D. Anthropogenic Impacts on American Eel


1. Upstream Passage at Dams


Female American eels spend most of their lives in freshwater habitat along the Atlantic seaboard prior to returning to the Sargasso Sea to give birth. Safe and efficient access for juvenile eels to their freshwater habitat is essential to the survival of the American eel. Coastal river systems along the Atlantic seaboard are the sole migratory pathways for female American eels to gain access to their required freshwater habitat.

ASMFC (2000) states: "By region, the potential habitat loss [for American eel] is greatest (91 percent) in the North Atlantic region (Maine to Connecticut) where stream access is estimated to have been reduced from 111,482 kilometers to 10,349 kilometers of stream length. Stream habitat in the Mid Atlantic region (New York through Virginia) is estimated to have been reduced from 199,312 km to 24,534 km of unobstructed stream length (88 percent loss). The stream habitat in the South Atlantic region (North Carolina to Florida) is estimated to have decreased from 246,007 km to 55,872 km of unobstructed stream access, a 77 percent loss."

The Maryland Department of Natural Resources, MBSS Newsletter March 1999, Volume 6, Number 1 states:

"The most dramatic example of the decline of American eel abundance is dam construction on the Susquehanna River. Prior to the completion of Conowingo and three other mainstem dams in the 1920's, eels were common throughout the Susquehanna basin and were popular with anglers. To estimate the number of eels lost as a result of construction of Conowingo Dam, we used MBSS data on American eels from the Lower Susquehanna basin and extrapolated it to the rest of the basin above the dam. Our best conservative guess is that there are on the order of 11 million fewer eels in the Susquehanna basin today than in the 1920s.

"The magnitude of this loss is corroborated by the decline in the eel weir fishery in the Pennsylvania portion of the Susquehanna River. Before the mainstem dams were constructed, the annual harvest of eels in the river was nearly 1 million pounds. Since then, the annual harvest has been zero. Given the longevity of eels in streams (up to 20 years or more) and their large size, the loss of this species from streams above Conowingo Dam represents a significant ecosystem-level impact. Because adult eels migrate to the Sargasso Sea to spawn and die -- transporting their accumulated biomass and nutrient load out of Chesapeake Bay -- the loss of eels has increased nutrient loads in the basin and reduced them in the open ocean where they are more appreciated."

2. Downstream Passage at Dams

Female American eels spend 20 to 50 years in freshwater habitat along the Atlantic seaboard before returning to the Sargasso Sea to give birth. Safe and efficient access for pregnant female American eels from their freshwater habitat to the Atlantic Ocean is essential for female American eel to give birth in the Sargasso Sea. Coastal river systems along the Atlantic seaboard are the sole migratory pathways for female American eels to gain access to their oceanic spawning grounds.

Records of severe kills of female American eels by the turbines of hydro-mechanical and hydroelectric dams exist since as early as the 1880s. A corporate history of the S.D. Warren Paper Company describes severe kills of female American eels at the company's dam at Ammoncongin Falls on the Presumpscot River, Maine during the 1880s. The Presumpscot River is the outlet of Sebago Lake, the second largest lake in Maine. The dam at the outlet of Sebago Lake has long been called the Eel Weir Dam. The S.D. Warren corporate history states at page 46:

"Water power had its peculiar troubles: every cold winter morning anchor ice would clog in the intakes, and the mill would be down. Then when warm weather came, the water would be full of eels and eels are fish with tough hides. The blades of the water wheels would not chew them up and there are frequent entries in the record stating the water supply had failed and the mill was down, because the eels had stopped the wheels."

One hundred years later, a similar report was made in 1996 by the operator of the Damariscotta Mills hydro-electric dam on the Damariscotta River in Newcastle, Maine to Lewis Flagg of the Maine Department of Marine Resources. A telephone record by Alex Hoar of the U.S. Fish and Wildlife Service, dated March 30, 1996 states:

"Subject: Eels
Telephone Record.

Lew Flagg told me in a telephone conversation on Saturday night that eels had stopped the project at Damariscotta Mills from operating and set off the alarm. He was told this by the plant operator. The event happened in October. He said the eels clogged the project as they were migrating downstream.

Alex Hoar.
"

Hydro-electric dams located on the coastal watersheds of the Atlantic seaboard are a major source of mortality for female American eel as they attempt to migrate from freshwater to the Sargasso Sea to give birth. Of 15,570 dams blocking American eel habitat in the United States, Busch et al. (1998) reported that 1,100 of these dams are used for hydroelectric power. To Petitioners' knowledge, virtually none of these 1,100 hydroelectric dams provide safe passage for migrating female American eel. As a result, downstream passage by female American eels at these dams is via the project turbines, which results in the death of virtually all female eels attempting to migrate.

Radio tagging studies of migrating female American by the Maine Department of Marine Resources at two hydro-electric dams in Maine indicate nearly 100 percent of adult female eels entering project turbines are killed or severely injured and, therefore, unable to complete their spawning migration (MDMR 2002).

ASMFC (2000) states: "Downstream passage to the American eel's historic habitat is just as important as successful upstream access. Therefore, turbine induced mortality during downstream passage needs to be resolved since it impacts prespawning adult silver eel."

A summary of two meetings held with Maine commercial eel fishermen in December, 1994 written by State of Maine fisheries biologist Frederick W. Kircheis states:

"Many eel harvesters commented on the loss of large numbers of migrating eels at power generating turbines on rivers. Apparently eels are attracted to the current drawn by the turbines while migrating at night. One eel weir operator has, as result of legal action, an agreement with a dam operator to cease generating after dark from mid-August to mid-October, the prime time for migrating eels."

Petitioners have direct experience with the magnitude of mortality to female American eel caused by hydro-electric dam turbines.

In recent years, severe kills of migrating adult American eel have been repeatedly documented by the Petitioners and the Maine Department of Marine Resources at the American Tissue hydro-electric dam on Cobbosseecontee Stream in Gardiner, Maine. This stream is a major tributary of the Kennebec River located 25 miles below the confluence of the Sebasticook and Kennebec Rivers. Spillway passage is available for American eel at the American Tissue Project. However, annual fish kills of female American eel demonstrate that most migrating American eel select the American Tissue Dam turbine intake as their migration route, rather than the dam spillway. This has caused significant annual entrainment and death of American eel in the project turbines since the dam was redeveloped for hydroelectric power in 1978. In 2002 and 2003, American eel kills at this dam were only stopped after protests by the Petitioners and others forced the dam owner to institute dusk to dawn turbine shutdowns at the American Tissue Project during the fall silver eel migration season.

Reconstruction of the Pumpkin Hill hydro-electric dam on the Passadumkeag River in Lowell, Maine was documented to cause severe kills of migrating adult American as soon as the project began operation in 1987. Commercial silver eel harvests in the Passadumkeag River below the dam declined from a 16-year average of 10,000 pounds per year to 2,500 pounds upon activation of the Pumpkin Hill project turbines in 1987. The commercial eel fisherman, Mr. Gerald Crommett of Passadumkeag, Maine, stated in a Nov. 4, 1987 letter to the Maine Department of Marine Resources: "I feel the only eels we caught [this year] were from the waters of Cold Stream Ponds, which are below the dam." Mr. Crommett further stated: "We were never notified of the building of this dam in Lowell. The way to overcome this problem would be to close the power dam down from Aug. 15 to Oct. 15. We expect to be compensated for our loss from someone responsible for this." After threats of legal action by Mr. Crommett, the dam owner began evening turbine shutdowns at the Pumpkin Hill project during the fall eel migration season.

Radio-tracking of adult American eels by the Maine Department of Marine Resources just above the Lockwood hydro-electric project on the Kennebec River during fall 2002 indicates that 40 percent or more of the adult American eel attempting to migrate past the Lockwood Project each fall are entrained and killed in the Lockwood Dam turbines, despite the availability of the project spillway for passage (MDMR 2003).

Radio-tracking of adult female American eels by the Maine Department of Marine Resources (Maine DMR) at the Benton Falls Project in 2000 and 2001 indicate more than 50 percent of the migrating eels attempting to pass the Benton Falls project are entrained and killed in the project turbines. The studies also found that 100 percent of the eels entrained in the Benton Falls project turbines were killed by them. In fall 2001, Maine DMR staff used an underwater videocamera at the Benton Falls Project turbine outfall to attempt to locate two radio-tagged eels which had passed through the Benton Falls Project turbines. The videocamera revealed large numbers of dead eels and eel carcasses resting on the river bottom at the turbine outfall. Maine DMR's 2001 study reported stated:

"DMR personnel attempted to recover these eels on five occasions (10/22, 10/26, 10/31, 11/2, 12/7). An underwater camera revealed a deep hole below the tailrace that contained many portions of eel carcasses in various states of decay. It was apparent these eels had been killed by turbine blades .... Based on two years data, the surface bypass at Benton Falls is not efficient at passing eels."

In October 2004, Petitioners documented a large and severe kill of migrating female American eel at the Benton Falls hydro-electric dam on the Sebasticook River in Benton, Maine. The Sebasticook River is a large (970 square mile) tributary of the Kennebec River.

The kill was first observed and documented by Douglas Watts of Friends of the Kennebec Salmon at 6:45 a.m. on October 14, 2004. Mr. Watts observed and photographed 25-30 large female American eels in various states of decomposition on the river bottom immediately below the Benton Falls Project turbine outfall. All of the eels bore wounds and injuries indicative of turbine blade strike (ie. decapitation, severed and partially severed torsos). Most of the eels observed were 3-4 feet in length. Four bald eagles were observed directly below the dam actively feeding on decapitated eels. Mr. Watts collected two large freshly killed eels to display for officials of the Maine Department of Environmental Protection and the Maine Department of Marine Resources. During these collection efforts, two employees of Benton Falls Associates working at the dam were shown the eels by Mr. Watts. Mr. Watts informed the employees the decapitated eels had been killed by the dam turbines and were just a small fraction of those he had just observed lying dead on the river bottom below the dam. One Benton Falls Associates employee told Mr. Watts the eels were killed by seagulls, not the dam turbines. One employee informed Mr. Watts that he was trespassing. Project turbines were running at the time of Mr. Watts' visit to the site and there was no spill at the dam. All river flow was exiting through the project turbines and the surface bypass for juvenile alewives and shad. Despite that the surface bypass was in operation at the time of his visit, Mr. Watts observed and photographed numerous freshly decapitated juvenile alewives below the dam as well.

All photographs taken can be viewed at www.kennebecriver.org.

On Friday, October 15, 2004 Mr. Nathan Gray of the Maine Department of Marine Resources accompanied Mr. Watts to the Benton Falls project to perform a more thorough survey of the project tailrace for dead and injured American eel. Using chest waders and dip nets, Mr. Gray and Mr. Watts surveyed the wadeable portions of the Sebasticook River for a distance of approx. 300 yards below the Benton Falls Project. The survey lasted approximately 90 minutes with visibility hampered by dark, overcast skies. During the October 15 survey, Mr. Gray and Mr. Watts captured several very large eels that had been struck by the dam turbines the previous evening and were still barely alive but so wounded they could not avoid being captured or swim correctly. These were eels that would not have been killed had Mr. Calvin Neal of Benton Falls Associates shut down the project turbines when first alerted to the killing of eels at the dam by Mr. Watts at 8 a.m. the day before.

Mr. Gray's October 15, 2004 report to his superiors reads as follows:

"-----Original Message-----

From: Gray, Nate
Sent: Friday, October 15, 2004 4:09 PM
To: Squiers, Tom; Wippelhauser, Gail; Glowa, John M
Subject: Benton Eel kill

Returned to the tailrace of Benton Fall Hydroelectric facility this PM with Doug Watts after he reported a significant eel kill having happened sometime prior to 10/14/04. Using chest waders we inspected the tailrace outfall and found there were at least a few hundred eels killed over the past few weeks. Eels ranged from highly decomposed to cripples unable to
swim. A bald eagle was noted taking off with eel remains. Nearly all sections of the tailrace that were wadeable contained the remains of adult eels that appeared to have been killed by turbine blade strike. Calvin Neal, the station operator had reduced flows to the turbine in order to more efficiently utilize water resources in generating electricity. This may account for the eels that were found that appeared whole but were nevertheless dead. On 10/14/04 I performed a routine downstream inspection of the site and was informed by Mr. Neal that a certain person in the form of Douglas Watts had come to the site and was very upset that there were dead eels below the project. I asked Mr. Neal to accompany me on an inspection walk down in the tail waters to see if there were any eels or alewives that had been entrained and killed by the turbine. Viewing conditions were less than ideal but I did note that there appeared to be a few dead eels in the tailrace. One in particular was quite visible. Having no chest waders with me I told Mr. Neal that I would return on 10/15/04 to confirm the presence of the eel(s) in the project tailwaters. Mr. Watts visited the office on the morning of 10/15/04 and told what he had seen below the Benton facility so I asked him to accompany me to show me what he had seen. He did so. There were more than he had seen the previous day. Below the rapids there is a large fall-out pool and the bottom here showed eels in various states of decay from very fresh to weeks old."

Immediately after this October 15, 2004 inspection, Mr. Gray informed Mr. Calvin Neal, the dam operator, that the river bottom below the dam contained several hundred dead eels which had been recently killed by the project turbines. Despite being provided with this information, Mr. Neal did not offer to shut down the project turbines.

On August 20, 2004 Petitioners filed a motion before the Federal Energy Regulatory Commission requesting the Commission require the Benton Falls Dam owner to provide safe passage for female American eels at the dam during the fall 2004 eel migration season. The Commission refused.

On October 16, 2004 Petitioners and Friends of Merrymeeting Bay filed complaints before the Federal Energy Regulatory Commission of an ongoing severe kill of female American eels at the dam and requested the Commission require the Benton Falls dam owner provide safe passage for female American eels for the remainder of the fall eel migration. The Commission refused.

On October 18, 2004 the State of Maine informed Petitioners it had no legal authority to stop the ongoing killing of female American eel at the Benton Falls dam.

On October 19, 2004 the State of Maine asked the Benton Falls dam owner, Arcadia Energy of Atlanta, Georgia, to conduct voluntary evening turbine shutdowns at the dam for the remainder of the fall 2004 American eel migration season. The dam owner refused.

The website of the Benton Falls dam owner, Arcadia Energy, (www.arcadia-energy.com) states:

"We are committed to developing renewable hydroelectric power and green power while responsibly guarding and maintaining precious natural resources."

The turbines of the Benton Falls dam have remained operating and killing pregnant female American eels during the entire fall 2004 eel migration season, as they have annually each fall since the Benton Falls dam went on-line in 1987.

Petitioners have been informed by staff of the U.S. Fish & Wildlife Service that large kills of migrating female American eel have been documented in recent years by USFWS staff at the Holyoke Dam, the lowermost hydro-electric dam on the Connecticut River (Alex Haro, USFWS, personal communication to Timothy A. Watts, October 2004). The Connecticut River is the largest watershed in New England. To the Petitioners knowledge, no provision for safe passage of migrating female eels is provided at the Holyoke Dam or any other hydro-electric dam in the Connecticut River watershed.


3. Toxic Contaminants

ASMFC (2000) states:

"American eel are benthic, long-lived and lipid rich. Therefore, American eel can accumulate high concentrations of contaminants, potentially causing an increased incidence of disease and reproductive impairment as is found in other fish species (Couillard et al. 1997). An analysis of the contaminants in migrating silver eel in the St. Lawrence River showed that the highest concentrations of chemicals were in the gonads. Concentrations of PCB and DDT were found to be 17% and 28% higher in the gonads than in the carcasses. The chemical levels in the eggs could exceed the thresholds of toxicity for larvae. Also, since the migrating females are not feeding, the chemical levels in the eggs could be even higher at hatching, increasing the likelihood of toxicity to the larvae (Hodsdon et al. 1994)."

4. Human Harvest

Throughout their range in North America and the United States of America, American eel are intensively harvested at all life stages (glass eel, elver eel, yellow eel and silver eel) upon their entering coastal and freshwater habitats in the United States of America.

ASMFC (2000) states:

"Since the early 17th century, Native Americans have harvested eel for food and cultural sustenance. Today, commercial and recreational fisheries for American eel are seasonal, but remain economically important by providing both direct and indirect employment ... Since the fishery's peak in the mid 1970s at 3.5 million pounds, commercial landings have declined significantly to a near record low of 868,215 pounds in 2001. Recreational data concerning eel harvest appears to indicate a decline in abundance. According to the NMFS Marine Recreational Fisheries Statistics Survey, recreational harvest in 2001 was 10,805 eel, a significant decrease from the peak of 106,968 eel in 1982."

Geer (2004) stated: "U.S. landings on the Atlantic Coast are down about 64 percent of the long-term average back to 1950, almost 44 percent below the 20-year average and about 30 percent below the five year average. This is based on 2002 landings reports."

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