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Today, NOAA Fisheries is issuing the final Biological Opinion to the Federal Energy Regulatory Commission (FERC, lead Federal agency) considering the effects on protected species of Brookfield Renewable Energy Partners’ (Brookfield) lower Kennebec River Dams (Lockwood, Hydro-Kennebec, Shawmut, and Weston).
Findings
NOAA Fisheries has evaluated FERC’s analysis of the effects of these dams on endangered and threatened species and has concluded that the proposed action is likely to adversely affect, but is not likely to jeopardize, the continued existence of Endangered Species Act (ESA) listed Atlantic salmon, Atlantic sturgeon, and shortnose sturgeon and is not likely to destroy or adversely modify any designated critical habitat. The issuance of this Biological Opinion is an important step in the continued improvement of ecological conditions in the lower Kennebec River, a decades-long process in which NOAA Fisheries has consistently been engaged.
NOAA Fisheries expressed significant concerns about the impacts of these projects after reviewing an initial December 2019 proposal by Brookfield. In May 2022, NOAA Fisheries cautioned Brookfield that its follow-up proposal would likely jeopardize the existence of Atlantic salmon in the Kennebec River. Following intensive consultations with NOAA Fisheries staff and leadership, FERC and Brookfield made new commitments to implement significant operational and structural changes at these four dams for the benefit of Atlantic salmon and other sea-run fish. NOAA Fisheries is including additional requirements designed to further protect ESA listed species, including Atlantic salmon, and to ensure that FERC and Brookfield will pursue any necessary additional changes to meet or exceed its safe fish passage commitments.
Improved Fish Passage
NOAA Fisheries will oversee an extensive monitoring program to ensure that the dams meet the expectations of improved fish passage in the Kennebec River. In total, it is estimated that these improvements will require an investment by Brookfield of over $100 million. If these improvements are fully implemented, Atlantic salmon will be able to swim in the Kennebec River from the Atlantic Ocean to its freshwater habitat in interior Maine for the first time since the dams were constructed in the 19th century. These comprehensive dam improvements will also benefit other sea run species, including river herring, providing a host of ecosystem and economic benefits from the Kennebec River watershed to the Gulf of Maine. Should the lower Kennebec dams fail to achieve the benchmark commitments for safe and effective fish passage, FERC and Brookfield will be required to work with NOAA Fisheries to evaluate new options for protecting federally listed sea-run fish.
While significant, these improvements will not completely prevent negative effects to migrating Atlantic salmon, and they will continue to impact the species in the Kennebec River. NOAA Fisheries will continue to work towards and support efforts to improve fish passage and habitat for Atlantic salmon and other sea run species in the Kennebec River watershed and throughout the range of endangered Atlantic salmon in Maine.
What's Next?
FERC is the lead federal agency responsible for amending the licenses of the Lockwood, Hydro-Kennebec, and Weston Projects and issuing a licensing decision for the Shawmut Project. Prior to finalizing the dam improvements, FERC has stated that it expects to prepare an Environmental Impact Statement on the effects of Brookfield’s proposal for the lower Kennebec River Dams. We will continue working closely with FERC and the other federal and state agencies throughout this process.
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