Endangered Species Act

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Who is protecting New England’s Great River??

Posted by on 15 Jul 2019 | Tagged as: Connecticut River migratory fisheries restoration, Conte National Fish & Wildlife Refuge, ecosystem, Endangered Species Act, Federal Energy Regulatory Commission, federal trust fish, federally-endangered Connecticut River shortnose sturgeion, FERC, FirstLight Power, Fish and Aquatics Study Team, limited liability corporation, LLC, Northfield Mountain Pumped Storage Station, Rock Dam, Rock Dam Pool, shortnose sturgeon, Society of Environmental Journalists, State of Delaware, The Daily Hampshire Gazette, The Greenfield Recorder, Treasury Board of Canada, Turners Falls dam, US Fish & Wildlife Service, US Geological Survey, US Geological Survey's Conte Fish Lab, USFWS

The following piece appeared in The Greenfield Recorder on June 27, 2019, and in the Daily Hampshire Gazette on July 17, 2019. The original title ran as “Sturgeon Revival on the Connecticut.” www.recorder.com, www.gazettenet.com .
Ruined Rock Dam spawning and nursery site on May 17, 2019. At upper left is one of the extremely sensitive island habitats that rafters repeatedly trammeled. NOTE: Click, then click twice more to enlarge. Photo Copyright © 2019 by Karl Meyer, All Rights Reserved.

Story, Copyright © 2019 by Karl Meyer. All Rights Reserved.

Something remarkable occurred below Turners Falls this May: four dozen federally-endangered Connecticut River shortnose sturgeon were discovered at their embattled spawning and nursery site–the largest documented aggregation since long-term research began there in 1992.

In the afternoon of May 8, 2019 when US Geological Services biologist Micah Kieffer walked down to the river near the Silvio O. Conte Anadromous Fish Research Center, he got a surprise “burp” on the receiver he carried. That meant just one thing: a radio-tagged sturgeon was nearby. Since early spring consistent high flows had coursed down the riverbed—a rarity in the oft-emptied, 3-mile reach below the Turners Falls Dam controlled by FirstLight Power. Kieffer hustled back to the USGS Lab, gathering armloads of equipment and securing a boat. By nightfall he’d set out nets, hoping to find a few sturgeon where they’ve likely spawned for thousands of years–a unique, cobble-bottomed pool downstream of the dam.

The big shock came first thing next morning. Weighing down the nets were 48 squirming, 2-3 foot long, endangered sturgeon–one female “running eggs”; the males all running sperm. Kieffer worked quickly to catalogue each fish; returning all to the current. Across a quarter century of intensive federal research started under Amherst’s Dr. Boyd Kynard and continuing under Kieffer, this was a critical discovery near a place called Rock Dam—which hosts a single, tiny rapid. That site is critical to the shortnose’ recovery—it’s a unique biological refuge, and their only documented natural spawning site in the ecosystem.

Life-giving spring flows have been rare below Turners Falls Dam for nearly a half century. Most years currents get violently see-sawed up and down and diverted in and out of the riverbed at that dam via computers operated from inside the 1972 Northfield Mountain Pumped Storage Station, seven miles upstream. Those disruptions help service the massive water and energy appetite of Northfield’s pumped storage electricity regeneration and resale regime. Most years spawning success for this 200 million year-old sturgeon species fails at Rock Dam. That flow chaos has also long-handicapped the stalled, four-state federal Connecticut River Cooperative Fisheries Restoration for shad and herring here.

But this year, nourishing high flow continued through that critical biological reach right into the height of shortnose spawning season—which extends to late May. Operating with minimal staff, Kieffer again managed to anchor “day-set” nets in the river on May 15th and 16th. He got 11sturgeon on each of those days. But when nets were set again on May 17th he suddenly found himself skunked.
Exposed, dewatered shoals in shortnose sturgeon spawning and nursery habitat below Rock Dam.
Photo Copyright © 2019 by Karl Meyer. All Rights Reserved. Click x3 to ENLARGE>

At 7:30 on the morning of May 17th, just a single gate spilled a thin stream of water into the channel below Turners Falls Dam. Though river flows had been slowly subsiding, when FirstLight pinched those gates shut they were pulling the plug on spawning flows. According to Dr. Boyd Kynard in his 2012 book, Life History and Behavior of Connecticut River Shortnose and Other Sturgeons, “Flow reductions that occurred while fish were spawning at RockD caused SNS to leave the area, and after females left, they did not later return to RockD spawning habitat.” What’s worse, that abrupt tamp-down dewatered the cobble bottom and shoals below Rock Dam where spawned eggs and embryos shelter and develop through June. It’s deadly.

Later that morning two gates were opened, re-ramping currents in the river. Over the ensuing days US Fish & Wildlife Service representatives noted gates alternately waffling flows up and down in sturgeon spawning time—from two open, down to one; later up to three. Perhaps encouraged by those settings, on May 29th a rafting company was seen repeatedly sending loaded, lumbering rafts over Rock Dam and walking them up onto sensitive island habitats.

FirstLight and those commercial rafters have long been apprised and legally aware of the presence of endangered sturgeon—federal studies are part of the relicensing record here. Liability is spelled out under the Endangered Species Act. A single act of interference with a federally endangered sturgeon carries a penalty of $49,000 and possible jail time. Those dam settings resulted in grim biological conditions at a time FirstLight should have been exercising utmost care: this was in the midst of their providing experimental flows from the dam to fulfill license requirements for migrating shad while meeting sturgeon spawning needs.

This December, FirstLight reregistered their Northfield and Turners Falls facilities in a series of tax-sheltered, limited liability corporations in the State of Delaware. As a venture capital firm, parent-owned by the Treasury Board of Canada, they’re seeking a new federal license to operate on this U.S. River in our Commonwealth for decades to come. This critical reach should not become a cash-cow playground for corporate shareholders or joyriding rafters. It’s time to celebrate the shortnose sturgeon, and time to let a river heal.

Karl Meyer has been a stakeholder and member of the Fish and Aquatics Study Team in the current FERC relicensing process for the Northfield Mountain and Turners Falls projects since 2012. He is a member of the Society of Environmental Journalists.

FISH NEED WATER, BUT NONE MORE THAN THIS SPECIES ON THE BRINK

Posted by on 28 May 2019 | Tagged as: Bob Flaherty, Connecticut River Refuge, Connecticut River shortnose sturgeon, Dead Reach, Endangered Species Act, Federal Recovery Plan, federally-endangered shortnose sturgeon, FERC license, National Marine Fisheries Service, NOAA, Northfield Mountain Pumped Storage Station, Turners Falls dam, WHMP

FISH NEED WATER, BUT NONE MORE THAN THIS SPECIES ON THE BRINK
Copyright © 2019 by Karl Meyer

Photo above is of the starved Connecticut River at the Rock Dam on May 13, 2018. Photo Copyright © 2018 by Karl Meyer. All Rights Reserved. (CLICK, THEN CLICK TWICE MORE TO ENLARGE)

Simple recovery Rx for the federally-endangered shortnose sturgeon at its ancient spawning grounds: enforce uninterrupted spring flows (April – June) in the Connecticut River’s 3-mile long Dead Reach in Turners Falls.

Most years, spawning fails for this 100 million year-old fish, as flows are diverted out of the riverbed through manipulations of the flood gates at Turners Falls dam–operated from the control room inside the Northfield Mountain Pumped Storage Station, located five miles upstream.

The following links to a podcast from a River Report with Bob Flaherty that originally aired on WHMP in mid-May.

https://whmp.com/morning-news/a-federally-endangered-fish-may-finally-get-justice/

Justice for New England’s Embattled River

Posted by on 22 Mar 2019 | Tagged as: American shad, Anadromous Fish Conservation Act, Bellows Falls, Bellows Falls VT, Cabot Station, Canada, Connecticut River, Connecticut River ecosystem, Conte National Fish & Wildlife Refuge, Endangered Species Act, Federal Energy Regulatory Commission, FERC, First Light Hydro Generating Company, FirstLight, Greenfield Recorder, Holyoke Dam, MA Division of Fish and Wildlife, National Marine Fisheries Service, New Hampshire, Northfield Mountain, Northfield Mountain Pumped Storage Project, Northfield Mountain Pumped Storage Station, PSP Investments, Public Sector Pension Investments, shad, shad fishing, Society of Environmental Journalists, Treasury Board of Canada, Turners Falls, Turners Falls dam, United State Supreme Court, US Fish & Wildlife Service, US Fish and Wildlife Coordination Act, Vermont


Above: FirstLight’s sign along Greenfield Road in Turners Falls MA highlighting their historically combined operations with the Northfield Mountain Pumped Storage Station. Photo Copyright © 2019 by Karl Meyer. All Rights Reserved. (CLICK, then click again to enlarge).

NOTE: an edited version of this piece appeared in The Greenfield Recorder on March 20, 2019, www.recorder.com .

Copyright © 2019 by Karl Meyer. All Rights Reserved.

Justice for New England’s Embattled River

In a shockingly-belated move on December 20, 2018, Canada’s FirstLight Hydro Generating Company petitioned the Federal Energy Regulatory Commission for “expedited consideration” of their last minute request to transfer the licenses of its Northfield Mountain and Turners Falls Projects on the Connecticut River into separate LLC holding companies. They further requested the just-minted corporations be substituted as the new license applicants in the ongoing federal hydro relicensing process, begun here in September 2012. FirstLight is wholly owned under the Treasury Board of Canada as Public Sector Pension Investments, a venture capital corporation.

For over half a decade stakeholders including the US Fish & Wildlife Service, the National Marine Fisheries Service, MA Division of Fish & Wildlife, and nearly a dozen assorted stakeholders and town governments have been meeting and negotiating with a single entity, FirstLight Hydro. All have been working toward a FL-requested single new license—one mandating river protections for the synchronized generating operations of Northfield Mountain and Turners Falls/Cabot Station along 10 miles of the Connecticut.

FL’s petition arrived just eight days after they’d quietly reregistered their conjoined operations in the State of Delaware as two separate, new, “limited liability” corporations—asking FERC to substitute their new LLCs as applicants for separate licenses.

FirstLight’s “expedited” request came just two days before stakeholders including the USFWS and National Marine Fisheries Service–agencies with “conditioning authority” in this relicensing, were sidelined by the government shutdown. FL wanted a decision no later than February 28th. Fortunately FERC extended the deadline. A decision is now expected by March 28th.

Turners Falls Dam crippled this ecosystem the day it was completed way back in 1798. Controlled for decades from a room inside the Northfield Mountain, it continues enabling crushing impacts on this four-state ecosystem artery, namesake of the Silvio O. Conte Connecticut River National Fish & Wildlife Refuge. New Englanders have long-awaited their rights to their River. Yet Massachusetts, Vermont and New Hampshire all remain essentially without upstream and downstream fish passage and protections at Northfield and Turners Falls—required of owners of all federally-licensed dams in the United States since the landmark Supreme Court decision in Holyoke Company vs. Lyman since 1872.

That landmark ruling should have dramatically changed conditions here beginning on April 30, 2018, when the current license for the NMPS—controller of Turners Falls dam, expired. But a new license has yet to be signed; and FERC has since extended the current license. Still, any corporation–foreign or domestic, must comply-with protections under the Anadromous Fish Conservation Act, the Endangered Species Act, the US Fish and Wildlife Coordination Act and Clean Water Act, among others.

Results from a Connecticut River study released last June by the US Fish & Wildlife Service and MA Fisheries & Wildlife estimated that NMPS’s 2017 operations resulted in losses of some 15 million shad eggs and larvae, plus the deaths of between 1 and 2-1/2 million juvenile shad. That’s for just one species.

NMPS sucks the river’s aquatic life into its turbines for hours at a time at 15,000 cubic feet per second–killing virtually everything it inhales. For two years running, NMPS consumed 33% more virgin power from the grid than it later returned in peak-priced, second-hand bursts. Though it can regenerate pulses of up to 1,100 megawatts for 6-8 hours—once emptied of its deadened reservoir waters, Northfield is virtually dead itself, and must begin sucking new virgin power from the grid, shredding more life.

Recent studies find that 80% percent of the shad tagged in the lower river and later recorded passing Holyoke Dam were again recorded reaching the Turners Falls project, some 35 miles upriver. They were still heading upstream. Holyoke has passed an average of 316,000 shad upstream annually since 1976. During that time, just 1-in-10 shad ever swam beyond the miseries created via Turners Falls Dam. Over 250,000 of this ecosystem’s shad are likely turned away annually on the doorstep to Greenfield, Montague, Gill, Millers Falls, Erving and Northfield—barred from the rest of New England all the way Bellows Falls VT as well.

In 2017, the 2nd biggest shad run ever passed Holyoke Dam: 537,000 edible, catchable fish. Fewer than 49,000 passed Turners Falls.

So perhaps it’s time to remind our Canadian-FirstLight guests—recently reregistered in Delaware, that when they purchased some hardware and hydro assets in Massachusetts nearly three years back, they didn’t purchase New England’s great river. They merely bought rights to lease some of our river’s water until the current federal license expired on April 30, 2018. After that time, how much, how often–and at what cost they might continue to operate via a new leased portion of some our river’s flow would be subject to all the laws and regulations of the United States and those of the Commonwealth of Massachusetts.

Karl Meyer has been a stakeholder and member of the Fish and Aquatics Study Team in the current FERC relicensing process for the Northfield Mountain and Turners Falls projects since 2012. He is a member of the Society of Environmental Journalists.

NOTE: the piece below appeared at www.vtdigger.org in January.

Karl Meyer: Connecticut River dam owners pulling a fast one

“Clean, renewable” labels don’t apply

Posted by on 01 Oct 2018 | Tagged as: Ashuelot River, Bellows Falls, blueback herring, canal shad, Connecticut River, Connecticut River ecosystem, Connecticut River migratory fisheries restoration, Connecticut River shortnose sturgeon, crippled ecosystem, Dead Reach, ecosystem, endangerd shortnose sturgeon, Endangered Species Act, Federal Energy Regulatory Commission, federal trust fish, federally-endangered shortnose sturgeon, FERC, FERC Commissioner Neil Chatterjee, FERC license, FirstLight, Fish and Aquatics Study Team, fish counts, fish kill, fish kill on the Connecticut, fish passage, fishway windows, Holyoke Fish Lift, MA Division of Fish and Wildlife, MA Natural Heritage and Endangered Species Program, National Marine Fisheries Service, National Marine Fisheries Service, New Hampshire, NMFS, Northfield Mountain, Northfield Mountain Pumped Storage Project, Northfield Mountain Pumped Storage Reservoir, Northfield Mountain Pumped Storage Station, nuclear power, PSP Investments, Public Law 98-138, pumped storage, Relicensing, resident river fish, Saxtons River, Scott Pruitt, shad, shortnose sturgeon, Society of Environmental Journalists, Turners Falls, Turners Falls dam, Turners Falls power canal, US Fish & Wildlife Service, USFWS, Vermont, Vermont Digger, Vermont Yankee

Copyright © 2018 by Karl Meyer All Rights Reserved.

NOTE: the following piece appeared in VTDigger, www.vtdigger.org in September under the heading “Clean, renewable” labels don’t apply when crippling an ecosystem.”

TERMS OF ENTRAINMENT: a Connecticut River History


NOTE:in this photo are over 170 juvenile shad, among the many thousands killed in the recent de-watering of the Turners Falls Power Canal. The power canal is where the bulk of the Connecticut River is diverted into for most months of the year. So, when they drain it, they are killing the river. However, if you look at this photo and multiply that death toll by 10,000 you begin to get some idea of the mortality counts for young-of-the-year shad entrained annually–and un-tallied across nearly five decades, at the Northfield Mountain Pumped Storage Station. (CLICK, then CLICK twice more to enlarge photos.)

At 2:41 p.m. on May 20, 2018, a lone blueback herring appeared in the windows at Turners Falls Dam among a school of larger American shad. It was a small miracle. Barely a foot long, it was the first blueback here since 2005, and there would not be another this spring. Like those shad, its life had already spanned four springs, swimming thousands of ocean miles in shimmering schools. It re-crossed bays and estuaries of seven states and two provinces before reaching this Connecticut River juncture. In doing so it had survived sprawling drift nets and repeated attacks from sharks, bluefish, spiny dogfish, cormorants, seals and striped bass.

All these fish were seeking to spawn and give their young a head start as far upriver as currents, time and temperature would allow. Unfortunately, five miles upstream sat the Northfield Mountain Pumped Storage Station, a river vacuuming machine capable of out-killing all their natural predators. For the next 20 miles they’d be vulnerable to its impacts.

NMPS has inhaled river fish of all species and sizes daily for nearly half a century. Results from a river sampling study Juvenile Shad Assessment in the Connecticut River, were released in June by the US Fish & Wildlife Service and MA Division of Fisheries & Wildlife. They estimated NMPS’s 2017 operations resulted in losses of some 15 million shad eggs and larvae, plus the deaths of between 1 and 2-1/2 million juvenile shad. That’s for just one species.

On April 20, 1967, years before Northfield was built, federal agencies and four states signed the Statement of Intent for a Cooperative Fishery Restoration Program for the Connecticut River, agreeing to restore runs of American shad, salmon and blueback herring upstream to Bellows Falls, Vermont and beyond. The migratory shortnose sturgeon had already been listed as endangered. Continuing today under Public Law 98-138, its mandate requires utilization of “the full potential of the fishery resources of the Connecticut River including both anadromous and resident species,” providing “high quality sport fishing,” and meeting “the long term needs of the population for seafood.”

American shad are still commercially fished today just 60 miles downriver. They’ve provided seafood to this valley for ages, yet most people in Vermont, New Hampshire and Massachusetts don’t know they were promised a “just share of the fishery harvest” back in 1967. All remain without, while shad continue to grace dinner and restaurant tables in Connecticut every spring.

Running on imported power via the buy-low/sell-high model, Northfield can suck the river into reverse for up to a mile downstream. It devours everything captured in that vortex at 15,000 cubic feet per second. Think 15,000 milk crates, for hours, to fill a 5 billion gallon mountain reservoir. The result is 100% mortality for all fish entrained. During peak-use and/or peak-price times—or both, it sends the deadened water back through its turbines as twice-produced electricity.

NOTE: more of the TF Canal kill here in another location–including mostly juvenile shad, but also a bluegill, several mud-puppies, and a young sea lamprey. Again, this is just a whisper of the year round fish kill occurring upstream at Northfield Mountain.

Northfield was built to run off Vermont Yankee’s excess nuclear megawatts. But even after VY closed in 2014, its carnage continued, unchallenged, rather than being relegated to emergency use. Having never produced a watt of its own power, its 46 years of accumulating carnage are yet to be tallied. That herring might have been heading for New Hampshire’s Ashuelot or Vermont’s Saxtons River, and those shad were perhaps steering for the Great Eddy at Bellows Falls. Regardless, any progeny would later face Northfield’s net-loss-power impacts heading downriver come fall.

Currently it pumps mostly at night when Canadian owners PSP Investments can purchase cheap electricity to suction the river uphill. Later it’s released as second-hand juice at peak-of-the-day profits. Promoters claim the benefits of dispersed solar and wind power can’t be realized without first relaying their renewable energy across the region to this lethal storage machine for later resale in markets far beyond the Connecticut Valley. “Clean, renewable” labels don’t apply when crippling an ecosystem.

NMPS boosters include (now-former) EPA Director Scott Pruitt, who made a sweetheart visit there last Valentine’s Day along with Federal Energy Regulatory Commissioner Neil Chatterjee. That occurred as PSP was requesting to suction yet more water from the Connecticut and applying for a new long-term FERC license. The next day FERC announced a major policy shift, potentially increasing both Northfield’s daytime use and its profits.

Since an 1872 landmark Supreme Court ruling indemnifying Holyoke Dam, all hydro facilities have been required to safely pass the public’s fish, upstream and down. But that 1967 agreement had this warning: “Based on the present fragmentary data available on the Northfield Mountain Pumped Storage Project, it appears that this project poses definite limitations to an anadromous fish restoration program. These limitations involve the physical loss of eggs, larvae and young fish of both resident and anadromous species, and an orientation problem for both upstream and downstream migrants attributed to pumping large volumes of water.” Today the 20 mile reach hosting Northfield remains a migration minefield—while some 30 miles of open Vermont/New Hampshire spawning habitat above Vernon Dam sits essentially empty.

Holyoke Dam has annually lifted hundreds of thousands of shad and herring upstream since the 1970s. In 2017 it recorded its second highest shad numbers ever, 537,000 fish. Each spring, half or more of those shad attempt to pass Turners Falls. Less than 10-in-100 will succeed. Of those, some 50% drop from tallies and are never re-counted at Vernon Dam after entering the 20 miles impacted by Northfield. The blueback herring record at Turners Falls was 9,600 in 1986, out of the 517,000 counted 36 miles downstream at Holyoke that year. Of those 9,600 Turners herrings, just 94 reached Vernon Dam. Turners Falls saw another 7,500 blueback herring in 1991; just 383 reappeared upstream at Vernon.

Any new long-term FERC license must comply with federal and state law protecting endangered and public-trust fish. In seeking a new license, PSP’s main proposal for limiting Northfield’s massive carnage has been the test-anchoring of a few yards of Kevlar netting in the riverbed in front of the plant’s suction-and-surge tunnel. Those flag-sized yards of mesh, after a few months deployment, are supposed to effectively model how a 1,000 foot-long “exclusion net”–deployed seasonally in the river over the next decades, might halt the entrainment deaths of out-migrating adult–and millions of juvenile young-of-the year fish, heading back to the sea. Presumably, Northfield’s mouth would remain wide open to the ecosystem’s fish throughout the rest of the year.

In light of longstanding research the US Fish & Wildlife Service, Atlantic States Marine Fisheries Commission and Connecticut River Atlantic Salmon Commission have set shad passage goals requiring that a minimum of 397,000 pass Turners Falls; and a minimum of 226,000 pass Vernon Dam. It’s a certainty that a new fish lift will be required at Turners Falls under any new license, modeled on the long-term success of Holyoke’s lifts. But the ultimate question is this: can Northfield comply with federal and state law protecting the four-state ecosystem’s fish in order to be granted a new FERC license?

END

Karl Meyer has been a stakeholder and member of the Fish and Aquatics Study Team in the current FERC relicensing process for the Northfield Mountain and Turners Falls projects since 2012. He is a member of the Society of Environmental Journalists.

ONE LAST CHANCE FOR THE CONNECTICUT RIVER

Posted by on 03 Sep 2018 | Tagged as: American shad, blueback herring, Clean Water Act, Connecticut River, Connecticut River ecosystem, Connecticut River shortnose sturgeon, Endangered Species Act, ESA, Federal Energy Regulatory Commission, FERC, FERC licensing process, MA Division of Fish and Wildlife, MA Natural Heritage and Endangered Species Program, National Marine Fisheries Service, National Marine Fisheries Service, NMFS, Northfield Mountain Pumped Storage Project, Northfield Mountain Pumped Storage Station, PSP Investments, Rock Dam Pool, shad, Society of Environmental Journalists, Turners Falls dam, Turners Falls power canal, US Fish & Wildlife Service, USFWS, Vermont, Vermont Yankee, Vernon Dam Fishway, Walpole

ONE LAST CHANCE FOR THE CONNECTICUT RIVER

Copyright © 2018, by Karl Meyer. All Rights Reserved.

Empty CT River bed below Turners Falls Dam on September 2, 2018 (CLICK, then CLICK AGAIN, to ENLARGE)

Northfield MA. On Wednesday, September 5, 2018, New England gets one final chance for a restored Connecticut River ecosystem, promised by federal and state fisheries agencies way back in 1967. That’s the day when the National Marine Fisheries Service, US Fish & Wildlife Service and MA Division of Fisheries & Wildlife meet at the Northfield Mountain Pumped Storage Project for precedent-setting, backroom settlement negotiations to decide the ultimate fate of this ecosystem–long-crippled by the impacts of Northfield’s river-suctioning, power re-generation. They will be representing the public on behalf of New England’s Great River against the interests of FirstLight/PSP Investments of Canada, latest venture capital owners of NMPS. Future generations deserve the living river system promised here long ago.

Closed river gates at Turners Falls Dam, September 2, 2018. (CLICK, the CLICK AGAIN to ENLARGE)

The last time similar negotiations took place was in the 1970s when the agencies misplaced their priorities and Northfield’s nuclear-powered (NMPS was built to run off the excess megawatts produced by the now-closed Vermont Yankee nuclear plant, 15 miles upstream) assault on the river was ignored, scuttling prospects for a river restoration in Vermont, New Hampshire, and northern Massachusetts. Those negotiations led to federal fish hatcheries and ladders for an extinct salmon strain, leaving miles of the Connecticut emptied of flow in Massachusetts, while all migratory shad, blueback herring and lamprey were forced into the industrial labyrinth of the Turners Falls power canal. That also succeeded in leaving the federally-endangered Connecticut River shortnose sturgeon with no protections at all on its critical spawning ground.

Worst of all back then, the agencies failed to protect migratory and resident fish from the year-round deadly assault of NMPS, which sucks the river backward and uphill at 15,000 cubic feet per second. Its vortex can actually yank the Connecticut’s flow into reverse for up to a mile downstream, pulling everything from tiny shad eggs to juvenile fish and adult eels into its turbines on a certain-death Northfield Mountain Sleigh Ride. A USFWS study found that Northfield killed up to 15 million American shad eggs and swallowed between 1 – 2-1/2 million juvenile shad in 2017.

Northfield’s Canadian owners are seeking a new, generations-long operating license from the Federal Energy Regulatory Commission. The relicensing process has now completed its 6th year, with the serious work of safeguarding New England’s largest ecosystem just now coming into focus. This plant is an energy consumer, and has never produced a single watt of its own energy. It’s a bulk-grid power storage and transfer station that can only run for about 6 hours full tilt before it is completely spent and dead in the water. Then, it must go out and suck new virgin power from the bulk grid to begin refilling its reservoir with deadened river water. Its regenerated power is marketed and resold to entities far beyond the borders of the Connecticut River Valley.

New Hampshire, Vermont and Massachusetts have a lot a stake here. Way back in 1967 they were promised a just share of a restored seafood harvest of American shad, all the way upstream to Bellows Falls VT and Walpole NH. Safe passage of fish, upstream and down, has been mandated on US rivers since a 1872 Supreme Court case. But no meaningful runs of shad and blueback herring ever materialized upstream of the brutal industrial impacts and flows created at Northfield Mountain and Turners Falls Dam. In 1967 when these agencies signed that Cooperative Fisheries Restoration agreement, 750,000 American shad was the target for passage above Vernon Dam to wide-open Vermont and New Hampshire habitats. The best year, 1991, saw just 37,000 fish.

Northfield’s giant Intake and Entrainment Tunnel (CLICK, then CLICK AGAIN to ENLARGE)

As for those shortnose sturgeon? Well, investigations continue to see if there is a remnant of this river’s population surviving upstream near Vernon. But, in Massachusetts their protection from interference and guaranteed spawning access and flows should have been enforced decades back in the 2-1/2 miles below PSP’s Turners Falls dam. But none of the federal and state agencies took action.

And here, the only non-profit river groups on the Connecticut have long been power-company-friendly and connected–and still accepting their corporate money. Other major river systems have watchdogs without ties to the corporations that cripple them–putting staff lawyers and their enforcement commitments and responsibilities front and center. These go to court repeatedly–the only method leading to lasting, meaningful results. Here, no one takes corporations to court for license violations or requirements under the Endangered Species Act or Clean Water Act. Others might have led a campaign to shut down an ecosystem killing plant the day the Vermont Yankee nuclear plant shut down forever in December 2014.

4-barrel floats above a few yards of experimental test netting that’s supposed to emulate how a 1000 foot-long net might be deployed seasonally over the coming decades to keep millions of baby fish from going on a Northfield Mountain Sleigh Ride. (CLICK, then CLICK AGAIN to ENLARGE)

Thus, it is really is now-or-never time on for a living Connecticut River ecosystem. So, the big question is: are the key agencies going to stand firm under federal and state environmental statute and law, and fulfill their mandate on behalf of future generations?

Here are some of the key questions to be decided at the table that will ultimately tell the four-state Connecticut River ecosystem’s future:

Can Northfield Mountain Pumped Storage Station—which literally kills millions of fish annually, be operated in such a way that it complies with long-standing federal and state environmental law in order to receive a new FERC license?

Will the US Fish & Wildlife Service and National Marine Fisheries require PSP’s operations to cease during critical times in the spawning cycles of the river’s fish—and only operate as an emergency power source at those times, rather than as a net-power loss, buy-low/sell high profit machine? (This happens on other river systems.)

Will National Marine Fisheries require the necessary 6,500 cubic feet per second flows now absent below Turners Falls Dam—from April through June, to protect the federally endangered shortnose sturgeon in its critical spawning ground?

Will the Massachusetts Division of Fisheries & Wildlife at last stand up for river protections in that same 2-1/2 miles of beleaguered river to safeguard over a dozen threatened and endangered plant, fish and aquatic species?

Will the National Marine Fisheries Service and the Commonwealth of Massachusetts protect the full spawning cycle of the shortnose sturgeon by barring all rafts and watercraft from landing on any of the islands in this stretch—and banning all disembarking in the critical Rock Dam Pool spawning area to safeguard young fish, rare plants and freshwater clams?

In deference to recognized New England Native American Peoples, will Massachusetts’s Natural Heritage Program leaders, the Massachusetts Historical Commission and the US Fish & Wildlife ban access to the Connecticut River islands in that embattled 2-1/2 mile reach, where several Tribes have a documented presence and ancient connection to these extremely sensitive sites?

Ultimately, the questions that will soon be answered are these:

Does the river belong to the corporation, or to the people?
Do endangered species matter?
Do ecosystems matter?
Do federal and state environmental laws matter?
And, finally: DO RIVERS MATTER?

Coming generations may soon have their answers on the Connecticut River.

Karl Meyer has been a stakeholder and member of the Fish and Aquatics Study Team in the current FERC relicensing process for the Northfield Mountain and Turners Falls projects since 2012. He is a member of the Society of Environmental Journalists. Due to the non-disclosure agreements requested to take part in these private meetings with PSP Investments, he is not participating in these closed-door settlement discussions. The public is entitled to know.

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

No “Springtime for Sturgeon in Holyoke…”

Posted by on 06 May 2016 | Tagged as: Connecticut River, Connecticut River ecosystem, Endangered Species Act, Federal Energy Regulatory Commission, federal trust fish, federally-endangered shortnose sturgeon, FERC, Holyoke Fish Lift, Holyoke Gas & Electric, MA Division of Fish and Wildlife, National Marine Fisheries Service, NMFS, NOAA, Rock Dam, Rock Dam Pool, shortnose sturgeon, Turners Falls, US Fish & Wildlife Service, USFWS

SHadFalls2MtTom
HG&E’s Holyoke Dam with Mt. Tom in background(click to enlarge)

No “Springtime for Sturgeon in Holyoke…” Unenforced FERC License continues the woes for the Connecticut’s only federally endangered migratory fish

Copyright © 2016 by Karl Meyer

For endangered shortnose sturgeon on the Connecticut River this year has been the best thing and the worst thing to happen to them since 1849. In an infinitely promising development over a dozen sturgeon(13 thus far)have found their way into the retooled Holyoke Fish Lift this spring—and all were lifted 30 feet toward upstream spawning habitats at the facility. However, in a most ugly turn of events for a creature listed under the Endangered Species Act since 1967, every one of those sturgeon was subsequently dropped back downstream by humans working there. They literally gained ten yards… after 167 years. Sorry kids, wait ‘til next year–or maybe the one after that.

In 2002 Holyoke Gas and Electric was issued a FERC license under which they were required to complete construction of a fish lift providing up- and downstream access for endangered sturgeon by 2008. FERC, responsible for enforcing those license requirements as well as the tenets of the ESA, failed to enforce their requirements, leaving those improvements unconstructed, year after year. The National Marine Fisheries Service, US Fish & Wildlife Service, and MA Division of Fisheries & Wildlife sat on their hands respecting their responsibilities to act. Nor did any so-called “watchdog” group fulfill their role–to make the enforcers enforce.

This was just the latest failure in a foundering Connecticut River ecosystem steered by money and politics rather than legal obligations, science, and enforcement of the public trust. Just consider that one of the Connecticut River Watershed Council’s Board Members has worked for Holyoke Gas & Electric at their fish lift for a decade… Then consider the resounding silence on enforcement.

This year–a full 9 springs beyond their license obligations, HG&E finally completed that mandated construction at the Holyoke Fish Lift. That says a mouthful about FERC, their licensing process, private industry, and whether anyone is actually protecting the public’s fish and river.

Grimly this spring, when the most sturgeon embarking on upstream spawning runs since the building of the railroads made it to the top of those South Hadley Falls, all were captured and “released downstream” of Holyoke Dam. This bit of brilliance comes via the orders—or lack thereof, of NOAA’s National Marine Fisheries Service. Their failure to act again denies any new genetic input into the tiny upstream population keeping this species’ flickering spark alive across the centuries up at their sole natural spawning site, the Rock Dam in Turners Falls.

Below Holyoke, generation after generation of these long-lived fish have been relegated to simply growing to maturity, repeatedly attempting to return upstream, and ultimately expiring without ever having the chance to pass on their genes. That goes back to the time of President Zachery Taylor.

In one very cruel act of fate, any shortnose sturgeon finding themselves downstream of the newly constructed Holyoke Dam in 1849, were forever barred from reaching their sole natural spawning site in the river system—that ancient Rock Dam pool in Turners Falls. What that has meant is that hundreds upon hundreds of these fabulously evolved fish–across more than a century and a half, have been relegated to the status of “reproductive nulls,” unable to spawn in their natal river system.

Pick your favorite bad actor in this failed scenario–there are a half-dozen choices.

Stakeholder PROTEST of FERC Revised Study Plan finding endangering Connecticut River shortnose sturgeon

Posted by on 07 Mar 2016 | Tagged as: Connecticut River shortnose sturgeon, Dead Reach, Dr. Boyd Kynard, endangerd shortnose sturgeon, Endangered Species Act, ESA, Extinction, Federal Energy Regulatory Commission, federally-endangered shortnose sturgeon, FERC, Fish and Aquatics Study Team, GDF-Suez FirstLight, MA Division of Fish and Wildlife, National Marine Fisheries Service, NMFS, NOAA, Rock Dam, Secretary Kimberly Bose, US Fish & Wildlife Service, USFWS

(The following Stakeholder testimony was submitted to FERC on March 4, 2016)

Karl Meyer, M.S.
85 School Street # 3
Greenfield, MA, 01301
413-773-0006 March 4, 2016

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

RE: P-1889 and P-2485, and federally-endangered Connecticut River shortnose sturgeon, (Acipenser brevirostrum)

PROTEST of FERC-sanctioned Revised Plan for Study 3.3.19, issued to FirstLight Power Resources, Inc, in a February 25, 2016 FERC letter to Mr. James P. Donohue of FirstLight, by Vince E. Yearick, FERC Director, Division of Hydropower Relicensing.

Dear Secretary Bose,

I protest the FERC finding issued on February 25, 2016 for P-2485 and P-1889 specifically because it sanctions test flows that are documented to cause spawning failure for the federally-endangered Connecticut River shortnose sturgeon (Acipenser brevirostrum) at its only documented natural spawning site, the Rock Dam, in the Connecticut River. FirstLight has proposed and FERC has accepted Study Plan test flows of 1500 cubic feet per second in the CT River’s By Pass Reach for April, May and June 2016. That low level of flow will displace and wipe out a full season’s spawning and rearing of Young of Year life stage SNS at their ancient Rock Dam nursery site.

Though my FERC Stakeholder comments of January 28, 2016 specifically addressed this ESA issue, FirstLight did not respond to the endangerment issue in its RSP revisions. Further, I had made this issue clear to FirstLight and its agents, FERC staff, and key stakeholder agencies in an email delivered on January 20, 2016. I again reiterated the endangered species impacts to those same parties in an email delivered on February 24, 2016. Madam Secretary, I again made my concerns about spawning interference and failure to you and for the FERC record in a letter delivered February 26, 2016. All are available for perusal in the FERC record for P-2485 and P-1889.

Shortnose sturgeon gather at this spawning and nursery site annually between April 22 and May 25 for pre-spawning and spawning. Further, the complex of key biological characteristics of flow, varying depths, and cobble/sand habitat provide SNS with protective options that nurture developing Young of the Year throughout June into July.

According to 17 years of published studies at that site documented by Dr. Boyd Kynard and research colleagues, a continuous minimum flow of 2500 cfs is required to protect sturgeon spawning and rearing at this site. Therefore, I PROTEST the findings of the FERC Revised Study Plan determination issued by FERC on February 25, 2016, and request that only continuous protective minimum flows of 2500 cfs be allowed in this study, and throughout the 2016 SNS spawning and rearing season, as well as all ensuing springs.

The following publication has been referenced in the FERC ILP for these projects by both federal and state stakeholder agencies, FERC, as well as FirstLight and their agents.

“LIFE HISTORY AND BEHAVIOUR OF CONNECTICUT RIVER SHORTNOSE AND OTHER STURGEONS, 2012, by Boyd Kynard, Paolo Bronzi et al, World Sturgeon Conservation Society: Special Publication # 4

“Effect of hydroelectric operations on spawning”

Page 101, bottom: “During the 11 yr spawning failed (excluding the failed migration in 2002), when discharge levels were too low for 5 yr and too high for 4 yr. During one yr (2007), discharge during April was both to low and too high. When spawning failed at RockD due to low discharge during 4 yr (1995, 1998, 1999, and 2006)m discharge decreased to <70 m3 s-1 for at least 4 d by 30 April (Fig. 14), the earlier period of low discharge likely marked a threshold making the RockD unattractive to spawning fish.”

Further published data, tables, and required flows necessary in this reach appear on pages 101-102 of LIFE HISTORY AND BEHAVIOUR OF CONNECTICUT RIVER SHORTNOSE AND OTHER STURGEIONS.

I would welcome a FERC hearing on this critical ESA issue and would make myself available for testimony. Thank you for your attention to this pressing matter.

Sincerely,
Karl Meyer
Fish and Aquatics Study Team, P-2485 and P-1889

Cc’d via email to:
Brandon Cherry, FERC
James Donohue, FirstLight
Julie Crocker, NOAA
John Warner, USFWS
Caleb Slater, MA Division of Fisheries & Wildlife

FERC sanctions crippling flows for federally-endangered Connecticut River shortnose sturgeon

Posted by on 01 Mar 2016 | Tagged as: 5-year FERC licensing process, endangerd shortnose sturgeon, Endangered Species Act, Federal Energy Regulatory Commission, federally-endangered shortnose sturgeon, FERC, FirstLight, Fish and Aquatics Study Team, GDF-Suez FirstLight, MA Division of Fish and Wildlife, National Marine Fisheries Service, NOAA, US Fish & Wildlife Service

The following Stakeholder Comments concerning proposed study flows that will wipe out this season’s spawning for federally-endangered Connecticut River shortnose sturgeon at their only documented natural spawning site in the river system were submitted to FERC Secretary Cheryl on Friday, February 26, 2016. They include comments submitted on Wednesday, February 24, 2016 to FERC staff, federal and state fisheries agents responsible for endangered species protection, and FirstLight–who proposed to include the crippling 1500 cfs(cubic feet per second) flows in FERC-ordered Study 3.3.19.

On Thursday, February 24, 2016, Vince E. Yearik, FERC Director of the Division of Hydropower directed FirstLight’s James Donohue that the ruinous 1500 cfs flows will be allowed at the Connecticut River shortnose sturgeon’s only documented natural spawning site in the spring of 2016.

My Stakeholder Comment letter, on the FERC official record for P-2485 and P-1889, is directly below.

Karl Meyer, M.S.
85 School Street # 3
Greenfield, MA, 01301
413-773-0006 February 26, 2016

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

RE: P-1889 and P-2485

Dear Secretary Bose,

The comments below respecting federally-endangered Connecticut River shortnose sturgeon and Study 3.3.19 were delivered via email to GDF-Suez FirstLight�s James Donohue, FERC staff including Brandon Cherry, and Caleb Slater(MA), Julie Crocker(NOAA), and John Warner(USFWS) on 2/24/2016.

Thank you,
Karl Meyer

Dear Chris et al,
I commented to you and in the FERC record on your RSP for Study 3.3.19, the Ultrasound Study in P-2485 and P-1889, to repel fish from Cabot Tailrace. Since I was somehow left off the email list in the �call for comments� that went out on 2/11/2016, I will take the opportunity to comment at this time.
In your newly-revised RSP you failed to reply to this comment of mine in particular:

�The final week should be at a minimum of 2,500 CFS�which, as FL has indicated in their response to a new Stakeholder Study suggested at the Rock Dam for shortnose sturgeon spawning: 2,500 CFS is the absolute minimum, uninterrupted flow necessary through the Bypass from April 25 � May 22, in order to not interfere with the spawning of a federally endangered species at Rock Dam. In their response, FL cited �Kynard� et al. Minimum flows to keep SNS embryos and eggs motile, watered, and viable are required there throughout the month of June.�

FirstLight has now indicated it intends to use test flows including 1500 cfs in its Ultrasound Study. This is unacceptable, as data shows this will harm a federally endangered species, the Connecticut River shortnose sturgeon. FirstLight has cited Kynard, Kieffer et al; Life History and Behaviour of the Connecticut River shortnose and other sturgeons, in their official FERC comments. Both FERC and the agencies are in possession of the scientific study data contained therein. An examination of Chapter 3 and the �Effects of hydroelectric operations on spawning� makes it quite clear that 2500 cfs is the minimum continuous flow needed to allow females to sustain a presence at the site and complete successful spawning. Flows go below that level�and 1500 cfs is far below that required threshold, will cause sturgeon spawning to fail.

A continuous flow of 2500 cfs is the only protective flow that should be allowed in the Ultrasound Study�it is also necessary throughout the month of June to protect the Early Life Stages of shortnose sturgeon. Please make the required modifications, as I�m certain the agencies and FERC will not give you license to run afoul of the federal Endangered Species Act, as well as similar state statutes.
A review of the FERC record, as well as your proposed Revisions for 3.3.19 are included below. Thanks.
Best,
Karl Meyer,
Fish and Aquatics Study Team

In 2015, FERC agreed with FirstLight and rejected requested snorkeling studies to determine the fish assemblage in the By Pass Reach out of an abundance of caution for impacts they might have on federally-endangered shortnose sturgeon whose only documented natural spawning site is the Rock Dam Pool in that reach.
Though the record clearly misstates that that snorkeling survey request was for the By Pass Reach downstream of Turners Falls Dam�written as �downstream of Cabot Station�, the protected status and determination to �do no harm� was quite clear in FERC�s reply. Excerpts from FERC Staff directly below.
From 01/22/2015, FERC Study Modifications Determination Letter

Study 3.3.11 – Fish Assemblage Assessment
�Requested Study Modifications

The U.S. Fish and Wildlife Service (Interior) proposes modifying the study to require FirstLight to conduct snorkeling surveys in the reach downstream of Cabot Station, in order to avoid all effects on shortnose sturgeon during the spawning season. The Nature Conservancy and Karl Meyer support Interior�s proposed study modification.

Comments on Requested Study Modifications

To avoid all effects on shortnose sturgeon during the April-June period in the reach downstream of Cabot Station, FirstLight states that it will rely on sampling from the project impoundment, sampling of the reach downstream of Cabot Station during other times of the year (after June 30), and existing data from a 2009 electrofishing survey of the area downstream of Cabot Station.

Discussion and Staff Recommendation

The goal of this study is to provide general information on fish species that are present in the impoundment and in the river downstream of the dam and Cabot Station. Based on the description in the modified study plan, FirstLight�s proposed method will provide information on species occurrence, species distribution, relative abundance, and habitat associations that will adequately describe the existing fish community. Because FirstLight�s proposed methods would achieve the goals of the study while avoiding effects on spawning sturgeon, we conclude that snorkeling is not necessary and the study plan filed with the ISR should be approved without modification.�

And�FirstLight�s current revised flow plan for 3.3.19:

�This study would establish a high frequency sound (ultrasound) array across the entire Cabot Station tailrace and determine the effect of the ensonified field on upstream migrating shad moving by Cabot Station. Bypass reach test flows during the study will include flows of 1,500 cfs, 2,500 cfs and 4,400 cfs. These flows will be released depending on river flow conditions. When possible, flows will alternate with the array on for one day then off for one day at 1,500 cfs, followed by one day on and one day off at 2,500 cfs, then one day on and one day off at 4,400 cfs. This sequence will be repeated throughout the study depending on river flow. The field study will include two components: a) DIDSON count of shad entering the Cabot fish ladder and b) detection of telemetered adult shad to determine their movements after they encounter the sound field.�

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