Four conservation groups that have been fighting to restore Atlantic salmon on the Kennebec River have dropped their lawsuit against Brookfield Renewable Energy Partners, which owns the four hydroelectric dams on the lower part of the river.
The Atlantic Salmon Federation, Conservation Law Foundation, Maine Rivers and Natural Resources Council of Maine had made the legal challenge, saying Brookfield is breaking federal law by killing and harming the endangered salmon without an incidental take permit from the federal government.
However, a recent decision by the National Oceanic and Atmospheric Association determined that Atlantic salmon can coexist with hydroelectric dams on the Kennebec with fish passages in place. Brookfield operates four dams on the river that prevent the fish from reaching traditional spawning grounds in the Sandy River.
“We have withdrawn our lawsuit against Brookfield for violating the Endangered Species Act at its four lower Kennebec dams to focus on the FERC [Federal Energy Regulatory Commission] process that is currently underway,” the groups said in a joint statement.
The groups said they instead will focus their efforts on the relicensing and license amendment process that will determine how Brookfield will proceed with its dams in regard to dealing with Atlantic salmon.
In its ruling, NOAA said the continued existence of Atlantic salmon in the Kennebec would not be jeopardized by the dams, provided that conservation measures are taken. Currently, the few salmon that make it into the fishway at Lockwood Dam, the most downstream of the Brookfield hydro projects, must be stored in a tank and then transported to the Sandy River by staff from the Maine Department of Marine Resources.
The other three dams are not presently equipped with working fish passages that allow any species to get to the next section of river upstream from their respective locations.
The conservation groups continue to argue that the dams are pushing Atlantic salmon to the brink of extinction.
Maine has the last remaining wild population of Atlantic salmon in the United States.
“We cannot miss this once-in-a-lifetime opportunity to restore the health of one of Maine’s great rivers, bring back millions of sea-run fish and improve the health of an entire ecosystem relied on by fishermen, wildlife and so many more,” the groups said in continuing their push to make the Kennebec dams passable by Atlantic salmon and other species.
The organizations said they will employ all means available to encourage the Federal Energy Regulatory Commission to require substantive fish passages at the four lower Kennebec dams.
“We can accept nothing less than a solution that will save Atlantic salmon from extinction and restore other sea-run fish that cannot reach their spawning habitat,” the groups said.
