UNITED STATES of AMERICA
before the
FEDERAL ENERGY REGULATORY COMMISSION




S.D. Warren (SAPPI)
Eel Weir Dam
Sebago Lake, Maine
FERC Project No. 2984


Recommendations and Comments
of Friends of Sebago Lake


Introduction


Sebago Lake is Maine's second largest and deepest lake. It contains the largest and most significant natural sand beaches of any lake in the organized territories of Maine. Sebago Lake is one of only four native homes of freshwater Atlantic salmon in New England. The native freshwater Atlantic salmon of Sebago Lake are the largest known in the United States, with individuals exceeding 35 pounds.

Because of severe mismanagement, both the natural beaches and Atlantic salmon of Sebago Lake are now in steep decline.

Since 1987 the natural beaches of Sebago have been severely eroded due to the water level management of S.D. Warren, operator of the Eel Weir dam at the outlet of Sebago Lake. Adjustments made to the water management regime since 1997 have not rebuilt these beaches and several of Sebago Lake's finest natural beaches continue to erode.

The introduction of an exotic fish species (lake trout) by the Maine Department of Inland Fisheries & Wildlife has severely harmed the native freshwater Atlantic salmon and rainbow smelt of Sebago Lake. The lack of any fish passage at the Eel Weir Dam prevents Sebago salmon from using their historic spawning grounds in the upper Presumpscot River. Artificial stocking of smelt and salmon to Sebago Lake and salmon and brook trout to the upper Presumpscot River is now required to replace the wild, self-sustaining populations which formerly thrived here.

The common thread to the degradation of the natural beaches and native fisheries of Sebago Lake is the theory that we can "do it better" than nature. Prior to any management of Sebago Lake, its natural beaches were expansive and its native fisheries were wild, robust and healthy. Today, intensive artificial management of Sebago Lake's hydrology and fisheries is at its zenith. And today, the natural beaches and native fisheries of Sebago Lake are in their worst condition since the lake was created 12,000 years ago.

Sebago Lake shares a common thread with its outlet, the Presumpscot River. In recent years, public agencies and citizens agreed that for the Presumpscot River to be healthy again, its management must be returned to the natural forces which created and sustained it. To this end, the pollution which once plagued the river has been abated and the Presumpscot has responded with vigor. The removal of the Smelt Hill Dam in the fall of 2002 has restored the lower seven miles of the Presumpscot River and estuary to its natural condition. This spring, only six months after the Smelt Hill Dam was removed, native fish species such as American shad, alewives and striped bass migrated upstream to Westbrook for the first time in memory.

These rapid and significant improvements in the health of the Presumpscot River are not due to artificial management of the river. These improvements have occurred because people have returned management of the river back to the natural forces which created and sustained the river for thousands of years.

The artificial management of Sebago Lake during the past century has not improved the health of the lake or its native fisheries. As artificial management of Sebago Lake has increased, the health of the lake and its native fisheries has correspondingly decreased.

Friends of Sebago Lake believes it is time to allow the scientifically credible and successful strategy employed on the Presumpscot River to migrate upstream to Sebago Lake.



I. Lake Level Management Plan (LLMP)

A. Recommendation


Beach profile studies conducted to date show little rebuilding of the natural beaches of Sebago Lake and continued erosion and loss of beach material at several beaches. Because of this, Friends of Sebago Lake recommends the following adjustments to the 1997 Lake Level Management Plan.

a) Lower spring target to 265.65 feet msl.

b) Change fall target levels as follows:

· In one of every two years, lower the lake to 261 ft. msl by November 1st. This level represents the fiftieth percentile of the lake's historic range from 1910 to 1980.

· In one of every four years, lower the lake to 260 ft. msl by November 1st. This level represents the twenty fifth percentile of the lake's historic range from 1910 to 1980.

· In one of every ten years, lower the lake to 259 ft. msl by November 1st. This level represents the tenth percentile of the lakes's historic range from 1910 to 1980.

B. Rationale


These changes to the LLMP will allow the seasonal water levels and range of fluctuation at Sebago Lake to more closely approximate those historic conditions which preserved the size, character and stability of Sebago Lake's natural beaches and its shoreline.

These recommendations are consonant with FERC staff's analysis in 1997, which stated:

"Beach accretion can take place at various stages of lake level if the proper wave conditions are present. During high lake levels, the upper part of the beach profile can both erode and accrete depending on wave conditions present, however during accretion the sediment deposited in the upper beach profile will be taken from the mid to lower portions of the beach profile. During the fall months, wave conditions are more conducive to erosion than accretion.

"By lowering lake levels during the fall, erosion takes place along the mid portion of the beach profile. However, as the wave conditions change during the fall and lake levels remain low, the mid portions of the beach will undergo accretion. If low lake levels are not maintained during the fall, the mid portions of the beach will not have the opportunity to accrete and the beach will become steeper along the upper part of the beach profile.

"A steep beach profile would experience greater landward erosion during the fall storm events, because waves would impact the upper part of the beach profile with greater intensity than they would if a more gently sloping beach profile were present. Consequently it is important to maintain lower lake levels during the fall months to minimize beach erosion." (FERC FEIS at 4-5)

The above changes to the LLMP will approximate the annual lake level range documented to occur on Sebago Lake from 1910 to 1980, a period when the lake's natural beaches were large and stable.

During the last two decades, annual lake level range (minimum to maximum) has been significantly reduced as compared to the period 1910 to 1980.

In 2002, lake level range (minimum to maximum) was 5.8 feet. From 1910 to 1980, Sebago Lake's annual range exceeded 5.8 feet in 23 of 70 years, or approximately once every three years. In contrast, the lake's annual range has reached 5.8 feet only once in the past 22 years and has been less than five feet in 20 of the past 22 years.

These recommendations are consistent with FERC staff's conclusion in 1997 that restoration of the pre-1987 water level regime at Sebago Lake offered the best opportunity to rebuild and preserve the natural beaches of Sebago Lake.

In 1997, FERC staff analyzed aerial photographs of natural beaches on Sebago Lake dating from 1940 to 1991. Their analysis showed that three beaches, including Songo Beach, were large and stable during the period 1953 to 1980.

FERC staff concluded an LLMP which approximated the hydrograph of the lake during this period of beach stability provided the best opportunity to allow the lake's natural beaches to restore and maintain themselves. The annual lake level range during the 1953-1980 period selected by FERC staff exceeded five feet in 16 of the 27 years, or approximately once every two years. In contrast, annual lake level range has exceeded five feet only twice in the past 22 years.

The LLMP changes proposed will achieve the goal of FERC staff in 1997 to mimic the hydrograph of Sebago Lake for that period in the 20th century when the lake's natural beaches were documented to be large and stable.

C. Existing conditions


In 1997, FERC staff attributed recent and severe beach erosion to S.D. Warren's alteration of the historic lake level regime during the late 1980s.

In 1997, FERC staff proposed an LLMP that closely approximated the hydrograph of Sebago Lake during a long period of beach stability -- 1953-1980. Friends of Sebago Lake proposed an LLMP with lake levels consistent with the 1910-1980 hydrograph. All other proposed LLMPs advocated fall lake levels much higher than the period when the natural beaches of Sebago Lake were large and stable.

Citing to extensive scientific literature on beach formation, FERC staff concluded that of all the proposed lake level management plans, only those offered by FERC staff and Friends of Sebago Lake provided the requisite lake levels and annual range fluctuations to return the lake's natural beaches to their historic size and character.

Specifically, FERC staff wrote:

"The low lake [Friends of Sebago Lake proposal] and staff alternatives both have median lake elevations, for the fall months, that are very similar to the baseline hydrograph. We predict that these alternatives would result in erosion rates very similar to, or less than, those experienced during the 1953 to 1980 time period. Similarly, the low lake and staff alternatives should also encourage beach accretion. Although the low lake alternative elevations are below the baseline hydrograph we cannot predict if this would further minimize erosion and promote beach accretion, therefore, we conclude that the low lake alternative and staff alternative offer the best protection against shoreline erosion and the best potential for beach accretion of the six alternatives." (FERC FEIS at 5-2)

Despite the substantial scientific evidence in support of its LLMP, FERC staff abandoned its LLMP in favor of a "compromise" plan offered by the State of Maine. The State of Maine did not assert its LLMP would allow the natural beaches of Sebago Lake to rebuild themselves to their historic size and character. The State of Maine conceded its "compromise" LLMP would at best reduce the severity of beach erosion resulting from S.D. Warren's alteration of the historic lake level regime; and "encourage" some degree of beach accretion.

To determine the response of Sebago Lake to the 1997 State of Maine's LLMP, two separate beach profile studies have been conducted in recent years.

The first study was conducted by Duke Engineering & Services from 1997 to 2000 at 15 beach sites on the northern, western and southern shorelines of Sebago Lake.

The second study was conducted by the Maine Geological Survey at five sites on the northerly shore of Sebago Lake, including three sites in Sebago Lake State Park and one site on the southern end of Frye Island. This study compared beach profiles taken in the early 1990s to conditions at the same sites in 2002.

Data from these two studies show the following:

· None of the surveyed beaches have seen substantial recovery of sand since implementation of the 1997 lake level management plan.

· Several beach sites studied, particularly sections of Songo Beach and Frye Island beach, have not stabilized and are still eroding.

Of Songo Beach Site #3, the Duke Engineering & Services report states:

"The 1999 profile indicates erosion of up to a maximum of one foot compared to the 1998 data. This erosion was noted to be caused by storms with southerly winds in September through October during higher water elevations in the fall."

Of Songo Beach Site #5, the Duke Engineering & Services report states:

"The 1999 profile compared to 1998 indicates erosion in the mid profile, attributable to the fall storms. The 1999 profile shows erosion of up to 0.8 feet vertically in mid profile, while indicating accretion of up to 0.5 feet vertically in the lower profile."

Of Songo Beach Site #7, the Duke Engineering & Services report states:

"The comparison of the 1998 profile data indicates that the beach shape has remained relatively stable, but that the beach crest has receded approximately 20 feet horizontally between 1998 and 1996 ... The 1999 data shows the beach to have receded approximately four additional feet. A comparison of the 1999 data to the 1998 data indicates a slight erosion of 0.1 feet vertically along the upper profile in an area from the POB to 50 feet horizontally along the profile. The mid profile indicates erosion of up to 1 foot vertically compared to 1998 in an area between 50 and 100 feet from the POB. The 1999 erosion is indicated to have occurred in October and early November from fall storm events. A comparison of the 2000 profile to the 1999 profile indicates furthe recession in the beach crest by approximately 10 feet horizontally and 0.4 feet vertical accretion. Accretion seems to occur during the late spring and summer when water levels are highest. The comparison also shows erosion of up to 0.7 feet vertically between 38 and 63 feet from POB, accretion of up to 0.6 feet vertically between 63 and 88 feet from POB, and minor erosion at the end of the profile."

Of the Songo Beach Site #3, the Maine Geological Survey report states:

"April 1991 to April 2003 -- This plot shows a twelve year difference between surveys. Between April of 1991 and April of 2003 a loss of sand occurred along the upper profile at Songo #3."

Of the Songo Beach Site #5, the Maine Geological Survey report states:

"March 1991 - April 2003 -- This plot shows a twelve year span in profiles. Much of the sand that is lost is in the upper portion of the profile between ten and forty feet out from the pin. As at Songo Beach #3, this loss is attributed to the fall storm of 1996 which had strong southerly winds on top of a full lake."

Of the Frye Island Beach Site #2, the Maine Geological Survey report states:

"October 1993 - October 2002 -- This plot shows an October 1993 profile compared to an October 2002 profile line, a nine year difference. A loss of sand (up to six inches) is seen between three and fifteen feet out on the profile line. A small loss is also seen from approximately twenty-five feet out on the line to fifty feet out. Below the 263 ft. msl level a larger loss of sand has occurred. Over a foot of sand is gone from beyond the fifty foot mark."

D. Study conclusions


Recent beach profile studies conducted at Sebago Lake confirm FERC staff predictions in 1997 and the immutability of the physical laws that control erosion and accretion of natural beaches on natural, inland lakes.

Specifically:

· The LLMP's restoration of fall lake levels to a point closer to historic levels has reduced the severity of beach erosion at Sebago Lake.

· The LLMP's maintenance of lake levels significantly above the historic regime has failed to arrest beach erosion and has failed to allow for significant accretion and beach rebuilding.

None of this should be surprising.

A passage in a January 31, 1995 letter from W. Dana Perkins, Jr. of the Portland Water District accurately describes the unavoidable consequences of intensive, artificial management of Sebago Lake:

"It is now probably apparent to everyone that exercising more control over outflows in order to keep levels within a specified range is both possible and self defeating if the goal is to maintain historical levels in the distant future. Prior to 1987 dam outflows were not changed much during the summer months, and the weather determined how fast and how far the lake dropped. Any attempt to control lake level to a greater extent than was done prior to 1987 will result in a narrower range of lake levels for any given week. In addition, since the greatest control is achieved when there is abundant water and less control is achieved when the weather is dry, over time there will be fewer excursions above the historical median of 1986."

Prior to 1987, seasonal precipitation trends were the dominant influence on outflows and lake levels at Sebago Lake, with secondary influence from S.D. Warren's day to day operation of the Eel Weir Dam.

In 1987, S.D. Warren began aggressively manipulating seasonal outflows at the dam, resulting in a lake level regime significantly different from historic conditions. Some of these changes, particularly higher fall lake levels, caused the natural beaches of the lake to quickly and severely erode.

In 1997 the State of Maine attempted to reach a "negotiated settlement" on the laws of physics that control the erosion and accretion of sediments along the shore of Sebago Lake. The State of Maine failed to realize the laws of physics are not subject to negotiation.

The scientific literature is replete with case studies of the negative impacts of artificial, intensive management of water levels on natural lakes. Natural lake ecosystems have evolved in response to long-term variations in seasonal precipitation. Beaches and shoreline features are the physical expression of the natural hydrologic regime of a lake. The laws of physics require natural beaches and shoreline features to change in shape, size and character when the natural hydrologic regime of a lake is artificially altered and manipulated.

The natural sand beaches of Sebago Lake are a resource of statewide and regional significance. A 1989 study by the State of Maine found Sebago Lake was the only lake in the organized territories of Maine to have numerous large, natural sand beaches (Parkin and Lortie 1989). The study authors specifically recommended inclusion of two of these beaches in the State of Maine's Critical Natural Areas registry. The study specifically highlighted the uniqueness of Songo Beach (a large inland spit beach); and the Frye Island beach (a large island beach on an inland lake). Recent beach profile studies have shown these two beaches to be suffering from the most severe erosion of all Sebago Lake beaches. The LLMP must be adjusted to arrest this continuing erosion.



II. FISHERIES

A. Recommendation.


Friends of Sebago Lake recommends that upstream and downstream passage be restored for the freshwater Atlantic salmon of Sebago Lake at the Eel Weir Dam.

B. History of the Native Fisheries of Sebago Lake


Sebago Lake was created by continental glaciers that receded from southern Maine approx. 14,000 years ago. The ice sheet carved Sebago Lake from the underlying bedrock. Deglaciation and meltwater dispersed miles of gravel to create the shape of Sebago Lake that we see today.

Depression of the Earth's crust by the weight of the glaciers caused seawater to pour into Maine's interior as the ice sheet retreated north. By 11,000 B.P. portions of Sebago Lake were an embayment of the Atlantic Ocean. Marine clays exposed in the southeastern section of Sebago Lake indicate much of it was a deep and still marine environment for many centuries.

After glaciation, the bedrock of New England warped upward, causing sea-level to sharply drop. Gravel, sand and boulders left by the glaciers were sorted by melt water into a gently sloping alluvial plain that today is the course of the Crooked River. This glacial debris formed a berm at the southern end of Sebago Lake which forced the lake's outlet to migrate north to the course of the present-day Presumpscot River.

This geologic history greatly shaped the native fish assemblage of Sebago Lake. During the transition from a marine embayment to a large freshwater lake, several marine fish species adapted to life in the lake, including Atlantic salmon, rainbow smelt and the cusk. All three of these fish live in Sebago Lake today.

The post-glacial conditions which allowed establishment of Atlantic salmon and rainbow smelt in freshwater lakes were very narrow. Only four native populations of freshwater Atlantic salmon occur in New England. The freshwater Atlantic salmon in Sebago Lake are the southernmost native population in North America.

Sebago Lake is an unusually favorable environment for freshwater Atlantic salmon. Freshwater Atlantic salmon caught in Sebago Lake have always dwarved those from the three other native homes of the species in New England (Green Lake, Union River, Maine; Sebec Lake, Penobscot River drainage, Maine; West Grand Lake and St. Croix River drainage, Maine). While five pound freshwater Atlantic salmon were considered trophies to 19th century anglers at West Grand Lake and Sebec Lake, anglers at Sebago Lake caught freshwater Atlantic salmon as large as 22 pounds; and ten and 15 pound salmon were not uncommon. The largest freshwater Atlantic salmon recorded from Sebago Lake were documented in 1908. That year, fishery biologists captured one salmon weighing 35.5 pounds and a second weighing 31.25 pounds (Kendall 1935).

C. Life History of the Atlantic Salmon (Salmo salar).


An understanding of the life history of the Atlantic salmon is critical to understanding the issues regarding this native fish species in Sebago Lake and the upper Presumpscot River.

Anadromous Atlantic salmon are born in freshwater rivers of North America and Europe. After two or more years of growth in their natal rivers, Atlantic salmon migrate to the Atlantic Ocean and spend their adult lives there. After several years in their ocean habitat, adult Atlantic salmon return to the freshwater river where they were born to mate and reproduce. Unlike Pacific Ocean salmon species, Atlantic salmon do not die after spawning and may repeatedly migrate back and forth from the ocean to their natal river to spawn.

Since the last Ice Age, some Atlantic salmon populations in North America and Europe have developed a life history that does not require adults to migrate to the Atlantic Ocean.

Like anadromous Atlantic salmon, these salmon spawn in freshwater rivers and their progeny spend their first several years of life growing in these rivers. However, instead of migrating to the Atlantic Ocean, these Atlantic salmon migrate to nearby freshwater lakes containing native populations of rainbow smelt (Osmerus mordax). As adults, these lake-dwelling or "landlocked" Atlantic salmon subsist almost entirely on the rainbow smelt populations in these lakes. Upon reaching sexual maturity, these Atlantic salmon migrate to their natal streams to spawn and migrate back to their natal lakes to resume feeding on rainbow smelt.

In the United States, only four river watersheds support native populations of these freshwater, "landlocked" Atlantic salmon. These watersheds are all in the State of Maine and include the St. Croix River, the Union River, the Penobscot River and the Presumpscot River.

Because of the rarity and popularity of "landlocked" Atlantic salmon in Maine, these fish and their habitat have been rigorously studied for more than 100 years. The seminal scientific study of freshwater Atlantic salmon in Maine was written by two state fisheries scientists, Keith Havey and Kendall Warner, and published in 1970 by the Maine Department of Inland Fisheries & Wildlife. Havey and Warner's 130-page study is titled The Landlocked Salmon (Salmo salar). Its Life History and Management in Maine.

Havey and Warner's monograph identified two critical life history requirements for these "landlocked" Atlantic salmon:

a) Access to rivers with suitable habitat for spawning and juvenile development.
b) Access to lakes with healthy populations of rainbow smelt for adult salmon to feed on.

Their study established that if these life history requirements are not met in a watershed, freshwater Atlantic salmon will not maintain viable populations in the watershed.

D. History of Fisheries Management in the Upper Presumpscot River


1900 - 1992: The De-watered Presumpscot River

Prior to the construction of dams at the outlet of Sebago Lake, freshwater Atlantic salmon travelled freely between Sebago Lake and the Presumpscot River and utilized the upper Presumpscot River for spawning and nursery habitat (Atkins and Foster 1869; Kendall 1935). Kendall states:

"In the Presumpscot River, which is the outlet of Sebago Lake, the Sebago salmon used to breed and in the spring of the year, large well-conditioned salmon were found in the stream. Later they disappeared. Prior to the erection of the dam at the head of the river, and later while the fishway was effective, most, if not all, of the salmon returned to the lake. In later years, the fishway having become impassable, some of the fish continued to disappear, where to, no one knows."

The construction of the Eel Weir Dam deprived Sebago Lake Atlantic salmon of access to their native spawning grounds in the upper Presumpscot River. The placement of the Eel Weir power house 4,000 feet below the dam spillway caused the dewatering of 6,700 feet of the upper Presumpscot River in the so-called "Eel Weir Reach." This reach of the Presumpscot River remained dewatered for the next 90 years.

Pierce et al. (1985) described contemporary conditions in the de-watered reach:

"Because of the lack of any consistent flow in the river channel, the Presumpscot River immediately below Sebago has not been afforded the opportunity to support a stream fishery for landlocks (salmon) or brook trout. Notable landlocked Atlantic salmon fisheries do exist in such outlet streams as the West Branch of the Penobscot River, Grand Lake Stream, East and West Outlets of Moosehead Lake, and Rangeley Lake. The lack of such a fishery at Sebago is due to a partially effective barrier screen installed at the canal entrance [of Eel Weir Dam] which prevents significant numbers of adults from dropping down to the river below. The sluices are operated only on rare occasions and during times when salmon are not present in large numbers. An undetermined number of adult salmon do make their downstream during certain times of year, especially during the fall spawning period, and early in the spring when the draw on Sebago is greatest. Each year landlocks are caught on rod and reel in the Eel Weir Hydro Station tailrace and also from North Gorham Pond. The presence of salmon below Sebago Lake is a positive indication of drop-down, because North Gorham Pond is not stocked with salmon and no significant amounts of salmon spawning and nursery area presently exist to support the species."

In 1985, with re-licensing of the Eel Weir Dam pending, the Maine Department of Inland Fisheries & Wildlife developed a fisheries management plan for the "Eel Weir Reach" in support of its request that regular flows be re-established in the de-watered riverbed below the outlet of Sebago Lake. S.D. Warren opposed re-watering the river. After lengthy deliberations, the Federal Energy Regulatory Commission ordered Warren to provide stable flows in the Eel Weir Reach of the Presumpscot River, which was finally re-watered in 1992.

MDIF&W's 1985 fisheries management plan for the Eel Weir Reach of the Presumpscot River (Pierce et al. 1985) adopted the following goals:

"1. Provide a minimum flow adequate to maximize the potential habitat units for landlocked Atlantic salmon available in the Presumpscot River from the outlet at Sebago Lake to North Gorham Pond.

"2. Provide for safe downstream passage of fish from Sebago with a control mechanism to limit numbers allowed to drop out of Sebago Lake ....

"5. Maintain the average size salmon caught at between 17.0 and 20.0 inches.

"6. Allow an annual harvest of between 150 and 250 salmon.

"7. Provide angling diversity by means of a limited stocking of brook trout."

While this plan allowed Atlantic salmon to travel from Sebago Lake to the upper Presumpscot River, it did not allow these salmon to complete their natural migration back to Sebago Lake to feed on rainbow smelt, which they need to survive. November 1985 consultation meeting notes state that MDIF&W biologists acknowledged upstream passage facilities might be needed in the future to return adult salmon to Sebago Lake.

Notes from this consultation meeting with MDIF&W, U.S. Fish & Wildlife Service and S.D. Warren reveal serious concerns whether the above fishery goals for the Eel Weir Reach could be achieved if Atlantic salmon in the upper Presumpscot River did not have passage at Eel Weir Dam and access to rainbow smelt forage (Charles Ritzi Associates 1986).

The meeting notes state: "[MDIF&W biologist] Pierce did not feel there was likely to be any problem with food supplies for salmon in the bypass reach and that adult salmon would be able to rely on smelt drift from Sebago Lake and any existing smelt population in North Gorham Pond. He felt that a smelt population in North Gorham Pond could be established if necessary."

In April 1986, Charles Ritzi Associates, consultants for S.D. Warren, provided a detailed report (Charles Ritzi Associates 1986) questioning MDIF&W's claim that adult Sebago Lake salmon could survive in the upper Presumpscot River without rainbow smelt as forage. The report said of the free-flowing Eel Weir Reach and North Gorham dam impoundment: "There is no indication of the presence of smelt, the primary forage species for salmon."

The report stated: "Whether wild [salmon] smolts produced in the bypass channel would survive or grow to legal size is questionable. When they reached fish eating size (10-12 inches) there is no certainty that the smelt forage necessary for growth to legal size (and especially to the 17-20 inch size specified in the plan) would be available in either North Gorham Pond or as drift from Sebago Lake."

The report stated: "With availability of smelt uncertain, it is unlikely that the bypass channel could support this many salmon. Growth rate would be poor and kelts (and many of the Sebago dropdowns would be spawners) would not recondition well."

The report concluded: "Most important, it does not appear at all certain that there is adequate food (smelt forage) available in the bypass channel or North Gorham Pond: (1) to grow bypass-channel-produced juvenile salmon to 17-20 inches (or even to legal size (14 inches)); (2) to maintain condition of adult salmon; or (3) to allow the reconditioning of kelts."

1992 - 2003: Rewatering of the Presumpscot River

Pursuant to a FERC licensing order, in 1992 the free-flowing reach of the Presumpscot River directly Sebago Lake was re-watered for first time in 90 years.

In contradiction to the 1985 MDIF&W management plan, no downstream fish passage facilities were constructed at the Eel Weir Dam to allow Sebago Lake salmon to migrate into the upper Presumpscot River. Instead, MDIF&W began annual stockings of juvenile, hatchery-reared Sebago Lake Atlantic salmon into the Eel Weir Reach of the upper Presumpscot River.

After five years of annual stocking, voluntary angler reports revealed that very few of the Sebago salmon stocked in the Eel Weir Reach of the upper Presumpscot River survived long enough to attain lengths of 14 inches or more (Brautigam 1997). In response to these findings, MDIF&W published a new fisheries management plan for the Eel Weir Reach of the upper Presumpscot River (Brautigam 1997). This plan differed from the 1985 plan in that the original goal of establishing a quality wild salmon fishery in the Eel Weir Reach was abandoned.

MDIF&W's 1997 plan made no mention of allowing Sebago Lake salmon to naturally migrate into the upper Presumpscot River via downstream passage at the Eel Weir Dam -- a key goal of the 1985 plan. The 1997 plan made no mention of allowing wild Sebago salmon born in the upper Presumpscot River to grow to adulthood and provide a fishery in the river -- a key goal of the 1985 plan. MDIF&W's 1997 plan conceded that Charles Ritzi's 1986 prediction was correct, by stating:

"Water temperatures and the lack of a smelt forage limits salmon growth potential in the bypass."


2003 - 2033: The Future of the Upper Presumpscot River

The total failure of recent efforts to restore Sebago Lake Atlantic salmon to their native habitat in the upper Presumpscot River is due to the failure of Maine fisheries biologists to acknowledge their own extensive research showing that freshwater Atlantic salmon require access to rainbow smelt forage to survive.

A review of the scientific literature, the history of freshwater Atlantic salmon in Sebago Lake, and the various attempts to restore freshwater Atlantic salmon to their native habitat in the upper Presumpscot River reveals the following facts:

· Atlantic salmon and rainbow smelt are native to Sebago Lake.

· Atlantic salmon are native to the upper Presumpscot River.

· The upper Presumpscot River was historically used as spawning and nursery area by Atlantic salmon until construction of the Eel Weir dam.

· Freshwater Atlantic salmon require rainbow smelt as forage.

· The lack of fish passage at the Eel Weir Dam prevents freshwater Atlantic salmon in the upper Presumpscot River from gaining access to the rainbow smelt population of Sebago Lake.

· Growth potential for Atlantic salmon in the upper Presumpscot is now limited due to lack of access to rainbow smelt forage.

· MDIFW management objectives for 14 inch or larger salmon in the upper Presumpscot River are not being met due to lack of rainbow smelt forage in the upper Presumpscot River.

No party to this proceeding has disputed the above facts. Significantly, these facts are taken from documents and research provided to the Commission by MDIF&W and S.D. Warren themselves.

MDIF&W has published a formal management plan for the upper Presumpscot River for freshwater Atlantic salmon which establishes a goal of providing 14 inch or larger salmon in the upper Presumpscot River (Brautigam 1997). Angler catch data in the plan demonstrates that nearly 85 percent of the salmon caught in the upper Presumpscot are less than 14 inches long. The MDIF&W plan concedes that lack of rainbow smelt forage in the upper Presumpscot River is the key factor preventing attainment of this management goal.

Biological data gathered from the department's annual survey of spawning age Sebago salmon at the Jordan River show these fish to be consistently in excess of 14 inches in length, with numerous individuals over 20 inches in length.

This data indicates that when provided with access to rainbow smelt forage, Sebago salmon easily reach lengths of 14 inches or more by their maiden spawning year. These data prove that if spawning age Sebago Lake Atlantic salmon were afforded access to their historic spawning habitat in the upper Presumpscot River, the department's management goal of 14 inch or larger salmon in the upper Presumpscot River would be routinely achieved.

At the Eel Weir Dam, MDIF&W opposes a management option (fish passage) which would allow its own management goals for Atlantic salmon in the upper Presumpscot River to be achieved. In contrast, MDIF&W's preferred option, no fish passage for salmon at the Eel Weir Dam, will result in the continued failure of its own management goals for salmon in the upper Presumpscot River.

MDIF&W has placed itself in the unusual position of asking the Commission to craft a license for the Eel Weir Dam that will directly prevent the achievement of its own published management goals for the upper Presumpscot River.

E. Violation of Maine Water Quality Statutes


The State of Maine's water quality statute for Class B rivers (38 M.R.S.A. §465 ¶3-C) states: "... the receiving waters shall be of sufficient quality to support all aquatic species indigenous to the receiving water without detrimental changes in the resident biological community."

Freshwater or "landlocked" Atlantic salmon are indigenous to the upper Presumpscot River, Sebago Lake, the Crooked River and other Sebago Lake tributaries.

Non-anadromous Atlantic salmon require riverine habitat for spawning and juvenile development and lacustrine habitat supporting rainbow smelt as forage. Rainbow smelt, a lacustrine fish species, do not exist in the upper Presumpscot River. Sebago Lake contains a substantial native population of rainbow smelt. However, Atlantic salmon in the upper Presumpscot River cannot utilize these smelt as forage because the Eel Weir Dam prevents the salmon from migrating from the upper Presumpscot River into Sebago Lake.

Today, Atlantic salmon in the upper Presumpscot River result from in-river stocking, "drop downs" from Sebago Lake, and adult salmon spawning in the river. The Eel Weir dam prevents any of these salmon from returning to Sebago Lake and its rainbow smelt population and completing the adult phase of their lifecycle.

MDIF&W has identified the lack of rainbow smelt forage in the upper Presumpscot River as the key factor preventing the re-establishment of a wild, self-sustaining population of Atlantic salmon in their native habitat in the upper Presumpscot River (Brautigam 1997).

Today, the upper Presumpscot River cannot and does not support a self-sustaining population of its indigenous freshwater Atlantic salmon. This is a violation of the State of Maine's narrative water quality criteria as set forth in 38 M.R.S.A. §465 ¶3-C, which requires that Class B waters shall be capable of supporting all indigenous fish species. For thousands of years, wild freshwater Atlantic salmon moved freely back and forth between Sebago Lake and the upper Presumpscot River. Up and downstream access at the Eel Weir Dam for these salmon is the only management option that will allow the indigenous salmon population of the upper Presumpscot River to be restored.

F. Fall Outlet Flow Restrictions


Solely due to the lack of fish passage for salmon at the Eel Weir Dam, the existing LLMP caps lake outflows during October to dissuade Sebago Lake salmon in their natural spawning migration to the upper Presumpscot River. This October cap on outflows impedes the ability of S.D. Warren to meet fall lake targets required by the LLMP. Provision of fish passage for Sebago salmon at the Eel Weir Dam will eliminate any need for this cap on outflows since the salmon will migrate to the upper Presumpscot River, spawn, and return to Sebago Lake as they have done for thousands of years. If MDIF&W wishes to collect spawning salmon congregating at the Eel Weir dam for broodstock purposes, they can drive to the dam and collect them.


III. Eel Weir Reach minimum flows

A. Recommendation


Friends of Sebago Lake recommends an annual minimum flow in the Eel Weir Reach of at least 100 cubic per second to increase spawning, juvenile and adult habitat for native brook trout and freshwater Atlantic salmon.

B. Rationale


Charles Ritzi Associates (1986) stated:

"A particularly important physical feature of the bypass channel is that the present riverine reaches have channels and banks determined by the flow regime of the past 160 years. At higher discharges the bypass channel overflows into terrestrial habitat that was formerly river channel but has undergone natural vegetative succession to become wooded shoreline." (emphasis added)

This assessment correctly notes that the de-watering of the Eel Weir reach of the upper Presumpscot River for nearly a century has caused the original river channel to become vegetated and "grown in." With resumption of regular flows in 1992, this terrestrial vegetation is being annually swept away and replaced by the rejuvenated river channel.

An increase in minimum flow the to Eel Weir Reach will continue this process of channel rejuvenation and vegetation removal and over time will result in a significant increase in wetted, riverine habitat suitable for spawning and juvenile development of native brook trout and freshwater Atlantic salmon.

Objections raised by MDIF&W to increased minimum flows are an artifact of their own refusal to restore passage for native brook trout and salmon at the Eel Weir Dam. Any impact of higher flows on "spring holes" in the Eel Weir Reach would be fully compensated by the ability of adult brook trout and salmon to migrate into Sebago Lake during periods of higher water temperatures. Summer water temperatures in the Eel Weir Reach are within the range tolerated by juvenile Atlantic salmon.

Similarly, any temporary inconvenience to anglers by higher flows in the reach would be well compensated by the re-establishment of a high quality fishery for large, wild Sebago Lake salmon, provided that fish passage is available for them at the Eel Weir Dam. Due to the lack of rainbow smelt forage, there is NO high quality salmon fishery in the Eel Weir Reach today and MDIF&W has essentially given up trying to establish one. Over time, increased minimum flows will remove "grown-in" vegetation in the formerly de-watered stream channel and provide increased space for anglers and increased angling opportunity.


IV. Conclusion


There is clear and abundant evidence that allowing Sebago Lake to function in a way more closely resembling its historic character will greatly benefit the lake's natural features and native fisheries. Management strategies which prevent native fish from spawning and growing in their historic habitat and prevent the rebuilding of the natural beaches of Sebago Lake do nothing to improve the lake's health. The recommendations made herein will allow Sebago Lake to move closer to its historic condition of health.



V. References Cited


Brautigam, F. 1997. Presumpscot River Eel Weir By-Pass Fishery. Fishery Interim Summary Report No. 97-4. Maine Department of Inland Fisheries & Wildlife. Augusta, Maine.

Charles Ritzi Associates. 1986. Minimum Flow Study and Recommendation. Eel Weir Project. Presumpscot River, Maine. Prepared for S.D. Warren Company. Westbrook, Maine.

Duke Engineering & Services. 2001. Sebago Lake Beach Profile Study -- 2000 Work Report. Prepared for S.D. Warren Company. Portland, Maine.

Federal Energy Regulatory Commission. 1997. Final Environment Impact Statement. Eel Weir Hydroelectric Project, FERC No. 2984-025, Maine. FERC FEIS-0106-F. Washington, D.C.

Havey, K. and K. Warner. 1970. The Landlocked Salmon (Salmo salar). Its Life History and Management in Maine. A Joint Publication of the Sport Fishing Institute and the Maine Department of Inland Fisheries and Game. Washington, D.C. and Augusta, Maine.

Johnston, R.A. 2003. Sebago Lake Beach Dynamics - 2003. A Report on the Results of Beach Profiling. Maine Geological Survey. Augusta, Maine.

Kendall, W.C. 1935. The Fishes of New England. The Salmon Family. Part 2 - The Salmons. Boston Society of Natural History, Vol. 9, No. 1. Boston, Mass.

Parkin, D. and J. Lortie. 1989. Lake Beaches in Maine's Organized Towns. A Report Prepared for the Maine Critical Areas Program. Maine State Planning Office. Augusta, Maine.

Perkins. W.D. 1995. Letter of W. Dana Perkins, Jr. of Portland Water District to William Foley, Engineering Manager, S.D. Warren, Inc., Westbrook Maine.

Pierce, U.D., R.P. Arsenault and J.J. Boland. 1985. Presumpscot River, Eel Weir Reach, Strategic Plan for Fisheries Management. Maine Department of Inland Fisheries and Wildlife. Gray, Maine.

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