Wild landlocked Atlantic salmon juvenile, Eel Weir Reach of Presumpscot River, 1/4 mile below Eel Weir Dam, May 2001.
16. Need and benefit for upstream and downstream passage at Eel Weir Dam for non-anadromous Atlantic salmon in the upper Presumpscot River and Sebago Lake.


Friends of Sebago Lake requests that FERC require up and downstream passage at the Eel Weir Dam for the non-anadromous (ie. "landlocked") Atlantic salmon that are native to Sebago Lake, the Presumpscot River, and the inlet tributaries of Sebago Lake. Landlocked Atlantic salmon are native to Sebago Lake, the Presumpscot River and the Crooked River (Atkins and Foster 1869; Kendall 1935). The Sebago Lake watershed is one of only four watersheds in Maine where landlocked Atlantic salmon are native (Atkins and Foster 1869; Kendall 1935; Havey and Warner 1970).

Prior to the construction of dams at the outlet of Sebago Lake, landlocked 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 (1935) 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."

Since the construction of the present dam (Eel Weir) at the outlet of Sebago Lake in the early 20th century, Sebago Lake salmon have been denied the ability to utilize the upper Presumpscot River for spawning and nursery habitat (Kendall 1935). During this period, those Sebago salmon that have migrated into the Presumpscot River via the Eel Weir dam spillway have been prevented from migrating back into Sebago Lake to resume their adult lifecycle in Sebago Lake (Kendall 1935).

Long-term scientific studies conducted by the Maine Department of Inland Fisheries & Wildlife (MDIF&W) show that landlocked Atlantic salmon in Maine require spawning habitat in inlet and outlet rivers and streams and demonstrate a preference for spawning in lake outlet rivers (Decker 1967; Everhart 1976).

Everhart (1976) states:

"Long term research by Maine biologists demonstrate the preference of the landlocked [salmon] for outlets of lakes. The greater majority of mature salmon migrating to the outlet of a lake to spawn return to the lake. Salmon will also spawn on lake shoals and at the mouths of tributary streams when they are unable to reach the desirable outlet streams, but the success of this spawning, while of doubtful value, is unknown. At one time, fishermen were prone to insist that lake outlets be screened to prevent the 'loss' of fish downstream. Now, most appreciate the fact that salmon must reach a specific area to obtain the best natural reproduction and make the largest contribution to the sports fishery."

Decker (1967) states:

"A fishway is desirable in a dam at a lake outlet when the lake provides good habitat for landlocked salmon and trout and when spawning and nursery areas are below the dam. Without a fishway, neither the adult fish nor their young could return to the lake."

The scenario described above by Decker and Everhart conforms to that at the outlet of Sebago Lake. In recent years, FOSL members have repeatedly witnessed significant numbers of landlocked Atlantic salmon and brook trout spawning in suitable habitat in the "Eel Weir" reach of the Presumpscot River directly below the outlet of Sebago Lake. FOSL members have also observed, captured and photographed numerous newly emerged juveniles of both species from naturally created redds in the "Eel Weir Reach" of the Presumpscot River (FOSL 2001).

These observations and collection data conclusively show that salmonids, including landlocked Atlantic salmon, are actively spawning in the Eel Weir Reach of the Presumpscot River; and that these spawning efforts are successfully producing naturally reared juvenile salmon and brook trout in the Presumpscot River immediately below the Eel Weir Dam. Our observations were provided to the Applicant and fisheries agencies on December 3, 2000 (See Friends of Sebago Lake Comments on "Draft Study -- Eel Weir Bypass Reach Instream Flow Study" in S.D. Warren (2002)).

In our December 2000 comments, FOSL informed the Applicant: "At minimum, our observations on the Eel Weir reach have confirmed that suitable salmonid spawning and juvenile habitat exists in the reach and that [salmonid] redds are cut there and are producing viable offspring."

No studies or data have been collected by the Applicant or fisheries agencies to refute our eyewitness observations of landlocked Atlantic salmon and brook trout successfully spawning in the Eel Weir Reach of the Presumpscot River in 2000 and 2001 (Friends of Sebago Lake 2001).

Records indicate that prior to the construction of the Eel Weir Dam, Sebago Lake supported a fully wild, native population of landlocked Atlantic salmon and that stocking was not required to maintain the population and support a recreational fishery for the species. The earliest records available show that Sebago Lake maintained a large population of landlocked Atlantic salmon that relied exclusively on natural reproduction and recruitment in the lake's inlet and outlet rivers and streams. The Oct. 22, 1705 edition of the Boston Newsletter, No. 79 provides an eyewitness description of Sebago Lake from a Captain Lane, who was searching for Indians in the area. The report states:

"The same night [thirteenth of October], Capt. Lane and his company Returned from Sabegoog Ponds, which lies about 50 miles W.N.W. from Casko, but made no other discovery than a few deserted Wigwaams: This Pond is 20 miles long, and about 7 miles wide, very remarkable for Fishing, where our men were refresh'd with variety of Fish, especially Salmon Trouts, some whereof 2 foot long."

Existing fisheries management goals and objectives for the Eel Weir reach of the Presumpscot River are set forth in a 1997 document titled Presumpscot River Eel Weir By-Pass Fishery, Fishery Interim Summary Report Series No. 97-4 by Francis Brautigam of the Maine Department of Inland Fisheries & Wildlife. This document at page 2 establishes the following fisheries management goals and objectives for the Eel Weir Reach of Presumpscot River:

"The fishery management goal established for the By-Pass Channel is to provide a high quality fishing experience and to maximize opportunity for angler participation. The following three management objectives were developed to achieve this goal:

a) Manage for both landlocked salmon and brook trout;
b) Maintain an average catch rate of two legal salmonids per angler trip;
c) Maintain an average length of at least 12 inches for trout and 14 inches for salmon."

Construction of a fishway at the Eel Weir Dam to allow landlocked Atlantic salmon from Sebago Lake to gain access to historic spawning and rearing habitat in the Eel Weir reach of the Presumpscot River is in complete conformance with the fisheries management goals and objectives for the Eel Weir Reach as described above. Evidence in Brautigam (1997) demonstrates that the lack of a fishway at the Eel Weir dam for landlocked Atlantic salmon is directly preventing key elements of the above goals and objectives from being achieved. Brautigam (1997) states that the average length of landlocked Atlantic salmon caught in the Eel Weir reach in 1993 and 1994 (the only years for which data are available) was 13.4 inches and 11.8 inches respectively and further states:

"These results indicate that the 14 inch size quality objective for salmon was not attained in 1993 and 1994. Since proportionally fewer fall yearling and adult salmon were stocked in 1995 and 1996, average salmon length is likely to be lower than observed in1993 and 1994. This contention is supported by a noticeable increase in 'sublegal' (less than 14 inch) salmon caught by anglers."

Data in Brautigam (1997) shows that 82.24 percent of landlocked Atlantic salmon caught in the Eel Weir Reach in 1996 were under 14 inches. In contrast, fish trap data from Boland et al. (1997- 2002) show that spawning size landlocked Atlantic salmon in Sebago Lake are significantly larger than those observed in the Eel Weir Reach of the Presumpscot River. Data in Boland et al. (1997-2002) show the following mean length of Age 3 spawning male Atlantic salmon captured in the fish trap at the Jordan River at Sebago Lake from 1988 to 2001:

Year Mean Length

1988 21.9 inches
1992 19.3 inches
1994 19.1 inches
1996 19.6 inches
1998 23.5 inches
2000 19 inches
2001 18.1 inches

These data show there is a plentiful number of landlocked Atlantic salmon in Sebago Lake that exceed the minimum size criteria (14 inches) established as a fisheries management goal for the Eel Weir Reach of the Presumpscot River by Brautigam (1997). These data show that Sebago Lake contains numerous landlocked Atlantic salmon in excess of 14 inches. The disparity between the observed length of landlocked Atlantic salmon at Sebago Lake at the accessible Jordan River and the inaccessible Eel Weir Reach of the Presumpscot River show that Sebago Lake salmon in excess of 14 inches are unable to gain access to the Eel Weir Reach of the Presumpscot River and as such are unavailable to anglers there. The observations at the Eel Weir Reach in Brautigam (1997) are confirmed and supported by those of Kendall (1935), who noted that when fish passage was available at the outlet of Sebago Lake, the upper Presumpscot River contained many large landlocked Atlantic salmon that had migrated into the river from Sebago Lake to spawn.

Kendall wrote:

"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."

This data shows:

a) That few, if any, landlocked Atlantic salmon stocked directly into the Eel Weir Reach meet the length criteria established by MDIF&W for the species in the Eel Weir Reach.

b) That landlocked Atlantic salmon stocked directly into the Eel Weir Reach are much smaller than those salmon that inhabit Sebago Lake, as measured at the Jordan River sampling site.

c) That Age 3 male landlocked Atlantic salmon at the Jordan River sampling site on Sebago Lake between 1998 and 2001 consistently meet and exceed the size criteria for the species established by MDIF&W for the Eel Weir Reach of the Presumpscot River.

d) That the lack of a fishway at the Eel Weir Dam prevents landlocked Atlantic salmon of the size observed at the Jordan River sampling site from gaining access to the Eel Weir Reach of the Presumpscot River.

e) That when Sebago salmon had full access to the Upper Presumpscot River in the early 20th century, the river seasonally contained large landlocked Atlantic salmon that were available to anglers.

Data in Brautigam (1997) provide critical insight into why those landlocked Atlantic salmon stocked in the Eel Weir Reach do not attain the size observed in their counterparts in Sebago Lake.

Brautigam (1997) states:

"Water temperatures and the lack of smelt forage limits salmon growth potential in the By-Pass. Therefore, under these growth limiting circumstances the largest available hatchery salmonids have been stocked to achieve size quality objectives."

These observations by Brautigam are fully consistent with the scientific literature and research data for landlocked Atlantic salmon in Maine. Long-term research shows that landlocked Atlantic salmon in Maine require access to rainbow smelt populations during the adult phase of their lifecycle and require access to cool water during the summer (Havey and Warner 1970). As a consequence, naturally reproducing, riverine populations of landlocked Atlantic salmon are virtually unknown in Maine (Havey and Warner 1970). Brautigam (1999) provides additional scientific insight to why wild landlocked Atlantic salmon populations cannot be maintained in waters that do not have access to rainbow smelt populations. In a 1999 MDIF&W paper titled, "Truths and Misconceptions," Brautigam writes:

"True or False: Landlocked salmon prefer pelagic forage fish like rainbow smelt , but will also feed, grow, and survive equally well on other fish if preferred species are not abundant?

False: Landlocked salmon, unlike most other salmonids, are very selective about what they eat and in the absence of an abundant supply of smelt, salmon exhibit poor growth and survival. This dependence of salmon on smelt enables us to indirectly monitor the abundance of smelt populations by monitoring salmon condition and growth. FB"

All of the above evidence provides a clear biological rationale for the failure of recent efforts by MDIF&W to establish a population of landlocked Atlantic salmon in the Eel Weir Reach of the Presumpscot River that achieves MDIF&W's length criteria and salmon of a size commensurate to those routinely observed by MDIF&W in trapping studies on Sebago Lake during the period 1988-2001.

Existing agency management plans for non-anadromous Atlantic salmon in Sebago Lake and its associated watershed envision the maintenance of the existing Sebago Atlantic salmon population via natural reproduction and supplementation with hatchery reared sub-adults. The construction of fish passage at the Eel Weir Dam for non-anadromous Atlantic salmon is fully consistent with established agency goals for the species in Sebago Lake. All historic and contemporary evidence shows that provision of fish passage for the species at the Eel Weir Dam would increase successful natural reproduction of Sebago Lake salmon in their natal, historic spawning and nursery habitat in the upper Presumpscot River. This would result in additional recruitment of wild non-anadromous Atlantic salmon to Sebago Lake and its associated watershed.

Concerns attributed to the Maine Dept. of Inland Fisheries and Wildlife in the minutes of the Sept. 8, 2000 "Fisheries Issues Meeting" that provision of fish passage for non-anadromous Atlantic salmon could result in the "loss of stocked fish" out of the lake have no factual basis. These concerns are refuted by scientific studies conducted by the Department as summarized in Everhart (1976) and by eyewitness observations at the Sebago Lake Outlet by Kendall (1935).

Kendall (1936) 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." (emphasis added)

Everhart (1976) states:

"Long term research by Maine biologists demonstrate the preference of the landlocked [salmon] for outlets of lakes. The greater majority of mature salmon migrating to the outlet of a lake to spawn return to the lake ... At one time, fishermen were prone to insist that lake outlets be screened to prevent the 'loss' of fish downstream. Now, most appreciate the fact that salmon must reach a specific area to obtain the best natural reproduction and make the largest contribution to the sports fishery."

Concerns attributed by the Applicant to the Maine Dept. of Inland Fisheries and Wildlife in the minutes of the Sept. 8, 2000 "Eel Weir Fisheries Issues Meeting" that provision of upstream fish passage for non-anadromous Atlantic salmon could result in the introduction of "undesirable" fish species into Sebago Lake have no factual basis. Fish community studies and surveys in the "Eel Weir Reach" of the Presumpscot River and Sebago Lake are provided in the Eel Weir license application. These data show that there are no fish species present in the "Eel Weir Reach" of the Presumpscot River that are not also present in Sebago Lake (See Eel Weir License Application, Vol. One, Tables E.1.3-3 and E.1.3-4.) As such, the only fish species that might gain access to Sebago Lake via a fishway at the Eel Weir Dam are species that are already present in Sebago Lake. This claim is further refuted by the fact that the North Gorham Dam, directly below the Eel Weir Reach is an impassable barrier to all fish species except juvenile American eels (Anguilla rostrata).

The lack of fish passage for native non-anadromous Atlantic salmon violates Maine State Law. Title 38 M.R.S.A. §464 et seq. requires that a "receiving water" be of sufficient quality to support its indigenous fish species.

Abundant historic evidence demonstrates that non-anadromous Atlantic salmon are indigenous to the upper Presumpscot River directly below the outlet of Sebago Lake. Abundant historic evidence shows that the upper Presumpscot River was historically utilized by the "landlocked" Atlantic salmon of Sebago Lake to spawn and complete their lifecycle. Contemporary evidence shows that the lack of fish passage at the Eel Weir dam directly prevents the upper Presumpscot River from supporting its indigenous population of landlocked Atlantic salmon. This assertion is supported by a recent statement by the Maine Department of Inland Fisheries & Wildlife that populations of landlocked Atlantic salmon cannot be sustained in the upper Presumpscot River due to a lack of rainbow smelt in the river (Brautigam 1997). Rainbow smelt are the primary forage species for indigenous Atlantic salmon of the upper Presumpscot River and Sebago Lake (Brautigam 1997; Havey and Warner 1970; Kendall 1935).
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