Wednesday, June 1, 2016

Maine Department of Marine Resources letter to Orland Dam Committee

from a letter to the Orland Dam Committee from Claire Enterline, Maine Department of Marine Resources, 2013


RE: Orland Village Dam Alternatives Feasibility Study

To the members of the Orland Dam Committee:

The Maine Dept. of Marine Resouces (DMR) would like to commend the Committee for its efforts to identify alternatives to the current management of the Orland Village Dam, and offer comments and DMR data that may be helpful to the Committee moving forward.

DMR has documented Atlantic salmon, alewife, blueback herring, and American eel using habitat above the Orland Village Dam. Data from the University of Maine (G. Zydlewski, personal communication), and informal reports from town residents indicate that shortnose and Atlantic sturgeon are making use of the area below the dam and may be present above the dam on occasion. Additionally, town residents have informally noted that Atlantic gray seals are also seen below the dam and may be present above the dam on occasion. Of these species, Atlantic salmon, shortnose sturgeon, and Atlantic gray seals are currently listed as “Endangered” under the Endangered Species Act (ESA), Atlantic sturgeon are listed at “Threatened”, and alewife, blueback herring, and American eel are currently being considered for listing under the ESA. Because of the status of these species, the ability of each to move efficiently and without harm between marine, estuary, and spawning locations is an important concern.

The June 2013 report, “Orland Village Dam Alternatives Feasibility Study”, prepared for the Committee by Stantec Consulting describes the potential impacts of four different alternatives on various resources including fisheries resources. The report indicates that two options (no action, dam and fishway rehabilitation) would have negligible beneficial impacts on the fisheries resource, and major adverse impacts on the fisheries resource. The DMR agrees with these conclusions. Current fish passage facilities in the form of two Alaskan steeppass sections that are not accessible for fish passage at all tides are inefficiently passing Atlantic salmon and river herring, and the American eel, specifically during the elver (juvenile) stage, do not pass Alaskan steeppass sections efficiently. Further, these structures are not large enough to pass other species that are in the Orland River (shortnose and Atlantic sturgeon, Atlantic gray seal). While these larger species may get above the dam only on the highest high tides, they will not be able to descend through the fishway or over the dam without injury. As the report indicates, the Maine Geologic Survey (MGS) for the Maine Coastal Program indicate that the State of Maine is planning for a predicted 2-ft rise in sea level over the next 100 years, which would increase the frequency of occurrences of the tide over topping the dam, and possibly also increase the number of Endangered marine species stranded behind the dam.

The report indicates that the third option, dam and fishway modification, would result in moderate beneficial and adverse impacts to fisheries resources. Again, DMR agrees with this conclusion. Fishway modification that would increase the passage efficiency and capacity would be moderately beneficial for river herring and Atlantic salmon, but as the report states there are “inherent limitations of technical fishpasses” and 100% upstream and downstream passage efficiency would likely not be achieved. Further, fishway modifications would not provide any benefit to the larger marine species that are also present in the area. Additionally, if the fishway modifications suggested in the report (Denil-style fishway) are used, passage for the elver stage of American eel would need to be built separately as Denil-style fishways do not effectively pass elvers (the estimated cost associated with the option does not include additional elver passage construction/maintenance).

The report indicates that the fourth option, dam removal, would result in major beneficial and minor adverse impacts to fisheries resources. The DMR again agrees with the conclusion that there would be major beneficial impacts to the fisheries resources. This alternative would provide unobstructed access to the species currently found within the area, and would likely result in increased spawning habitat for blueback herring, American shad, rainbow smelt, and Atlantic tomcod, all which spawn within freshwater mainstem habitat where water is quick moving. Improving the populations of these species within this river stretch could lead to increased recreational fishing opportunities, especially for American shad and rainbow smelt which support popular recreational fishing in other areas of the state.

The report also indicates that this option would have “moderate beneficial and moderate adverse impacts to river herring harvesting facilities located immediately downstream from the Orland Village Dam. The moderate beneficial impact … based on the potential for increased alewife production and associated increased revenue for facilities operation and maintenance. [The] adverse intensity level … based on the assumption that the existing facility could still be used at low tide. A higher adverse intensity level would be appropriate if it was determined that alewife harvesting operations would need to be moved upstream to the vicinity of the Alamoosook Lake Dam.” The DMR recommends that the Orland Dam Committee consider these statement together with other information regarding the harvest and its current location, presented below.

The DMR provides the following information about the river herring harvest for the Orland Dam Committee to consider in addition to the report prepared by Stantec Consulting, and with the hope of providing insight into DMR’s management of the river herring fishery as well as biological considerations.

...All commercial river herring harvests in Maine are approved jointly by the DMR and the Atlantic States Marine Fisheries Commission (ASMFC), a multi-state group that collaboratively forms management decisions about fisheries for species that cross state boundaries, based on sustainability criteria that were adopted in 2009. Fisheries that were allowed to remain open had to meet the following criteria: the run could not be stocked with river herring from an outside source, average 20-year escapement during closed days had to exceed 35 fish per acre of spawning habitat, and the spawning population had to be considered biologically stable (as evidenced by age distribution and repeat spawning rates). The Orland fishery was approved to remain open because the escapement target (35 fish/acre) was based only on the acreage of Alamoosook Lake, not all available habitat, based on the assumption that other available habitat was not productive for alewives because of the high number of non-native predator gamefish species (largemouth bass, chain pickerel). If all available habitat were to be considered (4968 acres), the watershed could potentially support 1,167,385 alewives without a harvest (based on a production capacity of 235 fish/acre), and with a harvest would require escapement of 173,865 alewives (35 fish/acre). If the harvest location were to move to a location targeting fewer spawning lakes, only the acreage of the spawning lakes above that new location would be considered when calculating the target escapement.



The commercial harvest is currently encountering immature blueback herring and alewife (age 1-2). The harvest of immature river herring does not meet the sustainability standards identified by the DMR and the ASMFC because the origin of these fish cannot be determined and because the fish have not yet been able to spawn. Blueback herring  and alewife reach maturation at sometimes 3-years-old, but more typically 4-years old. At this point, the fish ascend freshwater rivers to spawn, and then return to coastal waters. Because the adult spawning fish return to the same location every year, we are able to define these adult spawning fish as unique “stocks” according to their spawning locations, and track the status of that population stock over time.  It is not possible at this time, however, to determine the “birth place” of immature fish. Immature fish, under the age of 3 or 4-years-old, from the entire Atlantic Coast, from Florida to Labrador, likely school together spending winters off of Cape Hatteras, NC, and migrating upwards along the coast annually as part of feeding. Because of these migration patterns, the immature fish in near-shore coastal Maine likely belong to a “mixed stock” that is not managed by Maine, but originated from multiple states, each returning to the original spawning location once they are mature. Because there are serious river herring population declines to the south, Maine has entered into agreement with all other Atlantic states to not allow fisheries to target these immature fish of unknown origin. While some bycatch of immature fish may occur, continued catches of immature will become a problem. Tables showing the age distribution at the Orland harvest location by year and compared to other harvest locations are attached.

The term “repeat spawning rate” is used to describe the number of alewives or blueback herring that have spawned in one or more previous years. Unlike some anadromous species, both alewife and blueback herring typically do not die after spawning, but return to the ocean and will return to the same location annually. The migration into freshwater for spawning leaves a mark on the fish’s scales that we use to identify how many times each fish spawned in years prior. A run with a high repeat spawning rate indicates that many fish are successfully spawning in multiple years, so have high survival and is likely a more stable run over time. Tables attached to this letter show the repeat spawning rates for the current harvest location, for alewives taken from the fishway leading into Toddy Pond, and for all other harvest locations. Combining 2008-2012, the current harvest location has, on average, a lower repeat spawning rate than the fish taken from the Toddy Pond fishway. Further, the Toddy Pond fishway samples were composed entirely of alewife, while both alewife and blueback herring are caught at the current harvest site.

for information about alewives and other migratory fish in the Orland-Narramissic river system, contact Oliver Cox at Maine Department of Marine Resources, 207.941.4487.