Operational Plan for the Restoration of Diadromous Fishes to the ...

On the tributaries, the downstream fish passage system at Lowell Tannery was
installed at the time when the project was constructed. The downstream passage
system at the Stillwater Project was a retrofit and facilities at the redeveloped Orono
Project will be installed during spring 2009. On the Piscataquis River, the Brown’s
Mill and Howland projects have retrofitted downstream passage facilities. The
remaining hydro projects do not have downstream passage facilities.
A license from FERC is required to construct, operate, and maintain a non-federal
hydroelectric project (see FERC 2004 for specific requirements). License terms are
granted for a period of 30 – 50 years with FERC granting 30-year license terms for
projects that propose little or no redevelopment, new construction, new capacity, or
enhancement; 40-year terms for projects that propose moderate redevelopment,
new construction, new capacity, or enhancement; and 50-year terms for projects that
propose extensive redevelopment, new construction, new capacity, or enhancement.
FERC typically attaches conditions (articles) to a license for the duration of the
license term. For example, FERC may attach an article requiring the licensee to
install, operate, and maintain fish passage facilities when deemed necessary by
natural resource agencies.
FERC may issue an exemption from licensing under certain circumstances (FERC
2004). Small hydroelectric projects of 5 MW or less are eligible for a 5MW
exemption. Exemptions are subject only to conditions attached to the exemption
and exemptions do not expire.
Unless there are specific conditions attached to a license or exemption, it could
prove burdensome to require hydro dam owners/operators to install and operate
upstream and downstream fish passage facilities. Some, but not all, FERC licenses
contain a reopener clause allowing agencies the opportunity to reopen a license
before license expiration providing an avenue for agencies to seek the installation,
operation, and maintenance of fish passage facilities.
A settlement agreement between various parties, the Lower Penobscot River
Multiparty Settlement Agreement (MPA), contains several triggers, provisions, and
schedules for installation and operation of fish passage facilities depending on
specific courses of action as the Penobscot River Restoration Project moves
forward.
Upstream and downstream passage of Atlantic salmon at selected hydro projects
has been studied over the past 20 years (Appendix I). Some studies have been
specific deliverables of FERC license articles following installation of fish passage
facilities (e.g. downstream passage at West Enfield) while other studies have been
undertaken to obtain general knowledge of inriver movements for Atlantic salmon.
The University of Maine and others have also studied Atlantic salmon movements
within the river system. Passage for other anadromous fish species has not been
studied at all. There have been a few studies undertaken at selected hydro projects
following installation of passage facilities for the catadromous eel.
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