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Kennebec River Federal Navigation Channel Phippsburg to Bath (approximately 13 miles) Maintained by the U.S. Army Corps of Engineers Bath Iron Works depends on channel to move Navy vessels Extremely dynamic and subject to unpredictable shoaling Authorized to Depth of 27 Feet M.L.L.W. Active from Phippsburg to approximately 13 miles upstream to Bath Maintained by the U.S. Army Corps of Engineers Bath Iron Works depends on channel to move Navy vessels Area is extremely dynamic and subject to unpredictable shoaling
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Threatened and Endangered Species Issues on the Kennebec River,
Maine
Acipenser brevirostrum Photo: Nancy Haley, NOAA Atlantic sturgeon
photo courtesy of Robert Michelson Threatened and Endangered
Species Issues on the Kennebec River, Maine Obstacles to Dredging
due to the Presence of Shortnose Sturgeon, Atlantic Salmon and
Atlantic Sturgeon Kenneth M. Levitt Valerie A. Cappola Ph.D. USACE
New England District Troy R. Bennett / The Times RecordBangor Daily
News, September 1, 2011 Kennebec River Federal Navigation
Channel
Phippsburg to Bath (approximately 13 miles) Maintained by the U.S.
Army Corps of Engineers Bath Iron Works depends on channel to move
Navy vessels Extremely dynamic and subject to unpredictable
shoaling Authorized to Depth of 27 Feet M.L.L.W. Active from
Phippsburg to approximately 13 miles upstream to Bath Maintained by
the U.S. Army Corps of Engineers Bath Iron Works depends on channel
to move Navy vessels Area is extremely dynamic and subject to
unpredictable shoaling Doubling Point, approximately 12 miles
upstream from mouth of river
Two reaches where shoaling has historically occurred: Doubling
Point, approximately 12 miles upstream from mouth ofriver Popham
Beach, where river joinsAtlantic Ocean Two reaches where shoaling
has historically occurred: Doubling Point, approximately 12 miles
upstream from mouth ofriver Popham Beach, where river joinsAtlantic
Ocean Kennebec River Provides Habitat for Three
Federally Listed Fish Species 1.Shortnose Sturgeon (Acipenser
brevirostrum) a.Originally Listed as Federally Endangered in March
1967 by the U.S. Dept of Interior b.Anadromous/ freshwater
amphidromous in Kennebec River Spawns upstream in freshwater in
Kennebec River.Adults inhabit lower esturarine regions of river and
have been shown to migrate along the coast to Penobscot River.
Adults spawn in freshwater but regularly enter saltwater habitats
during their life (Kieffer and Kynard 1993 as cited in NOAA, 1998)
although will spend time in freshwater. b. Over-winters in areas of
Kennebec River upstream from Doubling point (Merrymeeting Bay,
shown by red arrow). Recent Kennebec River population estimates
indicate that population has increased since the 1990s. Spawning
areas have been found in the Androscoggin River below the Brunswick
Dam (not shown on map), and in the Kennebec River near Gardiner
(marked by red arrow), and now upstream below Lockwood Dam in
Waterville (since the removal of the Edwards Dam in Augusta). Gulf
of Maine DPS of Atlantic Salmon (Salmo salar)
(Salmo salar) Photo: William Hartley, USFWS a.Gulf of Maine
Distinct Population Segment (DPS). First Listed as Endangered in
2000, with the addition of the upper Kennebec River and Penobscot
River stocks in 2009. b.Anadromous Spawns upstream in freshwater in
Kennebec River.Young will live in the river for several years
before smolting (a physiological change where the fish becomes able
to live in salt water) and migrating downstream to mature in marine
environment Adults migrate out towards Greenland before returning
to spawn in freshwater natal streams (often migrating upstream over
one hundred miles, not including their oceanic migrations). Lower
Kennebec River has fish that spawn in both the Androscogin River
and Kennebec River.Will begin to migrate upstream in May through
Julyand spawn in the fall.Smolts will migrate downstream in the
spring.Post spawning adults will down-migrate in the later fall.
Spawning areas located upstream near Augusta, and with the removal
of the Edwards Dam have been able to move further upstream. Gulf of
Maine DPS of Atlantic Sturgeon
(Acipenser oxyrinchus oxyrinchus) Atlantic sturgeon photo courtesy
of Robert Michelson Photo: USFWS a.Gulf of Maine DPS proposed for
listingas Threatened in October 2010, with final listing in
February Also New York Bight and Chesapeake Bay DPS listed as
Endangered.Although not listed at the time of dredging, it still
needed to be addressed in the Section 7 Consultation because it was
proposed. b.Anadromous Spawns upstream in freshwater reaches of the
Kennebec River but spendmost of their adult life in the marine
environment. After hatching larvae move downstream to estuary where
they transition to juveniles, and will remain formonths or years
before moving to open ocean as sub-adults.At sea, adults make long
range migrations but will return to their natal rivers to spawn
(ASSRT, 2007). Have been shown to move between the Kennebec River
and the Penobscot River. Have also been found in Saco River, south
of the Kennebec (not shown on map). Spawning migrations occur from
May July in more northern areas (Maine/Canada).Kennebec River is
one of the few rivers in Maine where spawning has historically
occurred and still believed to occur for this species. d.Spawning
areas believed to have been near Gardiner, and since the removal of
the Edwards Dam in Augusta fish have been found further upstream on
Kennebec River (ASSRT, 2007). November 1 to April 30 of any
year
All three species will move throughout the Kennebec River to access
various habitats during their life cycles, passing through theareas
that are periodically dredged Consultation with the National Marine
Fisheries Service (NMFS) under Section 7 of the EndangeredSpecies
Act (required) Biological Opinion (BO) established dredge windows,
reasonable and prudent measures and incidental take statements (for
SNS) November 1 to April 30 of any year Dredging outside the
windows -In 2003 dredged in October to move the Navy destroyer the
U.S.S. Chafee Resulted in 5 Incidental takes of SNS 1.Numerous
Studies conducted by and for the federal and state resource
agencies have shown that all three of these species will seasonally
move throughout theKennebec river to access various habitats(i.e.
spawning, overwintering, or foraging) 2.All three species will be
required to pass through the areas that are periodically shoaled
and dredged at some point during their life cycles 3. Consultation
with the National Marine Fisheries Service (NMFS) under Section 7
of the EndangeredSpecies Act has been required for past dredging
events.Resulted in their issuance of aBiological Opinion (BO)
establishing dredge windows, reasonable and prudent measures and
incidental take statements to avoid jeopardy (for shortnose
sturgeon) 4. The most recent dredging window established for
shortnose sturgeon ranged from November 1, to April30 of any year
5.The dynamic and unpredictable nature of the shoaling in the
Kennebec River has necessitated dredging of the river outside of
these dredging windows (at times) in order to ensure the passage
ofNavy vessels through the channel to meet critical deployment
schedules. In 2003 the channel was dredged during October (outside
of the window) in order to move the Navy destroyer the
U.S.S.Chafee. 6. This dredging resulted in the incidental take of 5
endangered shortnose sturgeon. A BO prepared as a result of an
expedited Section 7 Consultation determined that these takes did
not jeopardize the continued existence of the species. Biological
Opinion Determined that 5 incidental takes of shortnose sturgeon
did not jeopardize their continued existence in the Kennebec River
1.A total of5 takes from hopper dredge Padre Island,3 lethal.Less
injuries occurred when inflow screens were removed.Take number
1above was first lethal take.Most injuries appeared to be from
retention at inflow screen. Shoaling in late 2010 and early
2011
Dredging would need to occur to move the U.S.S. Spruance Scheduled
for departure on September 1, 2011 Would need to be dredged in
August (outside of window) Shoaling occurred again during late 2010
and early It was determined that dredging would need to occur prior
to the departure of a newlyconstructed Navy destroyer, the U.S.S.
Spruance Scheduled for departure from Bath Iron Works on September
1, 2011 Due to the time required to secure funding and permits, the
dredging would need to occur in August, 2011 (outside of the
previously established dredging window for shortnose sturgeon)
Shortnose and Atlantic sturgeon acoustic telemetry data
Shortnose and Atlantic sturgeon sampling and acoustic tracking data
(collected and compiled by the State of Maine) indicated that both
of these species concentrated just downstream from the proposed
dredging area to forage during the late summer, with movement of
individual fish through the area of active dredging expected during
that time (upstream and downstream). Fish were collected and
surgically implanted with sonic tags that transmit high frequency
sound waves specific to that tag/fish. Acoustic receivers are
set-up at designated locations along the study reach of the river
Location of fish is determined relative to where and when the
signal is received Map on left is study area of Kennebec River
showing river kilometers and locations of acoustic receivers Graphs
on right show locations of acoustically tagged Atlantic sturgeon
(top) and shortnose sturgeon (bottom), as detected at specific
receivers.Y axis is location (river kilometer) andX axis is time of
year (month). Red mark on Y axis is river kilometer 16 (below
Doubling Point).Yellow highlights on X axis are months July, August
and September Data points indicate signal at specific acoustic
receiver.Receiver at river kilometer 16 (shown on map as lower red
line) is downstream from Doubling Point and receiver at river
kilometer 21 (shown on map as upper red line) is upstream from
Doubling Point (Bath).(Doubling point is blue line on map) Can see
from top graph (Atlantic sturgeon) that there is movement between
river kilometer 16 (below Doubling Point) to river kilometer 48
(above Doubling Point)and then back down again between August and
September. Can also see at least one shortnose sturgeon (bottom
graph) moved from river kilometer 16 to river kilometer 21 between
June and October (orange line), as well as movement of another fish
between these two areas during late July/early August (light blue
line). Also, sampling net data showed concentration of both
shortnose and Atlantic sturgeon in area just downstream from
Doubling Point during late August and September time frame (just
downstream of Doubling Point) Map and data compiled by: Gail
Wippelhauser Marine Resources Scientist Maine Department of Marine
Resources #172 State House Station Augusta, ME 04333 Phone: Fax:
(Used with permission) 1. Turtle deflectors on the dragarm
A total 27 takes of shortnose sturgeon could occur without jeopardy
(NMFS BO) Assumption that sturgeon would be in the area of active
dredging and likely be entrained in the dragarms. Also very low
probability of contacting Atlantic salmon Provided reasonable and
prudent measures and equipmentspecifications to avoid/minimize
contact with endangeredspecies that included: 1.Turtle deflectors
on the dragarm 2.Methods to maintain the dragarm in contact with
the substrate during dredging 3.Removing the grates and screens
from the dragarms and outflow pipe(s) 4.Endangered Species
Observers NMFS provided a BO determining that a total 27 takes of
shortnose sturgeon could occur without jeopardizing the continued
existence of the species. 2.This was based upon the assumption that
sturgeon would be in the area of active dredging and likely be
entrained in the dragarms of the dredge.They also determined that
there would be very low probability of contacting Atlantic salmon.
3. Provided reasonable and prudent measures as well as equipment
specifications to avoid or minimize contact with endangered species
that included: 1.Turtle deflectors on the dragarm 2.Methods to
maintain the dragarm in contact with the substrate during
dredging(to avoid contact with the species) 3.Removing the grates
and screens from the dragarms and inflow pipe(s) to reduce trauma
from entrainment 4.Endangered Species Observer to monitor for
sturgeon and other species 4.Dragarms were to be in contact with
the substrate and suction would be throttled down prior to moving
dragarm off of substrate, and would not be restarted until dragarm
was back in contact with the substrate. Developed by the U.S. Army
Corps of Engineers
Turtle Deflectors Developed by the U.S. Army Corps of Engineers
Prevents turtles from becoming entrained.Can also be used for
sturgeon Were installed on the dredge, Atchafalaya in 2011 Turtle
Deflectors Developedby the U.S. Army Corps of Engineers Allows the
dragarm to move forward while preventing the turtles from
becomingentrained by moving them out of the way Can also be used
for sturgeon Were installed on the dredge, Atchafalaya for dredging
Kennebec River in 2011 Grates and screens initially removed from
dragarms and
Grates and screens initially removed from dragarms and inflows of
dredge Atchafalaya Later replaced Grates and screens initially
removed from dragarms and inflows of dredge Atchafalayatominimize
potential trauma to sturgeon Later replacedto ensure that sturgeon
were not being missed Dredging began on August 1, 2011
Public opposition lead to legal action against the USACE, the State
of Maine Department of Environmental Protection, and NMFS
Injunction against the USACE denied in federal court Also revised
BO was issued by NMFS (due to legal challenge) Dredging began on
August 1, 2011 No evidence of shortnose or Atlantic sturgeon takes
observed after 12 days with minimal entrainment of any other fish
(i.e. several flounder were observed) Grates were re-installed. No
indication of sturgeon entrainment after approximately 2 more days
of dredging Public opposition to the dredging project occurred
during this time based upon theperceived potential adverse impacts
of the dredging and the disposal of dredged material on water
quality, fish and shellfish and their habitat, including endangered
species, leading to legal action against the USACE, the State of
Maine Department of Environmental Protection, and NMFS An
injunction against the USACE requesting that the dredging be
modified was denied in Federal Court.In addition, a revised BO was
issued by NMFS (in response to a legal challenge) Dredging began on
August 1, 2011 After nearly 12 days of dredging, no evidence of
shortnose or Atlantic sturgeon takes wereobserved; with only
minimal entrainment of any other fish species (i.e. several
flounderwere observed) In order to determine if entrainment of
sturgeon was being missed, the grates were re-installed on the
inflow, with subsequent re-installation of the grating on the drag
arms However continued dredging for approximately 2 more days
showed no indication of anysturgeon entrainment, with very little
evidence of any fish entrainment They were reasonably expected to
be in the dredging areas
Assumed that the implementation of the reasonable and prudent
measures may have helped to avoid contact with the endangered
shortnose and threatened Atlantic sturgeon They were reasonably
expected to be in the dredging areas Dredging completed
successfully(with no takes) TheU.S.S.Spruance departed on schedule
on September 1, 2011 1. Therefore, it is assumed that the effective
implementation of the reasonable and prudent measures for
theoperation of the dredge may have helped to avoid contact with
the endangered shortnoseand threatened Atlantic sturgeon. 2.They
were reasonably expected to be in the dredging areas (although also
possible that they were not in the area) 3. Could also be due to
them not actually being in the area of active dredging even though
theywere reasonably expected to be there Dredging was completed
successfully with no observed endangered species takes
TheU.S.S.Spruance departed on schedule on September 1, 2011 Troy R.
Bennett / The Times RecordBangor Daily News, September 1, 2011