C.M.R. 13, 188, ch. 60, Amendment One to the Saco River Strategic Plan for Fisheries Management

Current through 2024-51, December 18, 2024
Amendment - Amendment One to the Saco River Strategic Plan for Fisheries Management

State of Maine

Department of Marine Resources

State House Station #21

Augusta, ME 04333-0021

The Maine Department of Marine Resources, in cooperation with other state and federal agencies and a coalition of private conservation groups, proposes to enter into an agreement with the Central Maine Power Company concerning fish passage facilities on the Saco River. This agreement establishes time tables and criteria under which upstream and downstream fish passage facilities will be constructed on the main stem Saco River from head-of-tide in Biddeford/Saco upstream to, and including, the Hiram Project (FERC #2530). The intent of this agreement is to further the management goal and objectives of The Saco River Strategic Plan for Fisheries Management [Saco River Plan] which was adopted by the Department of Marine Resources on March 25, 1988. The management goal of the Saco River Plan is to manage all sport and commercial fish species of the Saco River for optimum habitat utilization, abundance, and public benefit. The Department of Marine Resources' objective of the Saco River Plan is to restore runs of anadromous American shad and river herring to the Saco River and its tributaries upstream to the base of the Hiram dam. The strategy to achieve the management goal is to negotiate through the Federal Energy Regulatory Commission and Maine Department of Environmental Protection hydropower licensing process for the construction of upstream and downstream fish passage facilities for adult and juvenile sea-run Atlantic salmon, American shad, and sea-run alewives. Followup studies would be undertaken to document the effectiveness of passage facilities.

In accordance with the strategy of the Saco River Plan, the DMR, DEP, SPO, IF&W, ASRSC, USF&WS, NMFS, NHF&G, Cities of Biddeford and Saco, and conservation groups (ASF, TU, American Rivers) have been negotiating a fish passage agreement under the auspices of the Federal Energy Regulatory Commission hydropower relicensing process. The major elements of the fish passage agreement and status of fish passage facilities are as follows:

DAM LOCATION UPSTREAM FISH PASSAGE STATUS DOWNSTREAM FISH PASSAGE STATUS
Cataract & York Saco/Biddeford Completed & operational: May, 1993 Completed & operational: May, 1993
Springs* Saco/Biddeford Completed & operational: May 1, 1996 Non-generating dam;down-stream passage not required
Bradbury* Saco/Biddeford Completed & operational: May 1, 1997 Non-generating dam; downstream passage not required
Skelton+ Dayton/Buxton Completed & operational: May 1, 1998, or within 3yrs of date of New License from FERC, whichever is later Same date/conditions as upstream passage
Bar Mills Buxton/Hollis Bar Mills, West Buxton, Bonny Eagle & Hiram to be treated as a group with the timing and site of upstream passage to be recommended by state/federal fisheries agencies based on progress of fish restoration as measured by criteria developed jointly by fisheries agencies and other Interim passage provided now. Permanent passage within 2yrs of receipt of FERC License Amendment.
West Buxton Buxton/Hollis parties to the Agreement. Assessments to be conducted every 4yrs beginning in 1999 and progressing through 2011. Upstream passage at the first of the four dams not to be operational earlier than May 1, 2005. Fish passage construction to be spaced no less than 2yrs apart at each dam. Trap & truck to continue from Skelton under fish agencies' supervision until Same as Bar Mills
Bonny Eagle Hollis/Standish passage is provided at dams. Interim passage provided now. Permanent passage within 2yrs of receipt of FERC License Amendment.
Hiram Hiram/Baldwin For salmon only Not later than 2yrs following scheduled annual production stocking of Atlantic salmon above Hiram dam
Swans Falls Fryeburg For salmon only. Fish passage construction may be scheduled concurrently with Hiram fish passage. Same as Hiram

*Depending on the results of fish behavior studies in 1994, the Springs and Bradbury fish passage dates may be transposed.

+Fish lift with trap & truck facilities for interim trap/truck program above dams upstream of Skelton

The Department of Marine Resources, in cooperation with other state and federal agencies and conservation groups, intends to carry out this cooperative fish restoration program with the Central Maine Power Company to the extent that funds are provided for that purpose. The DMR will develop shad and alewife stocking schedules for the Saco River and provide input on CMP-funded studies of upstream and downstream passage efficiency at Saco River dams, analysis of returning adult anadromous fish populations, and cooperative assessments of the progress of anadromous fish restoration on the Saco River. In addition, the DMR will, in consultation with other state/federal agencies, recommend further fish passage facilities as necessary to meet our objectives of restoring shad and alewives to the Saco River.

C.M.R. 13, 188, ch. 60, Amendment One to the Saco River Strategic Plan for Fisheries Management