Portland Area Legislators, Five State and Federal Environmental Agencies
Join Local Conservationists in Calling For Restoration of Maine's Presumpscot River:

By Dusti Faucher, Friends of the Presumpscot River

Five Maine legislators, Maine's three state fishery agencies, the U.S. Department of the Interior and the U.S. Environmental Protection Agency all called for fundamental changes in the five hydropower dams on the Presumpscot River owned by the South African Pulp and Paper, Inc. (SAPPI).

These legislators and agency officials believe that removing three of SAPPI's dams in the lower Presumpscot, or at least installing fish ladders at these dams, is the key to restoring the ecology of the river and creating a major outdoor recreational resource for southern Maine residents. SAPPI opposes either dam removal or installation of any fishways at its dams.

The Federal Energy Regulatory Commission (FERC) is presently considering whether to issue new 30 to 50 year operating licenses to five dams on the Presumpscot owned by SAPPI, which extend from its mill north for approximately 9.5 miles. In September, FERC released a draft environmental impact statement which rejected calls for dam removal, but asked for public comment on its preliminary findings.

Responding to FERC's request, area legislators and both state and federal environmental officials were sharply critical of FERC's draft, urging FERC to reconsider its reasons for rejecting dam removal. Typical of the comments were those submitted by Portland legislator William Norbert, the Assistant Majority Leader in the House of Representatives:

"I continue to believe that dam removal is the most ecologically beneficial action to restore the river and its fisheries ... I also believe that the loss of a species like Atlantic salmon is not worth the insignificant amount of power produced .... The value of restoring both Atlantic salmon and a thriving coldwater fishery would be realized both economically and recreationally, and is undeniably the right thing to do .... If dam removal is not ordered, fish passage should be installed without delay at Saccarappa Dam upon the resolution of passage at Cumberland Mills dam...."

Legislative and agency statements confirmed positions that have been taken over the last two years by a variety of national, statewide and local environmental organizations that all believe that without significant changes in SAPPI's hydropower operations, restoration of endangered Atlantic salmon, American shad, and other migratory species to the Presumpscot is not possible. These groups point to historical records that demonstrate that before dams were constructed on the Presumpscot in the early 1700s, the river produced large quantities of Atlantic salmon and other fish, and that significant populations still inhabited the river into the 1800s, before all fishways were destroyed and never replaced by SAPPI's predecessor. These organizations include Friends of the Presumpscot River, American Rivers, Trout Unlimited and its Sebago Lake chapter, Friends of Sebago Lake, and the Maine Council of the Atlantic Salmon Federation.

The uncharacteristic unanimity among all of these parties was welcome news to Dusti Faucher, President of Friends of the Presumpscot River, a grassroots river protection group that has been championing the removal of three Sappi dams. "We couldn't be more pleased," said Faucher.

"After almost two centuries of abuse, a broad cross-section of governmental officials have agreed that we should not give up on this special river. In the 21st Century, we can find a better balance for the Presumpscot; we can meet our energy needs while still allowing fish to live and people to enjoy the Presumpscot's natural beauty. Based on the comments FERC now has received on the DEIS, it is clear that FERC must completely rewrite its conclusions and recommendations."

FERC is expected to take several months to review comments before making its final recommendation sometime in 2002. In addition, Maine's Department of Environmental Protection also must find that relicensing the five dams will not violate state water quality standards before federal licenses can be issued.

For More Information:

See the attached highlights of comments by legislators, state and federal environmental agency officials, and Sappi.

All filings are available from the Federal Energy Regulatory Commission, 888 First St, NE, Washington, DC 20246, or on the web at HYPERLINK http://www.ferc.fed.us www.ferc.fed.us, using the RIMS system and docket numbers 2942-005; 2931-002; 2941-002; 2932-003; and 2897-003.


STATEMENTS OF SAPPI & PORTLAND AREA LEGISLATORS
IN COMMENTS FILED WITH FEDERAL REGULATORS


Comments by SAPPI to FERC:

"S.D. Warren supports the Commission Staff's decisions ... that dam removal and project decommissioning are not warranted .... S.D. Warren does not support the Staff recommendations regarding fish passage for shad, herring and Atlantic salmon ...it is premature and inappropriate to impose any fishway requirements under the licenses for these projects."

Comments of Area Legislators to FERC:

Representative Robert Duplessie (District 29, Westbrook):

"The Presumpscot River is a valuable resource and is important both economically and as a recreational destination for the Greater Portland area...I urge you to restore the Presumpscot River and to allow its waters to run naturally into Casco Bay. It is my understanding that FERC is considering some fish passages but does not call for any dam removal. I hope that FERC will reconsider this decision .... The amount of energy generated by these dams is insignificant while the health of the Presumpscot Riverís ecosystem is priceless ...."

State Representative Susan Hawes (District 43, Frye Island, North Limington, Standish):

As the State Representative from Standish, I believe the Presumpscot is an extremely valuable resource to my constituents ... I continue to believe that dam removal is the most ecologically beneficial action to restore the river and its fisheries. I also continue to believe that immediate fish passage is an absolute minimum requirement for the Presumpscot.î

State Representative Boyd Marley (District 36, Portland):

"A free flowing Presumpscot would provide economic and recreational benefits to the entire region and increase the diversity of Casco Bay ... The fisheries of the river, including Atlantic salmon and other important fish species would greatly benefit from dam removal ... If dam removal is not ordered, fish passage must be installed without further delay at all affected dams ..."

State Representative William Norbert, Assistant Majority Leader (District 34, Portland):

"I continue to believe that dam removal is the most ecologically beneficial action to restore the river and its fisheries ... I also believe that the loss of a species like Atlantic salmon is not worth the insignificant amount of power produced .... The value of restoring both Atlantic salmon and a thriving coldwater fishery would be realized both economically and recreationally, and is undeniably the right thing to do .... If dam removal is not ordered, fish passage should be installed without delay at Saccarappa Dam upon the resolution of passage at Cumberland Mills dam ..."

State Senator Karl Turner, (District 26, Windham, Raymond, Pownal, North Yarmouth, New Gloucester, Gray and Cumberland):

"It was evident from both the language of the DEIS and the oral representations made by FERC staff that equal consideration of the economic benefits of dam removal had never entered into FERC staffís review and conclusions. The economic analysis in this report was biased to the cost side of the equation, with no credence given to the economic benefits of restoration of fishery and recreational resources.

Further, as a businessman quite familiar with the energy market in Maine and New England, I strongly question how this report arrived at the extremely high figures it presented as the lost income from power generation. These figures were used both in calculating the cost of dam removal and in calculating the revenues that S.D. Warren receives from operating in hydropower facilities. These revenue figures -- around $80.00 per megawatt hour -- bear no resemblance to the market price for energy in our trade area."

STATEMENTS OF MAINE STATE AGENCIES
in
COMMENTS FILED WITH FEDERAL REGULATORS


Comments of the Maine Atlantic Salmon Commission to FERC:

"...FERC should acknowledge that continued operation of [Sappiís hydro] projects seriously impacts restoration of Atlantic salmon in the Presumpscot River watershed ..."

"...FERC seriously underestimated potential returns of mature Atlantic salmon to the Presumpscot River...We totally reject the [FERC] conclusion that each of the three dam removal alternatives would marginally increase potential Atlantic salmon habitat ... our estimates for salmon returns [with removal of the three dams] are 206 - 1,030 spawners."

"We also reject the [FERC] claim that constructing fish passage facilities would provide very little Atlantic salmon habitat ...."

Comments of the Maine Department of Inland Fisheries and Wildlife to FERC:

"The available information does suggest that dam removal at Little Falls and Mallison would create additional riverine habitat that would be available to expand resident salmonid management efforts ... Dam removal would create a total of 1.76 additional miles of riverine habitat that would likely also benefit resident salmonid management programs ..."

"The very popular Eel Weir bypass fishery, located at the outlet of Sebago Lake, supports some of the highest angler use in Maine ... This high level of use supports our position that there is growing demand for additional comparable fisheries within more heavily populated Southern Maine ... The removal of both dams [Little Falls and Mallison] has the potential to create 25% more available habitat than is currently available at Eel Weir ..."

"Based on use observed at Eel Weir, we have also assumed a predicted use estimate of 5,000 angler trips ... [that] results in a total direct economic benefit of $100,000 to the local economy if the above assumptions are reasonably accurate ..."

Comments of Maine Department of Marine Resources to FERC:

"FERC staff is to be commended for rejecting S.D. Warrenís position that anadromous fish should not be restored to the Presumpscot River ....."

"MDMR was disappointed with the analysis of [dam removal] and considers it to incomplete because passage efficiency and habitat suitability were ignored ... A free flowing river is highly variable and provides migrating species that differ in swimming ability, physiology and behavior with a choice of routes for moving upstream and downstream. A fishway, by comparison, presents migrating species with a single choice."

"FERC staff stated that the probability of restoring a shad run appears low ... MDMR strongly objects to this statement ... all three Maine shad restoration programs [Saco, Androscoggin and Kennebec Rivers] are progressing well."



STATEMENTS OF FEDERAL ENVIRONMENTAL AGENCIES
in
COMMENTS FILED WITH FEDERAL REGULATORS


U.S. Fish and Wildlife Service, Department of the Interior to FERC:

"... it is the Departmentís position that the DEIS [FERCís draft Environmental Impact Statement] is fundamentally inadequate ... the Commission should issue a supplemental DEIS to correct the inadequacies in the existing document and incorporate new information ..."

"Had a full accounting of all environmental benefits and costs associated with mitigation of impacts (fish passage and instream flows) been conducted by the Commission ... the analysis would clearly support the finding that decommissioning and removal of one or more of the dams is the alternative that best meets the public interest."

"The Commission also fails to take into account the potential for extraordinary levels of public use of the riverís fishery and recreational resources."

"The Commission's failure to make any attempt to estimate economic value of lost environmental resources, habitat and other non-use values predetermines the outcome and is therefore arbitrary and capricious. Therefore its conclusion (which is inferred to be the result of a scientific balancing) is grossly inaccurate, and completely inconsistent with economic practices and basic fairness. Clearly, the record lacks substantial evidence to support the Commissionís conclusions in the DEIS."

U.S. Environmental Protection Agency to FERC:

"The Presumpscot River lies at the heart of the Casco Bay Watershed, the most densely populated region in Maine, with a quarter of a million residents. Ongoing improvements in water quality, together with restoration of habitat and access for migratory species could result in significant benefits to the fishery and the public ... we believe FERC should not miss this important opportunity to play a major role as a catalyst for the revitalization of habitat, fish passage, water quality and public use of the river."

"While the DEIS analyzes several dam removal options, EPA believes it understates the effect of removal in combination with adequate fish passage on restoration of aquatic resources of the river ... the DEIS fails to properly analyze the effect dam removal might have on water quality."

"... the conclusion that fish passage is preferable to any of the dam removal alternatives cannot be supported."

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