Martin Suuberg: Commissioner MA Department of Environmental Protection

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THE GREAT FAILURE TO PROTECT

Posted by on 22 May 2021 | Tagged as: Cabot Woods, Clean Water Act, Connecticut River, Connecticut River ecosystem, Connecticut River shortnose sturgeon, Conte National Fish & Wildlife Refuge, Endangered Species Act, Environmental Protection Agency, EPA, ESA, Federal Energy Regulatory Commission, Federal Energy Regulatory Commission Chairman, FERC Commissioner Richard Glick, FirstLight, FirstLight Power, Julie Crocker, Kathleen Theoharides, MA Division of Fish and Wildlife, MA Natural Heritage and Endangered Species Program, Martin Suuberg: Commissioner MA Department of Environmental Protection, Monte Belmonte, National Marine Fisheries Service, National Marine Fisheries Service, Nipmuck, NMFS, Norwottuck, P-1889, P-2485, Pocumtuck, Rock Dam, Rock Dam Pool, Section 9–Prohibition of Take Section 9(a)(1), Shortnose Stout, shortnose sturgeon, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, State of Delaware, Turners Falls dam, Turners Falls power canal, US Fish & Wildlife Service, US Geological Survey, Wendi Weber, wrsi.com

THE GREAT FAILURE TO PROTECT: Flaunting the Endangered Species Act and Other federal and state laws governing clean water and habitat on the Connecticut River at Rock Dam in Massachusetts


Photo credit: US Geological Service

FirstLight’s Turners Falls and Cabot Station under the Federal Energy Regulatory Commission License #: FERC P-1889.

The ROCK DAM spawning nursery on the Connecticut River: the ONLY documented NATURAL spawning site for the ONLY FEDERALLY-ENDANGERED MIGRATORY FISH on the Connecticut River: the CONNECTICUT RIVER SHORTNOSE STURGEON.


Desiccating and baking shortnose sturgeon nursery habitat in the Connecticut River at the Rock Dam pool on May 21, 2021.
Photo Copyright © 2021 by Karl Meyer

The FEDERAL ENDANGERED SPECIES ACT OF 1973, Section 9: the term “TAKE” MAKES IT ILLEGAL TO: “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.”

Other federal and state laws NOT being ENFORCED on the Connecticut River at this critical habitat: the CLEAN WATER ACT, THE WETLANDS PROTECTION ACT, and, the Supreme Court’s 1872 landmark environmental decision for the Connecticut River in Holyoke Company v. Lyman—mandating that private operators of dams and facilities on the Connecticut—and thence for all rivers, must provide safe upstream and downstream passage for migratory fish.

A red slurry enters the Connecticut at the Rock Dam

Copyright © 2021 by Karl Meyer

When there is no WATCHDOG, there is no ENFORCEMENT.

THE: federal and state agencies and leaders responsible for implementation, protection and enforcement of laws and conditions protecting spawning, habitat, life-cycle and survival of the Connecticut River’s sole federal and state endangered migratory fish: THE CONNECTICUT RIVER SHORTNOSE STURGEON

THEIR NAMES:

Phil Glick, Chairman, Federal Energy Regulatory Commission:
Julie Crocker: Branch Chief, Endangered Fish Recovery unit, NOAA, Gloucester MA (
Kathleen Theoharides: Sec. of MA Energy & Environmental Affairs
Martin Suuberg: Commissioner MA Department of Environmental Protection
Ron Amidon: Commissioner MA Dept. of Fish & Game
Daniel McKiernan: Director MA Division of Marine Fisheries
Wendi Weber: Director Region 5, U.S. Fish & Wildlife Service

Here is a link to further discussion of testing the connection between the TF Canal and grim sludge at Rock Dam–w/Monte Belmonte, WRSI.com
https://wrsi.com/monte/how-to-save-the-shortnose-sturgeon/

When there is no WATCHDOG, there is no ENFORCEMENT.

CONNECTICUT RIVER: maybe not left for DEAD after all

Posted by on 04 May 2021 | Tagged as: American shad, Anadromous Fish Conservation Act, Andrew Fisk, Connecticut River, Connecticut River Atlantic Salmon Commission, Connecticut River Watershed Council, Conte National Fish & Wildlife Refuge, CRC, Daniel McKiernan: Director MA Division of Marine Fisheries, Delaware LLC, Eversource, Federal Energy Regulatory Commission, federal trust fish, FERC, FirstLight, Julie Crocker, Kathleen Theoharides, MA Division of Fish and Wildlife, Martin Suuberg, Martin Suuberg: Commissioner MA Department of Environmental Protection, Massachusetts DEP, Massachusetts Division of Fish & Wildlife, National Marine Fisheries Service, NMFS, Northfield Mountain, Northfield Mountain Pumped Storage Station, P-2485, Ron Amidon: Commissioner MA Dept. of Fish and Game, Source to Sea Cleanup, State of Delaware, The Greenfield Recorder, Traprock Center for Peace and Justice, US Fish & Wildlife Service, USFWS, Wendi Weber

CONNECTICUT RIVER: maybe not left for DEAD after all

Following the Great Earth Week Walk for River Survival to the Northfield Mountain Pumped Storage Project on April 24th, it’s been inspiring to see people publicly raising their voices to pull the grim, daily carnage of that power-hungry machine out from the shadows. One of particular insight was written by Susan Olmsted and appeared in The Recorder on April 30:
https://www.recorder.com/my-turn-olmsted-NorthfieldHydroStation-40211638 . Later, Ms. Olmsted relayed those same points into the public record of Federal Energy Regulatory Commission’s relicensing comments for the Northfield docket: FERC P-2485. Those are the routes to raising the public profile of our endlessly crippled River—its fate all but buried under confidentiality agreements and generations of inaction by the responsible agencies and so-called protectors. They all continue to lay low in a process that will decide our river’s ultimate viability for decades.


At the NMPS Intake. Photo Copyright © 2021 by James Smethurst

I again must thank the Traprock Center for Peace and Justice and Anna Gyorgy for organizing the event. Having written about this broken river for decades, and now having served on the Fish and Aquatics Study Team in this endless FERC process since 2012, it was an honor to speak up for the river with a caring and determined crowd in attendance. As I’ve noted to several people, last October I witnessed MA Energy Secretary Kathleen Theoharides and Watershed Council/Conservancy Director Andy Fisk launch a PR canoe tour for elected officials–directly upstream of the killer suction pipes of Northfield. In grim, self-serving fashion neither stepped up to the TV cameras or spoke with attendant reporters to proclaim, “This thing is our river’s greatest killer, it should be closed; this company, FirstLight, wholly re-registered these holdings out of state into Delaware as tax shelters two years back—they have no business here.” Shame on them both.

Watershed Council/CRC Director Andy Fisk, in vest, Chairs the Connecticut River Atlantic Salmon Commission 12/10/2018

BTW, we spoke at some depth on the Walk about the NU/Eversource building-of, and current massive connections to NMPS–and also the long-standing financial and Source to Sea greenwashing links between the Watershed Council/Conservancy and Eversource? Well, here’s a little late-breaking Eversource monopoly news: https://www.eenews.net/stories/1063731537

Personally, I would feel I’d failed our Great River, this ecosystem and coming generations had I never stood in front of this killer to bear witness to the truth. NMPS is a killer, and no configuration that leaves its grim sucking mouth open for ANY part of the year will retrieve it from being the most lethal machine ever deployed on the Connecticut. After so many years I am grateful that I had that opportunity–to stand up with other people and keep faith with our river–and link with those who will depend on its living waters in the future.


Revival Walk Crowd April 24, 2021 Photo Copyright © 2021 by David Keith

I don’t think a single person in attendance that day believes the snake-oil logic for continuing NMPS: that wasting massive amounts of energy to actually pull a river backward for miles–sucking 100s of millions of fish to their deaths as it wrenches its deadened water up a mountain, will ever be any kind energy “clean” or “green” solution on a heating-up planet whose ecosystems are unraveling. FirstLight’s will merely continue the laying-waste to our long-crippled river. It has nourished life here for millennia; they want to trade that in for their few hours of peak-priced energy.


MA Secretary of Energy & Environmental Affairs Kathleen Theoharides talks to the media–just yards away from Northfield’s deadly intake on a fluff PR tour on the river, October 2020. Photo Copyright © 2021 by Karl Meyer

It’s important to remember that this machine’s emplacement ran counter to one of the most significant landmark environmental decisions ever from the US Supreme Court, centered right here on the Connecticut River in 1872. In Holyoke Company v. Lyman the Court decided private operators of dams and facilities on the Connecticut—and thence, for all rivers, must provide safe upstream and downstream passage for migratory fish. Nearly 150 years later, this machine continues crushing millions of migratory fish—among them federal trust American shad, blueback herring and American eels. That killing occurs for eggs, larvae, juveniles and adult fish across the many months of their full migratory life cycles.

With the presence of a real watchdog, NMPS’s illegal presence never would have arisen here. There were decades to have sued for its shutdown. Today, neither its operation–nor FirstLight’s thin mitigation proposal to put up a partial, temporary net across its mouth annually that might spare some adult shad and eels from its suction just two months out of their killing year, even remotely passes the smell test for legal operation in a US Fish & Wildlife Refuge.

Raising public voices and flushing the buried dealings in this race-to-the-bottom FERC relicensing process is now the key to having some real impact in saving the Connecticut.

This Great River still feeds bodies and souls. It’s been struggling for well over half a century without an entity taking on the necessary mandate to “enforce” and take on the employ of a day-to-day legal team worthy of facing down predator corporations. This is an ecosystem destined to failure if citizens stay on the sidelines. But people are getting it; and standing up. Maybe this critical life-line of a river can be revived for the coming half century, to again nourish those of the future.

WORTH NOTING: Massachusetts and federal agency officials responsible for securing a living Connecticut River for your great, great, grand kids–upstream and down, through to Vermont and New Hampshire:

Kathleen Theoharides: Sec. of MA Energy & Environmental Affairs
Martin Suuberg: Commissioner MA Department of Environmental Protection
Ron Amidon: Commissioner MA Dept. of Fish & Game
Daniel McKiernan: Director MA Division of Marine Fisheries
Wendi Weber: Director Region 5, U.S. Fish & Wildlife Service
Julie Crocker: Branch Chief, Endangered Fish Recovery unit, NOAA, Gloucester MA (endangered CT River shortnose sturgeon habitat)