-continues/ )

A red slurry enters the Connecticut at the Rock Dam

Nearly a decade back retired federal fisheries biologist Dr. Boyd Kynard was putting the finishing touches on a book entitled Life History and Behaviour of Connecticut River Shortnose and Other Sturgeons. It was a compilation of sturgeon research conducted by federal biologists and university researchers—largely based locally on the Connecticut River shortnose sturgeon. Its findings described the shortnose sturgeon’s life history and habitat needs on the river from below Holyoke Dam, all the way to a spawning site known as the Rock Dam. The ancient Rock Dam site is just a few hundred yards from the USGS Conte Lab in Turners Falls where Kynard had spent a chunk of his career.

The sturgeon book authored by Kynard et al

Just as Kynard’s book was going to print in Germany, published by the World Sturgeon Conservation Society, Boyd Kynard and Harold Rosenthal, its editors, received word from the US Geological Service that two chapters of the book were being “recalled” for “editorial” reasons, and all publication would need to be halted in the United States and abroad. The reasons given were rather murky at the time—some were vague stylistic preferences. Kynard immediately smelled a rat. He believed that the two chapters thrown into question were being stymied because they used the term “river regulation” as a key factor in the spawning failure of the shortnose sturgeon here—the only federally endangered migratory fish in the Connecticut River system and one that spawned on the doorstep of the USGS Conte Lab.

The term river regulation was accurate, precise and descriptive. It referred to conditions created when the power company, just upstream, either inundated or starved the bed of the Connecticut River via operation of its Turners Falls Dam. The dam is operated in response to the massive river disruption created when the Northfield Mountain Pumped Storage Station, a giant, net-loss energy contraption just upstream, either suctioned or spewed huge pulses of water in and out of the riverbed. This grim industrial model literally cripples the ancient flows of this ecosystem, killing millions of fish outright, while creating spawning conditions for shortnose sturgeon that cause spawning failure most years at Rock Dam. The Rock Dam, confirmed by Kynard’s research, is the only documented natural spawning site on the river. It appeared the USGS did not want something put in print that directly stated those facts—one that led straight back to the actions of a corporation.

As a journalist I’d already spent many hours with Boyd Kynard, asking questions about sturgeon, shad, and river conditions. We’d had many a fine discussion over breakfast and coffee, often lasting two hours and more. The idea that the book’s information was being embargoed, censored, really hit a sour note about free speech, freedom of information and interfering with the facts and data of research science. Along with Dr. Kynard, several of the ten co-authors of the book’s chapters from various labs and universities cried foul.

The US Geological Service actually caused the book’s publication to be banned for a brief time in Europe, but the publishers ultimately decided they would not be bowed by the politics of a foreign federal agency. They resumed printing and selling the book. Here in the United State, USGS held tight to their recall and vague objections to the book’s science. Compiled and written by Kynard and fellow researchers, The Life History and Behaviour of Connecticut River Shortnose and Other Sturgeons was essentially banned—with no schedule for those USGS’s loose objections to be resolved. Months passed as the silencing of federal and state research science and the work of those authors, continued.

What ultimately broke the ban was journalism. I interviewed Kynard. Then I attempted to interview his long-time assistant and fellow researcher Micah Kieffer, who still worked at the USGS Conte Lab. Kieffer was not allowed to speak with me. In fact, that spring he was unceremoniously taken off sturgeon research altogether, and sent upriver to work on studies of trout—far from his area of expertise. Ultimately, I was able to get Barnaby Watten, Branch Chief at Conte Lab on the record. Not surprisingly, he could provide no clear reason why USGS was recalling and withholding Kynard and Kieffer’s Chapters 1 and 3. After that I tracked down the USGS editor, who it turned out, had no experience in shortnose sturgeon biology. It all went into my developing story for the Daily Hampshire Gazette.

But what ultimately broke the embargo was my chat with an aide to Congressman John Olver—noting to him that a group of federal and university researchers had all signed a letter to his boss, decrying the silencing of federal and university research. In short, they claimed censorship by USGS. Free speech protections, university science and the public’s right to know were being thwarted by a federal agency. Once this was brought to the attention of John Olver’s office I was quickly informed that Dr. Olver, a former UMass professor, fully intended to “look into the matter.”

The next day I brought that bit of information back to Barnaby Watten at USGS, asking for a reaction. This was a Friday. And, with just that bit of inquiry on behalf of the public’s right to know, the federal embargo on the government and university science contained in Life History and Behaviour of Connecticut River Shortnose and Other Sturgeons, quickly evaporated. By the weekend, Dr. Kynard was signing and delivering copies of a book that was the product of his nearly 20 years of federal sturgeon research. My Gazette article appeared sometime the following week.

What made it so creepy—the recall and ban, was that it was coming on the heels of the beginning of the relicensing process for the Turners Falls Dam and Turners Falls Power Canal, and the giant Northfield Mountain Pumped Storage Station, 7 miles upriver. The corporate owners of that spawning-crippling “river regulation” lived right nearby. The land USGS Conte Lab sat on was owned by the power company. Hard not to contemplate a corporate connection.

Anyway, that fall, 2012, I began taking part as a participating stakeholder and member of the Fish and Aquatics Studies Team in the Federal Energy Regulatory Relicensing process for those facilities. I had a lot of science and writing experience pertaining to fish, dam, and river issues, and also had worked for both the power company and the watershed council previously. It was a pretty thorough bit of starter knowledge that I could make use of. I knew where the bodies were buried, where culpability for the abuse and failures in habitat protection lay.

Funny thing though, when the state and federal fish agencies, assorted stakeholders and the power company, FirstLight, sat down to discuss river studies and information needed to create new river conditions in a new license, very little mention was being made of shortnose sturgeon, the sole endangered species trying to spawn right in the heart of these relicense settings.

Frustrated, as deadlines loomed for the outlines of that spring’s fish migration studies were being discussed—all largely without anyone talking “sturgeon”, I phoned Dr. Kynard. In light of the seeming “third rail” absence of discussion about needed flows for sturgeon spawning, I asked him to release permission for me to use and enter Chapters 1 and 3 into the federal record of the relicensing. Boyd complied, and I quickly put all that science into the record so it would have standing. I also intervened later that spring when some test flows into the riverbed suggested by the power company were so low that they were guaranteed to interfere with sturgeon spawning. I won a change in the spring study flows–they didn’t get to low-ball the river’s only endangered migrants that year.

Shortnose Stout: a noble public information idea that ultimately went sideways; then belly up

Still, as time went on there just seemed to be only a smattering of lip service at the company/stakeholder meeting tables involving river flows and fish studies that mentioned shortnose sturgeon. It was remarkably, eerily quiet on that count. One day over a coffee meeting where I was downloading more long-term fisheries knowledge from Dr. Kynard, I told him that I had an idea for a beer, Shortnose Stout. I promised him I would find a producer for it, to help get the word out about sturgeon flows to the public. That effort would take many more months, but when out cycling one warm day I bumped into Alden Booth, owner of The People’s Pint in Greenfield. I told him I had this great idea for a beer name and marketing concept to help create change for an amazing–and amazingly ignored fish. He came on board pretty quick.

Over the winter things began to brewing. The Pint came up with a fine label, a Shortnose sturgeon backlit by a full sturgeon moon. I came up with the text, describing both the beer and the biological plight of the sturgeon at its spawning site, the Rock Dam—while pointing the public to the science featured on Kynard’s website. This was all volunteer work for me, done in the name of giving a voice to the river and this embattled fish.

The brand I created; my text, and Dr. Kynard’s website link.

The beer debuted on St. Patrick’s Day at The People’s Pint, and created quite a buzz. Meanwhile, Alden Booth had asked me whether there wasn’t a group that could be targeted to benefit from the sale of Shortnose Stout. I told him that I really didn’t see anyone doing any worthy river protection in light of this endangered fish’s plight. Nobody had taken up that fight. There was no one that deserved either praise or reward in the sturgeon’s name. So, it was let go at that.

The following spring, despite the Endangered Species Act, the published book, the science, and a year of Shortnose Stout, no one was standing up to the sturgeon miseries STILL occurring at the Rock Dam spawning site in the midst of federal negotiations. There was no action, nothing stated from Mass. Fish and Wildlife, US Fish and Wildlife Service, or National Marine Fisheries about stepping in at this critical time, and no USGS work to track spawning success at Rock Dam.

I did learn from The Pint’s Booth that the popular stout was going to be brewed again in March. But where I again would’ve noted that none were worthy of having stood up for sturgeon, I was informed that the Connecticut River Watershed Council was stepping up to collect funds in the name of the Shortnose sturgeon. With that I simply declined the invitation to be at that spring’s St. Patrick’s Day debut of a new batch of Shortnose Stout. Dr. Kynard did attend, and on the invitee list was also Dr. Andy Fisk, newly arrived director of the Connecticut River Watershed Council–happy to step in front of a camera.

Fisk had recently been pictured in The Greenfield Recorder, holding a bottle of Shortnose Stout on a bridge above the Connecticut. Any self-respecting shortnose sturgeon would tell you that the only site worthy of getting a photograph taken for your hard, hard work protecting this species would have required you to pose at the Rock Dam–the grimly embattled site that remains this river’s ugliest, most pointedly-ignored and undefended critical biological habitat on the entire river. The Watershed Council collected the profits and accolades in the name of the shortnose, while the actual fish remained undefended and under siege for yet another spawning season at Rock Dam. It’s great PR associating with an endangered species though.

I believe that was the final year Shortnose Stout was brewed. It was a shame such an opportunity for action was squandered. The miseries for this river’s federal and state endangered shortnose sturgeon remain today exactly as they were nearly a decade back, when a federal agency quickly stepped in and placed an embargo on a book written by researchers doing public research in the public’s interest, conducted at their own federal facilities.

The watershed council has since changed its name to “conservancy,” but in all its 69 years has never brought on board any legal staff, or adopted a mission to investigate, enforce, and prosecute—the basic things necessary to lay claim to protecting a river and endangered species.

The Connecticut River Shortnose sturgeon will arrive back at its ancient Rock Dam spawning site in just five weeks. There the riverbanks have been collapsing and failing, oozing a grim orange puss that feeds directly into their cobbled spawning pool home. The Rock Dam’s critical habitat becomes more debased, embattled and ignored with each passing season. Year after year, decade upon decade, there is no more disgraceful biological habitat—on this river, at the heart of the Connecticut River National Fish and Wildlife Refuge, on the doorstep of the USGS Conte Lab, just across the river from Greenfield, home to the Connecticut River Conservancy, than the ancient Rock Dam pool on New England’s Great River.


The Connecticut River’s Rock Dam spawning pool today. Shortnose sturgeon will be returning to this grim and undefended spawning habitat 5 weeks from today.

In the end, nobody walked the walk. No one stepped up; no one deserved to profit from the sale of a beer named to honor and protect a river and a magnificent and embattled ancient fish.

Here in Massachusetts on the Connecticut River during a critical and endless FERC relicensing process the only apparent player playing for keeps is FirstLight Power–the Canadian-owned, Delaware-registered, recently-arrived operators of these river-crippling facilities. Their shareholders are delighted, I’m sure.

What will our grandchildren have to say about what we failed to do here?.

(**NOTE: for further information related to this story listen to the following podcast with Host Monte Belmonte from WRSI, The River. https://wrsi.com/monte/saving-rock-dam-from-damnation/

An Upstream Invitation: COME VISIT; THEN PLEASE SUE US!

Posted by on 21 May 2020 | Tagged as: American shad, bascule gates, Bellows Falls VT, blueback herring, Connecticut River, Connecticut River migratory fisheries restoration, Connecticut River shortnose sturgeon, Dead Reach, Deerfield River, Dr. Boyd Kynard, endangerd shortnose sturgeon, False attraction, Federal Energy Regulatory Commission, FERC, FERC license, fish passage, Greenfield, Holyoke Fish Lift, MA Division of Fish and Wildlife, Massachusetts Division of Fish & Wildlife, migratory delay, New Hampshire, Rock Dam, shad fishing, The Dead Reach, Turners Falls, Turners Falls dam, Turners Falls power canal, US Geological Survey's Conte Fish Lab

THIS GREAT AND BROKEN RIVER V

Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED.

Issue # 5, An Upstream Invitation: COME VISIT; THEN PLEASE SUE US!

Dear Vermont and New Hampshire (and northern MA):

Our Connecticut River–as grimly battered by diversions and reversing industrial currents as it is down here in Massachusetts, is way better than yours upstream. That’s not very neighborly to say, but it’s true. Your states probably should’ve sued our Commonwealth years back for depriving you of a living river. It’s what’s been owed you. Down here we have a spring river with at least a credible ocean connection stretching all the way from Long Island Sound to just past the mouth of the Deerfield River. It really isn’t fair you don’t…


Just a single bascule gate open with thin spill at Turners Falls Dam, May 20, 2020. Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge, back arrow to return to text)

Case in point: as of May 20, 2020, Holyoke Dam had passed some 130,000 American shad upstream. Enough federal and state fisheries data from studies has been produced to safely estimate that as many as 100,000 may have arrived at Turners Falls, just 36 miles distant, still heading upstream. The only data from Turners Falls Dam was reported as of May 8, 2020, showing a total of 38 shad successfully passing that site…

In the interest of good relations, I’d like to invite you downstream to experience what you’re missing. After all, everyone has a right to a living Connecticut River. Some of us just have a little more right, while others—living upstream, have forever had almost none at all. Ironically, that none even includes Bay State residents living in the towns of Greenfield, Gill, Turners Falls, Erving, and Northfield. An ocean connection for them is barely perceptible as well.

But for the rest of you far northerners, whether you live in Vernon, Brattleboro, Dummerston, Putney, Westminster or Bellows Falls VT–or Walpole, Westmoreland, Chesterfield, or Hinsdale NH, please come visit your river where it at least still remains partly tethered to its ancient ocean connection. It’s worth the trip.

And, why not bring along fishing pole?—because, truth is, we’ve been hanging on to your fish here for decades. Most of the hundreds of thousands of migrating shad, blueback herring and sea lamprey here annually never get past the Turners Falls Dam—becoming mired in the 2-1/2 mile long Dead Reach and canal diversion leading up to that ponderous obstruction. Turners Falls is where your living river connection with the ocean, ends. Thus, including all three states, 15 towns have been robbed.

Really, come down and experience what us “haves”, have. Meet us at the cull de sac of the Connecticut here, and we’ll show you where your thousands of fish are foundering. They were promised you way back in 1967, but you never received them. This is a peek at the river your kids should be experiencing at up at home today, and the one that’s the birth right of their grand kids decades into the future. Somebody should’ve stood up long ago. There should have been a lawsuit.

BTW: there’s even a free fishing weekend down here on June 6 and 7, where you don’t even need a license to toss in a line. Come! There should still be good numbers of shad and lamprey fighting the good fight upstream–right up to the dead end dam in this largely impassible reach. You need not come far; your ocean connection ends abruptly here in Turners Falls.


The ponderous–difficult for shad to find and access, fish ladder below Turners Falls Dam, May 20, 2020. Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge)

If you don’t feel like waiting, and want to catch the peak of the run here in the next week or so, just grab a short term fishing license at the MA Wildlife website. Honestly though, I’m not sure they deserve your business. Massachusetts Division of Fish & Wildlife was the only entity with specific rights to intervene over the last 50 years in the federal (FERC) license governing fish passage conditions at Turners Falls if conditions changed. In the first decade of this century, the long-paltry (6-7%) fish passage success beyond that dam evaporated down to less than 1% percent in some years. That plunge began right after Massachusetts deregulated its electricity generating markets. Those were your fish! That was your last remaining thread of an ocean connection. MDFW did nothing. Like I said, there should’ve been a lawsuit. They sat on their hands. We let you down.

For that reason alone, please come and visit. Come fish. Pop on a shad dart. We’ll be happy to social distance with you.Try your luck where your fish are stuck!

And if you don’t happen to be an angler–but just want to experience what the remains of an ocean- connected ecosystem look like, bring a folding chair and just enjoy the spectacle. A living river can be quite inspiring. And witnessing sleek, healthy fish that have travelled thousands of ocean-going miles and then 120 miles upstream here to their ancient spawning grounds, might just encourage you to take action. You deserve this. And, we know exactly where your lost fish are trapped today—the same places they’ve been spinning their upstream migratory wheels and energies for decades.

The best way to locate the nearest ocean connection on the Connecticut here is to go where the currents are—go where there is still flow in the riverbed. That’s where the agitated shad will be, trying to discover and fight their way through promising upstream currents. They want to go into the flow, but that’s the bit tricky down here–as the power company is constantly jacking the currents up, down, and all around. That’s why its the river’s dead-end. Those see-saw currents and flow diversions are tricking the shad into alien industrial flows producing endless streams of what’s called “false attraction.”

Some sites, as you will see at the company’s Station # 1 outflow into the river adjacent to the Turners Falls Power Canal, dump their industrial effluent, back into the river while creating just a few small amount of hydro power.. That false upstream signal to migrating shad essentially traps them there–for hours or days on end, spending energy in that false current as they await an open upstream path that never comes.

For anglers not tied to anything like a natural setting, the Station #1site teems with scores and scores of tricked shad, ripe for the hooking. It’s a supremely ironic dead end for the fish and run—nosing for hours into a nowhere current. But, for fish-in-a-barrel anglers, this sad site can be a slam dunk.

Other sites are rather more “scenic,” but the same waffling, insufficient flows ultimately lead to dead-end routes for the vast majority of the fish run. Less than 1 fish in 10 annually ever make emerge out of the Turners Falls Power Canal–which all must pass through before popping out beyond that dam toward your Vermont and New Hampshire doorsteps. Most just give up.

Anyway, here are some visit/witnessing recommendations from my personal investigations on May 20, 2020:

Ocean Dead End Stop # 1: Turners Falls Dam, Turners Falls. Take I-91 south to Rt. 2 East. Rt. 2 E to the second set of lights, where you turn left over the Turners Falls Bridge. Park just over the bridge near the Great Falls Discover Center and find your way across the little power canal bridge and down to the river. Note that the paltry flow is unlikely to be drawing any shad upstream to the dam and fish ladder.

Lone, disappointed shad angler in low flows below dam: look far left at center, adjacent to the bend in fish ladder. Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge and view; then back arrow)

Ocean Dead End Stop # 2: Station # 1, your false attraction fishing hole. Follow the above directions—crossing the bridge into Turners Falls. Make an immediate right after passing the Great Falls Discover Center. Continue straight after the stop sign, and then make the second right, going over the SECOND, one-way bridge there. Continue along until you see the brick outline of Station # 1 on the right, adjacent to the river. If they are dumping good current here, the fish will be stacked up like sardines, nosing into the flow that will not allow them a path upstream. Anglers fish both sides of this outflow. You’ll find the paths. An exhausting dead end, for your share of the shad run. The two gents here landed 3 shad in the 10 minutes I lingered there.

Station # 1, exhausting attraction flow leading…nowhere. Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge and view; then back arrow)

Station # 1, fish-in-a-barrel fishing! Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge and view; then back arrow)

Station # 1, bring on the net! Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge and view; then back arrow)

Ocean Dead End Stop # 3: the Rock Dam. Continue with the above directions and go along past Station # 1, winding around until you come to G Street. Go right and continue south on G Street—do not recross the canal, or you’ll be off track. Continue down G Street to the end, where it becomes, rather ironically, “Migratory Way,” beyond the sign for the US Geological Services Silvio O. Conte Anadramous Fish Research Center. Follow this route down to the parking turnouts adjacent to the canal, and walk down the path there leading to Cabot Woods.

At the Cabot Woods site you will find a few picnic tables, but, most importantly, several severely eroded paths down to the Rock Dam. Flows to this site, critically important to endangered shortnose sturgeon, have already been tamped down enough to chase those ancient fish out of their spawning ground here. But, those same tamped-down flows weeks later here are keeping tricked shad into thinking the viable upstream flows through the notches here will somehow magically return, giving them a viable route. Sadly, they are not going anywhere. Again, some pretty good fishing here this day. These 5 anglers grabbed three in the 25 minutes I stayed along shore.

Fishing in the oft cul-de-sac attraction flow at the Rock Dam.
Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge and view; then back arrow)

Note: there are far more shad struggling just downstream–attracted by the outflow of the Cabot Station hydro site. But there’s no good fishing access to these flows, some of which are designed to lead the shad into what’s been described as the “world’s longest ladder for shad,” by fisheries biologist Dr. Boyd Kynard. It’s a brutal exercise–fishladder 66 steps to fight through, which dumps them into the alien flows and environments of the power canal…

So, that’s where your fish are. Down here, where the ocean connection breaks. Come and visit! Then, take us to court to get what you deserve. It’s your river too!

Connecticut River shortnose sturgeon: a spectacular failure to protect

Posted by on 26 Mar 2020 | Tagged as: Christopher Chaney, Christopher Cheney, Clean Water Act, Connecticut River, Connecticut River pollution, Connecticut River riverbank failure, Connecticut River shortnose sturgeon, Dr. Boyd Kynard, Endangered Species Act, EnviroSho, Federal Energy Regulatory Commission, federally-endangered shortnose sturgeon, FERC, FirstLight, FirstLight Power Resources, Kimberly D. Bose, MA Division of Fish and Wildlife, manganese pollution, Massachusetts Division of Fish & Wildlife, National Marine Fisheries Service, NMFS, P-1889, Rock Dam, Secretary Kimberly Bose, Turners Falls, Turners Falls power canal, Uncategorized, US Fish & Wildlife Service, www.whmp.com

Connecticut River shortnose sturgeon: a spectacular failure to protect
Copyright © 2020, by Karl Meyer. All rights reserved.

Photo Copyright © 2020, by Karl Meyer (click X3 to enlarge)
Well over 4 months since I registered my October 9, 2019 Comments describing critical erosion and polluting impacts on the Connecticut River at fragile habitat at the Rock Dam in Turners Falls–the sole documented natural spawning site for the federally endangered shortnose sturgeon in this river FirstLight Power Resources received instructions from the Federal Energy Regulatory Commission’s Christopher Cheney at the Office of Hydro Compliance. On February 21, 2020, they included the following:

“Dear Mr. Traester:

On October 9, 2019, we received a complaint regarding erosion in the bypassed reach of the Turners Falls Project No. 1889. According to the complaint, releases from the dam caused erosion in the area known as the Rock Dam in the project’s bypassedreach. For us to complete our review of the of the complaint, please file the followinginformation within 30 days of the date of this letter:

1. Photographs and the location(s) and an estimate of the extent(s) (e.g., height, width, depth) of the erosion in the bypassed reach identified in the October 9, 2019complaint.”

Here are some key points, verbatim, from my October 9, 2019 letter, including impacts on this fragile endangered-species spawning site and habitat—and addressing as well, federal and state laws and license conditions:

“In recent weeks I have noted increasingly steady water leakage in the riverbanks above the Rock Dam site, leading to constant water flow intrusions along these banks. Less than 400 feet away sits the downstream, outer-right banking curve of the Turners Falls power canal, which is the apparent source of these increasing water intrusions.
Photo Copyright © 2020, by Karl Meyer.

In a visit to the Rock Dam site on October 8, 2019, I noted the dramatic collapses of a long section of riverbank adjacent to the Rock Dam. This collapse, of some 25 feet in width and dropping down between 5 – 10 feet toward the river, is apparent in my attached photo. Please note that the draped yellow jacket in the foreground is approximately 3-1/2 feet across. This new bank collapse is just south, by perhaps 30 feet, from an earlier recent collapse of a smaller scale of some 6 feet across, occurring at approximately the same bank level. At both of these sites there has been a serious leaching of manganese, the red colored flow toward the river and the sand and cobbles that constitute the shortnose sturgeon spawning site and egg/embryo nursery unique to this reach. Photo Copyright © 2020, by Karl Meyer. (click X3 to enlarge)

Please take action requiring immediate remedy to this situation, which appears to concern license and statute infractions that run afoul of the federal Endangered Species Act, the Clean Water Act, and Article 17 concerning erosion; Article 19, concerning construction and maintenance; Article 18 concerning fishing access; and Article 35 concerning State Historic Preservation under the current license for P-1889.”
Photo Copyright © 2020, by Karl Meyer (click x3 to enlarge)

FirstLight responded on March 20, 2020. They included an all-but-useless satellite shot for a federal agency that has exact information on this site, and pictures of boulder-rubble that connect directly to their dumped rubble that is currently tumbling from their ancient attempts to shore up the failing Connecticut River banks above and adjacent to the TF power canal.
This is evidence of the power company’s failure in decades past. They now attempt infer that the tumbled rocks here are the work of the public and fishermen, not the failed detritus of their ongoing neglect.

FirstLight also failed to address the requested measurements from FERC. And, as to my original complaint, they leave out any mention of manganese, the intrusions and water—and it’s leaching and crumbling connections to the Turners Falls power canal; as well as failure to protect and maintain critical shortnose sturgeon spawning habitat. Nor does FL address the ESA, Clean Water Act, and current FERC license conditions required at this site. Below are excerpts from FL’s response, and below that is a link that you may be able to use to access FirstLight’s full response to FERC:

“FirstLight cannot provide dimensions of the extent of the erosion because there is no evidence of any recent erosion in this natural river channel.”
Above photo taken March 25, 2020 w/sturgeon expert Dr. Boyd Kynard at right, on the failed banks adjacent to Rock Dam. (click X3 to enlarge) Photo Copyright © 2020, by Karl Meyer.

Further, FL states, “Photographs were taken on October 29, 2019, after the October 9, 2019 complaint letter. Note moss on the rocks located within the side channel in Photos Nos. 1 and 2, indicating the preexistenceof a wet environment. Note also a Photo No. 3 showing ~12” rocks placed across the side channel. This section of the bypass reach is frequented by the public in summer months. The rocks aligned across the side channel appear to have been placed by unknown members of the general public, possibly to form a barrier or walk path across the side channel, suggesting that the channel is frequently wetted.”

You may be able to access FirstLight’s full response to FERC by copying an pasting the link below:https://elibrary.ferc.gov/idmws/file_list.asp?accession_num=20200318-5043

You may also want to Comment directly to the Federal Energy Regulatory Commission.
Here’s how:
Go to www.ferc.gov ; then to file E-Comment; from there to Documents and Filings; then to Hydro; then to Washington DC; then paste-in P-1889 for the Project # (you must have this), then check the little X Box; then address your comments to “Secretary Kimberly D. Bose” and comment away! Make sure to include your own contact information.

AND, from FERC Hydro Compliance: Christopher.Chaney@ferc.gov

Also, you may want to contact your agency representatives negotiating on the public’s behalf in the current FERC relicensing. They will assuredly forward your message to their Department Chiefs who are responsible for the CURRENT license and river conditions and enforcement:

For the National Marine Fisheries Service: julie.crocker@noaa.gov
For US Fish & Wildlife Service: ken_sprankle@fws.gov ; melissa_grader@fws.gov
For MA Div. of Fish & Wildlife: caleb.slater@state.ma.us

There’s also your federal and state/local reps: Warren, McGovern, Comerford, etc., all represent you! And, you can write to the local media—this effects all at the ground level, and into the future.

Also, a few recent radio spots addressing this issue, below, with thanks to Bob, d.o., and Glen!

The Enviro Show

The Shortnose Sturgeon are Coming to Spawn –in THIS?

Intervening for the Connecticut River Ecosystem

Posted by on 13 Nov 2019 | Tagged as: Connecticut River ecosystem, Connecticut River shortnose sturgeon, Douglas Bennett, Dr. Boyd Kynard, Endangere Species Act, ESA, Federal Conte Anadromous Fish Research Center, Federal Energy Regulatory Commission, Federal Recovery Plan, federally-endangered Connecticut River shortnose sturgeion, FirstLight Power Resources, Kleinschmidt Associates, Micah Kieffer, National Marine Fisheries Service, National Marine Fisheries Service, NMFS, Northfield Control Room, Northfield Mountain Pumped Storage Project, P-1889, P-2485, Recovery Plan for the Shortnose Sturgeon (Acipenser brevirostrum), Rock Dam, Secretary, Section 9–Prohibition of Take Section 9(a)(1), Steven Leach, Turners Falls dam, Uncategorized, US Fish & Wildlife Service, US Fish and Wildlife Coordination Act

NOTE: below, find photographic evidence and the text of my Request for Rehearing delivered to Federal Energy Regulatory Commission Secretary Kimberly D. Bose on August 11, 2019. My request was granted. I will update this posting when FERC delivers its decision on whether FirstLight can be approved for several Transfer of License applications while being out of compliance with current license requirements that have impacted the critical habitat and spawning of a federally-endangered migratory fish. Text begins below photos.

ALSO here: https://www.youtube.com/watch?v=WZVyFgoFYyA is a link to Episode 187 of Local Bias that I recorded with host Drew Hutchison at the studios of Greenfield Community Television. It is running throughout November on GCTV, and has been broadcast in Hadley, MA, HQ home of Region 5, US Fish & Wildlife Service.


PHOTO: dewatered shortnose sturgeon spawning pool at the Rock Dam in the early hours of May 17, 2019. (Click x3 to enlarge)
Photo Copyright © 2019 by Karl Meyer All rights reserved.


PHOTO: Closed bascule gates and cut-off flow to the main stem Connecticut River on the morning of May 17, 2019. (Click x3 to enlarge)
Photo Copyright © 2019 by Karl Meyer All rights reserved.

Karl Meyer, M.S. Environmental Science
91 Smith Street
Greenfield, MA, 01301
karlmeyer1809@verizon.net

August 11, 2019

The Honorable Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
88 First Street, NE
Washington, DC 20426

Request for a Rehearing of Commission’s July 11, 2019 Order Approving Transfer of License and Substitution of Relicensing Applicant for P-2485-077, FirstLight Hydro Generating Company to Northfield Mountain LLC; and P-1889-088, FirstLight Hydro Generating Company to FirstLightMA Hydro LLC.

Specifically: the FirstLight Hydro Generating Company, Project No. 2485-077 Northfield Mountain LLC) APPLICATION FOR APPROVAL OF TRANSFER OF LICENSE, SUBSTITUTION OF APPLICANT, AND REQUEST FOR EXPEDITED CONSIDERATION; and FirstLight Hydro Generating Company, Project No. 1889-088, FirstLight MA Hydro LLC ) APPLICATION FOR APPROVAL OF TRANSFER OF LICENSE, SUBSTITUTION OF APPLICANT, AND REQUEST FOR EXPEDITED CONSIDERATION

Dear Secretary Bose,

I request that the Commission rehear and review its expedited decision regarding P-2485 and P-1889. This request is being made in part because I believe the Commission erred when it stated in its approvals of the transfers under the Section D headings that “The Transferer is in Compliance with the License.”

FERC’s decision that FirstLight, in its Section 12 Discussion statements, “demonstrated this transfer is in the public Interest,” was made in error—particularly with respect to its Section 16 statements that, “Our review of the compliance history of the project shows that the licensee has been in compliance.” And further, in FERC’s Section 17 Discussion statements that, “In conclusion, we find that Northfield’s transfer application demonstrates that it is qualified to be the licensee for the project. In this case, the transferee has provided documentation showing its fitness to comply with the terms and conditions of the license.”

My request for a rehearing and withdrawal of the Commission’s July 11, 2019 decision granting these license transfers is that FirstLight was not in compliance of the terms and conditions of its license on May 17, 2019 respecting the federal Endangered Species Act, Section 9.(ESA section 9 makes it unlawful to take (harass, harm, kill, etc.) any endangered species.), as well as Article 45: “The operating of Project No. 2485 shall be coordinated with the operation of Project No. 1889.”

Section 9–Prohibition of Take Section 9(a)(1) makes it illegal to take²² an endangered species of fish or wildlife. The take prohibition has been applied to most threatened species by regulation. ²² *: Take–to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct (section 3 of the ESA–definitions). Harm means an act that actually kills or injures wildlife, and may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR § 17.3, § 222.102).

On May 9, 2019, US Geological Services Micah Kieffer, Research Fishery Biologist at the LSC Conte Anadromous Fish Laboratory detected a signal from a radio-tagged shortnose sturgeon at the Rock Dam, a documented natural SNS spawning site on the Connecticut River. Kieffer, a sturgeon specialist, set two nets in the river overnight, and returned early on the morning of May 10, 2019, to find 48 federally endangered shortnose sturgeon in those nets.

In turn, on May 13, 2019, Kieffer emailed a report of this finding in his ongoing work to biologists and various interested parties and SNS stakeholders, noting: “This past Thursday evening we dropped two gill-nets in the Rock Dam pool. Expecting to capture only a few fish, on Friday morning we instead landed 48 individuals: four females (two pre-spawning, one running, one spent) and 44 males (all running sperm) (pers. comm.)” Duly apprised of the presence and apparent spawning activity of that federal endangered species were two biologists working for FirstLight Power Resources–Steven Leach, Senior Fishery Biologist, FirstLight Power Resources, Inc., and Chris Tomichek, Senior Manager, Kleinschmidt Associates, working as a FL consultant.

In an updating May 22, 2019 email that again included fishery and agency biologists and stakeholders, including myself and FL’s Steven Leach and Chris Tomichek, Kieffer noted:

“Greetings to all SNS stakeholders:
Here is an update on the monitoring of SNS spawning at Montague for 2019. Following the May 13 report, we set additional nets on three days (May 14, 16, and 17), mostly at Rock Dam, but a few at Cabot and the Deerfield River, all day-sets to avoid excessive captures like that we experienced on 5/10. These efforts resulted in the additional capture of 11 fish on 5/14 and another 11 on 5/16 (we got skunked on the 17th). Within these efforts, we captured an additional female running eggs that received an external tag, and we also internally tagged three males, two that we PIT-tagged 25 years ago!”

Having been apprised of SNS spawning activity having been observed at Rock Dam on May 10, 2019, I found the Rock Dam spawning and rearing site had had its flows cut and its banks dewatered just a week later, on the morning of Friday, May 17, 2019. That is the same morning when Kieffer later recorded getting “skunked” at Rock Dam. Upstream, FL had shut bascule gates 2, 3, and 4, while pinching down Bascule 1 to just a few hundred CFS. See photos attached. Flow at the Rock Dam had been ramped down to a shallow lick of whitewater, while robust flows have been documented as necessities for females to remain on that spawning ground. Further, the cobble banks had been dewatered, habitat where embryos shelter and develop. The practice is lethal.

In short, FL’s actions at the dam, controlled from upstream at the Northfield Mountain Pumped Storage Station, directly interfered and imperiled SNS spawning. They did this at a time when they were apprised of SNS presence and should have executed the utmost diligence—FL, of its own volition, was in the process of implementing its own test flows for the By Pass reach.

The presence and spawning activity requirements of shortnose sturgeon in the project areas–and within the influences of P-1889 and P-2485 has been known by the license holders for decades. Indeed, several studies were referenced in the PAD, before the beginning of the current relicensing:

From the Northfield Mountain/Turners Falls Pre-Application Document, October 2012, Section 6:

LITERATURE AND INFORMATION SOURCES CITED IN THE DESCRIPTIONS AND SUMMARIES OF EXISTING RESOURCE DATA (18 C.F.R. § 5.6 (c)(2)), pp. 297. – 301
Fish and Aquatic Resources, Sections 6-3, 6-4, 6-5.

Kieffer, Micah & Boyd Kynard. (2007). Effects of Water Manipulations by Turners Falls Dam Hydroelectric Complex Rearing Conditions for Connecticut River Shortnose Sturgeon Early Life Stages. S.O. Turners Falls. MA: Conte Anadromous Fish Research Center.

National Marine Fisheries Service (NMFS). (1998). Recovery Plan for the Shortnose Sturgeon (Acipenser brevirostrum). Prepared by the Shortnose Sturgeon Recovery Team for the National Marine Fisheries Service, Silver Spring, Maryland. 104 pages.

In an email to SNS stakeholders from FirstLight Manager Douglas Bennett, responding to an inquiry from US Fish & Wildlife Biologist Melissa Grader about see-sawing flows and bascule gate settings, Bennett noted that the FL settings impacting SNS spawning and habitat in the By Pass at Rock Dam in the P-1889 Project area had been implemented in the control room of NMPS, P-2485:

“On Friday morning at approximate 1000 the flows receded enough so that the 6500 cfs by-pass flows were initiated by discharging 4400 cfs over Bascules 1 and 4 and 2100 cfs at TF #1 Station.

The 6500 cfs by-pass flows were maintained until 2400 on Saturday evening when by-pass flows were dropped to 4400 cfs, discharging 2400over Bascule gate 1 and 2100 at TF #1 Station. This was an error on our part due to misinterpretation of conflicting schedules in the Northfield Control Room. Corrective actions have been taken to prevent this going forward.”

I witnessed the Rock Dam water-starved and bank-exposed at 5:30 a.m., and my photo of the listless spill with ONLY Bascule 1 open, was taken at 7:30 a.m. Mr. Bennett’s note states that flows had not come down enough to implement FL-initiated test flows until 1000 hrs. He did not mention the setting hours earlier that I documented. Thus, apparently, there had been a ramping down of the bascule from within the NMPS control room sometime in the early morning hours, with the result of further impacts on spawning SNS through a jumble of see-sawing gate settings.

The Commission notes in its granting of these Transfers that “Section 8 of the FPA requires “any successor or assign of the rights of such licensee . . . shall be subject to all the conditions of the license under which such rights are held by such licensee and also subject to all the provisions and conditions of [the FPA] to the same extent as though such successor as assign were the original licensee.”24. FirstLight, at a time when it was apprised of the presence of a federally endangered species did not meet its license requirements here—regarding the ESA Section 9, and the only federally-endangered migratory fish in the Connecticut River

The Commission further stated that, “Northfield is affiliated with companies in the operation and maintenance of hydroelectric projects and will have access to their expertise.” Their actions clearly demonstrate there was no expertise shown or relayed between P-2485 and P-1889 at this critical time.

The Commission noted, in their decision: “In conclusion, we find that Northfield’s transfer application demonstrates that it is qualified to be the licensee for the project. In this case, the transferee has provided documentation showing its fitness to comply with the terms and conditions of the license.”

Their actions clearly call the company’s fitness to operate these plants into question. Is FERC’s finding that these transfers are “in the public’s interest” valid? FL clearly did not coordinate operations between P-2485 and P-1889 at this critical time, which is clearly spelled out in Article 45 of their license. Those actions should have been updated with the Commission and investigated before a Transfer finding was granted. An investigation and exploration of impacts and penalties under Section 9 of the ESA should be undertaken by the Commission before these transfers are validated.

I therefore request that the Commission undertake a rehearing of these license transfers. The grantor and grantee need to demonstrate they can comply with federal regulations to operate these facilities. Please see attachments.

Thank you for your careful review of these matters.

Sincerely,
Karl Meyer

Why no FISH?, STILL???

Posted by on 30 Apr 2019 | Tagged as: American shad, Atlantic salmon, Bellows Falls Fishway, blueback herring, Connecticut River, Connecticut River Atlantic Salmon Commission, Connecticut River migratory fisheries restoration, Connecticut River Watershed Council, CRASC, Daily Hampshire Gazette, Dr. Boyd Kynard, Federal Energy Regulatory Commission, federal trust fish, FERC, FirstLight, Gary Sanderson, Greenfield Recorder, Holyoke Fish Lift, MA Division of Fish and Wildlife, Montague Reporter, National Marine Fisheries Service, National Marine Fisheries Service, NOAA, Northfield Mountain, Northfield Mountain Pumped Storage Station, Public Law 98-138, Rock Dam, shad, shortnose sturgeon, The Greenfield Recorder, The Recorder, Turners Falls, Turners Falls power canal, Uncategorized, US Fish & Wildlife Service, US Geological Survey's Conte Fish Lab, Vernon Dam Fishway

The disastrously-emptied Northfield Mountain Pumped Storage Reservoir, June 27, 2010. (CLICK, then Click several times more for FULLEST VIEW) Copyright © 2019 by Karl Meyer. All Rights Reserved.

WHY no FISH…
All photos and text Copyright © 2019 by Karl Meyer. All Rights Reserved.

By clicking on the blue link WHY no FISH… above, and then clicking it again on the following page, you will open an old PowerPoint presentation that I gave to the Pioneer Valley Chapter of Trout Unlimited in Holyoke in December 2010. It will take several minutes to load, but is then largely self-explanatory, with text available below photos, or by clicking the text tab.

On April 30, 2010 I embarked on a journey to the mouth of the Connecticut River by bicycle, to document the grim crippling of the river and its shad runs due to the lack of enforcement and engagement of fisheries agencies and river organizations. At the time, they were all still cheerleaders for a failed salmon program, ignoring the stark facts of the impacts of the Northfield Mountain Pumped Storage Project on American shad and federally endangered shortnose sturgeon.

At the time I was doing part-time work at the Connecticut River Watershed Council, but quit out of frustration and disappointment just a few months after.

Notably, just a year later, the US Fish & Wildlife Service cancelled its long-failed salmon hatchery and “restoration” program on the Connecticut. A year after that, the river conversation became about the impacts of flows in the Dead Reach of the Connecticut, and Dr. Boyd Kynard’s groundbreaking book focusing on federally endangered shortnose sturgeon at the Rock Dam was released–though only following an unconscionable 3-month embargo of his research data by the US Geological Service.

Nearly a decade later, Northfield Mountain remains the Connecticut River ecosystem’s deadliest machine, directly impacting riverine life and migratory fish abundance in three states.

The Connecticut River now has TWO “conservancies”, but not a single NGO that makes any claims for ENFORCEMENT being a chief (or really ANY) component of their mandate. And ENFORCEMENT is a requisite for any true ecosystem restoration and river protection outfit that means to carry out its mission. This is a four-state ecosystem without a legal team. The Connecticut remains a river unprotected.

Visit the Rock Dam: endangered sturgeon sanctuary

Posted by on 05 Apr 2019 | Tagged as: Connecticut River shortnose sturgeon, Dr. Boyd Kynard, endangerd shortnose sturgeon, Federal Energy Regulatory Commission, FERC, FirstLight, Holyoke Dam, Holyoke Fish Lift, Holyoke Gas & Electric, Northfield Mountain, Relicensing, Rock Dam, Rock Dam Pool, shad, shad larvae, shortnose sturgeon, Turners Falls, Turners Falls dam


Photo Copyright © 2019 by Karl Meyer. All Rights Reserved. (Click, then click twice more to enlarge).

On Sunday, April 14; 10:30 a.m. in Turners Falls you can join sturgeon expert Dr. Boyd Kynard and myself for a short hike to an exceptional and beleaguered aquatic refuge on the Connecticut River. This is a fragile sanctuary that endangered Connecticut River shortnose sturgeon and other species have used as a spawning and rearing refuge for thousands of years.

Today, industrial depredations that result in dribble-and-surge, see-saw flows in the riverbed continually threaten the spawning success of the only federal- and state- endangered migratory fish in this ecosystem. Another looming threat are pods of lumbering rafts, rafters and kayakers with nascent plans to repeatedly surf the single and brief rapid here–landing in fragile habitat, and dragging boats upstream through wetlands and cobbles for endless joy rides.

Photo Copyright © 2019 by Karl Meyer. All Rights Reserved. (Click, then click twice more to enlarge).

Dr. Kynard recounts the shortnose sturgeon’s complex biology centered on this site and his results from decades of sturgeon research at the Rock Dam pool. Meyer gives an overview of this embattled river reach, including geology and human and industrial history. Free.

No pre-registration necessary. Meet at public lot off G Street in Turners Falls, near USGS Conte Fish Lab sign. Includes brief, steep, rugged terrain; not handicapped accessible. Walk best suited for ages 10 and above. Heavy rain cancels.

ALSO of note on the river, Holyoke Gas & Electric was scheduled to start running the fish lifts at South Hadley Falls on April 1st to begin passing this year’s migration of sturgeon, shad, lamprey and herring. As usual, the lifts were not readied in time, and the strongest, most eager migrants are treading water for a full week without upstream access. They are said to begin lifting fish next week, but flows have now come up, which may be an excuse for further delay.

Photo Copyright © 2019 by Karl Meyer. All Rights Reserved. (Click, then click twice more to enlarge).

Meanwhile, as the federal relicensing process for Northfield Moutain and Turners Falls embarks on it SEVENTH year, both FERC and FirstLight appear in no hurry to see the process conclude. Thus, a beleaguered ecosystem and embattled fish and habitats remain starved of their legally required protections.

Photo Copyright © 2019 by Karl Meyer. All Rights Reserved. (Click; then click twice more to enlarge).

CRIPPLED ECOSYSTEM interview with Dr. Boyd Kynard

Posted by on 02 Feb 2018 | Tagged as: Bob Flaherty, Connecticut River, Connecticut River ecosystem, Connecticut River shortnose sturgeon, crippled ecosystem, Dr. Boyd Kynard, Federal Energy Regulatory Commission, Federal Recovery Plan, federally-endangered Connecticut River shortnose sturgeion, Northfield Mountain Pumped Storage Station, Rock Dam


(Above:the de-watered Connecticut River at the Rock Dam, December 4, 2017, CLICK, then CLICK again–and again, to enlarge. Photo Copyright by Karl Meyer, 2017, ALL RIGHTS RESERVED)

A CRIPPLED ECOSYSTEM: retired federal sturgeon expert Dr. Boyd Kynard interviewed about Northfield Mountain Pumped Storage Station reversing the flow of the Connecticut River and its impacts, plus prospects for the long-delayed recovery of this ancient, endangered fish. Listen to the podcast “FERC River Report-River Water for Profit” with Bob Flaherty at www.whmp.com

Fish Futures on a Broken River

Posted by on 04 Nov 2017 | Tagged as: 5-year FERC licensing process, American shad, Connecticut River ecosystem, Connecticut River shortnose sturgeon, Connecticut River Watershed Council, Daily Hampshire Gazette, Dr. Boyd Kynard, Endangere Species Act, Federal Energy Regulatory Commission, federally-endangered shortnose sturgeon, fish passage, Holyoke Fish Lift, National Marine Fisheries Service, National Marine Fisheries Service, Northfield Mountain, Northfield Mountain Pumped Storage Station, PSP Investments, Rock Dam Pool, Rutland Herald, shad, Shortnose Stout, shortnose sturgeon, US Fish & Wildlife Service, US Geological Survey's Conte Fish Lab, USFWS, Vermont, Vermont Digger

Copyright © 2017 by Karl Meyer, All RIGHTS RESERVED

FISH FUTURES ON A BROKEN RIVER

(NOTE: the following appeared in The Rutland Herald, wwww.rutlandherald.com, and on the pages of Vermont Digger, www.vtdigger.org in October)

It’s been decades since migratory fish on New England’s Great River got a break–bleak since deregulation came to federally-licensed electricity plants on the Connecticut beginning in 1998.

Deregulation turned a regional market into a venture capital free-for-all, opening the door to speculators and foreign interests controlling public resources. In less than 20 years the Vernon hydro station changed hands three times. The Vermont Yankee nuclear plant next door is currently courting a third owner. Downstream the Northfield Mountain Pumped Storage Station and Turners Falls hydro complex flipped four times between investors. Further south, the Holyoke hydro station sold only once in 2002.

None of this proved healthy for an ecosystem.

The post-deregulation decade saw a steep slide in American shad passing Holyoke Dam. After two decades of averages well above 300,000 fish, yearly numbers plunged to near half that—a far cry from the 720,000 passed in 1992. Things were even more desperate at Turners Falls Dam. There, impacted by the massive water appetite and violent, peaking flows sent downstream by the Northfield Mountain Pumped Storage Station, passage dropped below 1% some years. For a decade, just 3 or 4 migrating shad in 100 were tallied emerging alive upstream. Today’s numbers languish near 1980s levels.

The federal license signed by Holyoke Gas & Electric in 2002 required they complete lift improvements at Holyoke by 2008 to pass endangered shortnose sturgeon upriver. Sturgeon were literally unable to spawn–blocked at that dam from reaching their only documented natural spawning site, a fail-safe refuge known as the Rock Dam Pool at Turners Falls. Year-in, year-out, that mandate went unenforced. It was finally met last year.

(Note: below, the flow-starved CT in Turners Falls looking downstream toward Rock Dam.CLICK, THEN CLICK AGAIN TO ENLARGE)

In 2004 federal fish biologist Dr. Boyd Kynard handed results of 15 years of Connecticut River shortnose sturgeon research to the National Marine Fisheries Service. He and colleagues had documented that that Rock Dam spawning site for the only federally-endangered migratory fish on the river was being decimated by industrial practices. Yearly gatherings failed for the few dozen spawning-ready sturgeon surviving upstream of Holyoke—as they attempted to continue a tenuous 200 million year-old genetic line. But NMFS didn’t come to their aid; no watchdog intervened.

Ultimately, decades of research by Kynard and company was compiled into Life History and Behaviour of Connecticut River Shortnose and other Sturgeons, published by the World Sturgeon Conservation Society. After experts at the Europe-based WSCS published the book in early 2012, the US Geological Service (where Kynard retired as a federal fish scientist) began making belated objections, halting all publication for a time. Their objections caused a de facto embargo of its sale in the U.S through that spring.

USGS cited editorial and style concerns in “recalling” three chapters on sturgeon biology and spawning—including the data and text showing industrial flows caused spawning failure at Turners Falls. Nearly a dozen state, federal, and university contributors to the book cried foul, citing censorship and the public’s right to government information. In June, concurrent with press inquiries and a letter from Congressman John Olver questioning the withholding of public science, USGS suddenly withdrew all its objections—days before an article highlighting the issues appeared in The Daily Hampshire Gazette. Federal agencies now had the facts. Yet despite the Endangered Species Act, none took action.

In spring of 2014 a popular beer, Shortnose Stout, debuted in the region. Its label displayed Kynard’s website and highlighted spawning conditions at Turners Falls. The Connecticut River Watershed Council soon stepped up to collect donated profits from its sale, yet those sturgeon were left hanging once more. Today conditions at Rock Dam remain as ruinous as when the first 2004 findings were released.

In 2015 the controversial chapters from Kynard’s book got entered into the public record in the current Federal Energy Regulatory Commission’s relicensing process for Northfield Mountain and Turners Falls. With that science on the record, things changed at federal proceedings. Sturgeon spawning became a key factor in flow discussions for future FERC licenses there mandating river conditions. This June, new restoration targets to meet failed 50 year-old federal Anadramous Fish Conservation Act requirements were released by the US Fish & Wildlife Service. With passage failed for half a century at Turners Falls, new shad targets mandate 397,000 fish passing annually. New owner, Canada Public Pension Investments, will be on the hook to build lifts and safeguard sturgeon spawning.

In August a fisherman near Vernon landed an endangered shortnose sturgeon–a fish thought not to exist above Turners Falls. He took a photo and released the fish, sending the picture to officials who confirmed it; then forwarded it to the National Marine Fisheries Service. There is reason to believe that landing may not be an isolated occurrence. NMFS is taking the confirmed capture seriously. Is a remnant shortnose population clinging to life in Vermont and New Hampshire waters? Did someone release them there? Either way, federal law requires owners at Vernon Dam, VT Yankee and Northfield Mountain to protect the migratory fish of the United States as a public trust. After decades of speculation, it’s high time our fish had their day.

NOTE: author Karl Meyer was the idea-creator and author of the beer brand Shortnose Stout. He neither requested or received any compensation or recognition for his work, which was solely aimed at getting important information to the public.

Shortnose Sturgeon Revival Celebration

Posted by on 20 Apr 2017 | Tagged as: Connecticut River ecosystem, Connecticut River shortnose sturgeon, Dr. Boyd Kynard, endangerd shortnose sturgeon, Endangered Species Act, Rock Dam, Rock Dam Pool, Shortnose Stout, shortnose sturgeon, Turners Falls, Turners Falls power canal

Shortnose Sturgeon Revival Celebration, Sunday, April 23, 10:30 am – 12:30 pm
(Click, then click again to enlarge.)

Spring 2017 marks this species’ first free-swimming access from below the 1849 Holyoke Dam to its ancient, upstream Rock Dam spawning site in Turners Falls in 168 years! Join Amherst sturgeon expert and author Dr. Boyd Kynard and environmental journalist Karl Meyer for a visit to the Rock Dam in Turners Falls. The Rock Dam is the only documented natural spawning site for the federally-endangered shortnose in the Connecticut River ecosystem. Kynard covers this ancient creature’s life history and biology. Meyer covers the human and natural history of the spectacular Rock Dam site. Involves a short walk; steep dirt paths. Wear sturdy shoes.

Sunday, April 23rd, 10:30 a.m.–12:30 p.m. Rain or shine; no pre-registration required.
Directions: Cross the 11th St. Bridge in Turners Falls; at first stop sign turn left down G Street. Meet at public lot at end of G Street, just before the entrance sign for the US Conte Fish Lab.

DON’T SHORT-SELL NEW ENGLAND’S GREAT RIVER

Posted by on 17 Mar 2017 | Tagged as: Alex Haro, American Whitewater, Andrew Fisk, Bob Nasdor, Caleb Slater, Connecticut River ecosystem, Connecticut River migratory fisheries restoration, Connecticut River Watershed Council, CRWC, Dr. Boyd Kynard, ecosystem, Endangered Species Act, ESA, Federal Energy Regulatory Commission, federally-endangered Connecticut River shortnose sturgeon, federally-endangered shortnose sturgeon, FERC, FERC licensing process, FirstLight, Holyoke Gas & Electric, John Warner, MA Division of Fish and Wildlife, National Marine Fisheries Service, National Marine Fisheries Service, NMFS, NOAA, Northfield Mountain Pumped Storage Station, PSP Investments, public trust, Relicensing, Sean McDermott, Society of Environmental Journalists, The Nature Conservancy, Turners Falls, Turners Falls dam, US Fish & Wildlife Service, US Geological Survey

(Note: the following piece appeared in The Recorder, www.recorder.com, on March 11, 2017 under the heading: “Who will protect Connecticut River?”)

DON’T SHORT-SELL NEW ENGLAND’S GREAT RIVER

Copyright © 2017 by Karl Meyer

Canadian investors are looking to purchase the Connecticut River for a few decades, cheap and quick. Canada’s Public Sector Pension Investment Board bought up the Northfield Mountain Pumped Storage Station and Turners Falls hydro complex last year as part of PSP Investments. Their New England power play comes in the middle of the 5-year relicensing process for both facilities. That Federal Energy Regulatory Commission process will decide future conditions impacting this four-state ecosystem for decades.

The long-failed Cabot Station Fish Ladder on the Connecticut and competing flows flushing down the Turners Falls Power Canal’s Emergency Spillway. (Note:CLICK, THEN CLICK AGAIN TO ENLARGE.)

Thus, PSP may soon hold sway over what’s long been the most desolate 10-mile stretch of the entire Connecticut. It includes 2.1 miles of riverbed sitting empty for months at a time below Turners Falls Dam. It also includes the reach where, nearly 20 years back, federal fisheries expert Dr. Boyd Kynard found his boat being yanked backward—the Connecticut pulled into reverse by the suction of the Northfield Mountain Pumped Storage Station while he was drifting for bass a mile downstream near the French King Bridge. Looked at fully, it encompasses the entire reach where a 50 year federal migratory fisheries restoration program has long foundered.

On March 7th, after four years of meetings, thousands of pages of reports–and with volumes of study information incomplete and disputed, owners of these FirstLight-branded facilities are hoping select interests agree to take licensing talks underground. They’ll be fishing for backroom deals at a Boston area hotel well before this process has had a full public vetting. FL wants to take this little party private, fast. They’re asking invitees to agree to an embargo on public information about settlement talks, positions and decisions.

The key phrase in their invitation reads: “Because this meeting is intended to initiate confidential settlement discussions, it will not be open to the press or general public.” That’s FirstLight’s Director of Massachusetts Hydro Gus Bakas. His selected invitees include the National Oceanographic and Atmospheric Administration(Sean McDermott), US Fish & Wildlife Service(John Warner), US Geological Survey(Alex Haro), MA Fish & Wildlife(Caleb Slater), towns including Erving, Gill, Northfield, Montague, the Franklin Regional Council of Governments, The Nature Conservancy(Katie Kennedy), the Connecticut River Watershed Council(Andrew Fisk), and American Whitewater(Bob Nasdor).

That FirstLight stipulation is part of the quick-bait to get stakeholders thinking the time is right to cut deals. Sign-up, shut up; then we’ll talk. Cash out with what you can get for your agency, town, non-profit; or your fun-time rafting interests. Promises from this venture capitalist firm–in what’s become an ownership merry-go-round for these facilities, will surely all come true.

Ironically, many of these invitees descend directly from those who failed to step in and step up for the decimated river here decades back. They’re agencies and so-called watchdogs who failed to enforce laws and conditions negotiated when they were signatories to settlement talks for NMPS and Turners Falls nearly 40 years back–and for the 1999 FERC license negotiated for Holyoke Dam as well. At that site, Holyoke Gas & Electric just finally completed required improvements for endangered shortnose sturgeon last spring. Their license had mandated they be completed in 2008. Eight years, nine–no suits, no injunctions; no action.

Maybe that’s because the Watershed Council’s board chair works for HG & E, or because a significant number of board members are retirees from the region’s legacy power companies. Or, might it be because CRWC receives grant monies from National Marine Fisheries, US Fish & Wildlife, and MA Division of Fisheries, that these agencies were never taken to court for the withering spawning conditions and crippling flows experienced by federal trust American shad and federally endangered sturgeon in the reaches from Turners Falls to Northfield?

So who can our river look to for environmental protections under the National Environmental Policy Act, the Fish and Wildlife Coordination Act, the Endangered Species Act, and the Clean Water Act in the future?

Fourteen months remain in this relicensing. Key reports won’t be available until April, while other critical study information won’t be out until July. Some studies may need repeating. The best future for New England’s River will not be well served by quick-and-dirty agreements made in the shadows. Remember, Dear Stakeholders, it’s your names that will be forever associated with the conditions on a future Connecticut River—the river your grandchildren will be relying on. This is no time to sell the Connecticut short. What’s your price for a river’s soul?

Karl Meyer of Greenfield is on the Fish and Aquatics Study Team in the FERC relicensing for the Northfield Mountain and Turners Falls hydro facilities. He is a member of the Society of Environmental Journalists.

(Note: Bob Nasdor is former director of the Massachusetts Commission on Open Government.)

END

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