Monday, May 6, 2013

Shad

Fish ladders are simple solutions for allowing migrating fish to get past dams.  Unfortunately, they are not always effective for all species.  The Alaskan Steepass at Elm St Dam on the Jones River does a pretty good job of allowing river herring to pass but other species including smelt and shad are unable to negotiate the ladder.  This American Shad has been hanging out for a couple of days wondering why it's at the end of road when it can still feel flow coming down the river.  The herring swimming around with this shad will hopefully realize they can head up.

Tuesday, January 22, 2013

2012 Champion of the Environment: ‘River Rat’ Award


Each year the Jones River Watershed Association presents our Champion of the Environment award to a community member who has shown leadership, dedication and steadfast service toward improving the health of the local environment. We fondly refer to these champions as “River Rats”.  The permanent plaque of past Rats hangs on the wall of the Jones River Landing and the names reflect the depth, breadth, and strength of our local environmental community.

The 2012 award is a bit of a departure.  For the first time, this year’s award goes to someone who doesn’t live within the watershed.  Although considering the amount of time they spend here we like to think of it as their second home and they are absolutely members of our community.

This year’s River Rat award is presented to the staff of the Massachusetts Division of Ecological Restoration.  DER has been working with us in the watershed since the mid 1980’s and the first “stream teams”.  They have set up staff gauges throughout the watershed and trained our volunteers to read them.  They have been instrumental in making some of our greatest projects successful.  They funded and initiated the original reconnaissance of Wapping Road Dam.  That effort was responsible for the attention and credibility that the project received – eventually leading to a hugely successful restoration.  Their work has led to funded projects in Pine Brook, Tussock Brook, Silver Lake, and up and down the Jones.  Even when they aren’t physically here they are always available on the phone providing guidance, expertise, and enthusiasm that makes our work more productive.  Plus…they do this state-wide!  They are environmental heroes throughout the Commonwealth.

It is our honor to present this award to the staff of the Division of Ecological Restoration.  We look forward to a long and continued partnership with these adopted members of our community.


Wednesday, May 30, 2012

Un-protected Fish. Were's the P?

In May of 2012, The Atlantic States Marine Fisheries Commission (ASMFC) released the new River Herring Benchmark Stock Assessment.  This comprehensive report concluded that the east-coastwide population is depleted to near historic lows. The full stock assessment report and state specific stock summaries can be found at www.asmfc.org

River herring are the collective term for two very similar fish species alewife (Alosa pseudoharengus) and blueback herring (Alosa aestivalis). River herring abundance throughout Massachusetts has declined to historical low levels. As a result of these declines the Massachusetts Division of Marine Fisheries (MarineFisheries) established a three-year moratorium on the sale and harvest of river herring throughout state in 2005.  In 2008 the moratorium was extended through 2011 because of a lack of recovery of river herring in the Commonwealth.  Since January of 2012 the moratorium has been extended under the oversight of ASMFC.  In addition, the National Marine Fisheries Service (NMFS) has listed blueback herring and alewife as “species of concern”.

The depletion of river herring throughout the Commonwealth that lead to the moratorium can be seen in the Jones River.  From 2005 to 2011 the estimated size of the Jones River herring run was as low as 560 fish in 2008 and only as high as 4,512 fish in 2010.  It is impossible to compare this to historic levels since population estimates were not conducted in the past.  They didn’t need to be since there was never a concern over lack of fish.  River herring were abundant enough to be used as a primary food, bait, and even as fertilizer.  Journals from earlier colonial settlers frequently commented on the abundance of herring in the area.

Despite the historically low population levels and regulatory efforts to protect the species, Pilgrim Nuclear Power Plant continues to impinge large numbers of river herring on the screen of their cooling water intake. In fact Alewife is the third highest species impinged at PNPS.  Based on annual extrapolated totals PNPS impinges an average of 2,885 river herring per year and have been known to impinge as many as 41,128 river herring in a single year.  These excessively high impingement rates have been occurring for decades. This includes well before concerns over the status of the species, but also in very recent years when the vulnerability of the species was well known.  For example, in 2010 alewives were the second most impinged species at PNPS at an estimated total of 12,951 river herring. This is more than three times greater than the total number of fish estimated for the entire 2010 Jones River river herring population.  This is essentially unregulated.  The cooling water intakes are permitted under the National Pollutant Discharge Elimination System (NPDES).  These permits are administered by the federal Environmental Protection Agency and in Massachusetts by the Department Environmental Protection.  Pilgrim's NPDES permit expired about 16 years ago.  EPA and DEP have been allowing the permit to extend, without review, without the explicitly required oversight, and in violation of it's conditions since the 1990's.    So you have to ask ask yourself:  Where is the "P" in EPA and DEP?

Thursday, April 5, 2012

Groups ask state agency to suspend coastal zone approval for Entergy’s Pilgrim reactor

Two groups today asked the state to revoke a 2006 approval for Entergy’s Pilgrim nuclear reactor in Plymouth. Jones River Watershed Association and Pilgrim Watch are asking the Massachusetts Office of Coastal Zone Management (MCZM) to suspend its’ “consistency certification” issued under the federal Coastal Zone Management Act for Pilgrim re-licensing. Entergy applied to the Nuclear Regulatory Commission for a license to continue operating the 40-year old reactor for another 20 years. Before the NRC can act, the state must certify that relicensing will not violate state laws governing activities in the coastal zone.

“For 40 years, Entergy’s once-through cooling system has been taking over 510 million gallons of water a day from Cape Cod Bay into the reactor and sucking in fish, plankton, fish eggs, larvae, and more, and kills them. Another 20 years will cause even more destruction of our coastal zone and our ability to use and enjoy the Bay’s resources for fishing and recreation. We hope the state will suspend the certificate because Entergy is unnecessarily destroying marine life in Cape Cod Bay,” said Pine duBois, Executive Director of JRWA.

The letter to MCZM identifies 10 ways that relicensing will violate the state coastal zone management policy. Many violations are based on new information about killing river herring, possible impacts to dolphins and porpoises, and failing to properly take steps to study the impacts on whales and endangered sea turtles. The groups claim all the information showing the violations is in government agency files, but has been ignored for over a decade.

“We have repeatedly asked the NRC to protect Cape Cod Bay from Entergy’s destructive cooling water operations. The state should be well aware that there is an issue here. Enough is enough. It’s time for action,” said Mary Lampert.


The letter to MCZM  is as follows:

*Jones River Watershed Association*Pilgrim Watch* 

April 4, 2012
By Express Mail
Bruce K. Carlisle
Director
Massachusetts Office of Coastal
Zone Management
251 Causeway Street
Suite 800
Boston MA 02114


Re: MCZM July 11, 2006 Consistency Certification for Entergy’s Nuclear Pilgrim Nuclear Power Station, Plymouth MA

Dear Mr. Carlisle,
We are writing to request that your office immediately suspend its July 11, 2006 Coastal Zone Management Act (CZMA) Consistency Certification for the Nuclear Regulatory Commission (NRC) relicensing of the Entergy Nuclear Generation Company and Entergy Nuclear Operations Inc. (Entergy) Pilgrim Nuclear Power Station (PNPS). Entergy has inaccurately certified to the NRC that relicensing will be consistent with the MCZM program. The facts show that continued operation of PNPS as proposed by Entergy will be inconsistent with enforceable state coastal zone management policies, as codified at 301 CMR §§ 20.00 to 26.00 (MCZM program), and therefore the 2006 consistency determination is invalid. Time is of the essence as Entergy’s current NRC operating permit expires June 8, 2012 and relicensing based on MCZM’s 2006 consistency determination is likely to occur before May 29, 2012.

We further request that your office notify Entergy that a supplemental coordination is required for the relicensing application. See, 10 C.F.R. § 930.66 and CZMA, 16 U.S.C.S. §§ 1451 et seq.

Entergy’s NRC application states that during the relicensing period (2012 to 2032) it plans to continue its 40-year use of its once-through cooling water system. It is documented that this system has had destructive impacts on Cape Cod Bay coastal zone resources and uses due to impingement, entrainment, thermal discharges, and discharges of other pollutants including chlorine and biocide residuals. Entergy’s 2006 Coastal Zone Management Consistency Certification (CZM Report) certified that operations during relicensing will be consistent with MCZM policies. Some of these statements were not true at the time they were made, and others are no longer true.

Entergy’s continued operation of the Pilgrim station for the relicensing period will violate at least MCZM Water Quality Policy #1, 301 CMR 21.98(3), and Habitat Policies, #1-2, 301 CMR 21.98(4), in the following ways:[1]

1. Noncompliance with its Clean Water Act NPDES permit: Since 1999, Entergy has failed to obtain state and federal approval of its Biological Monitoring plans, in violation of its NPDES permit, Part A.8, and has failed to conduct the Biological Monitoring it did do, under the oversight of the Pilgrim Advisory Technical Committee, in violation of Part 8.d.

2. Entergy’s NPDES permit expired in 1996, but has been administratively extended since that time. EPA and MassDEP do not have the capacity to issue a new NPDES permit before June 8, 2012, the NRC relicensing deadline

3. Entergy’s last § 316 demonstration project was provided to U.S EPA in 1977, Additional information for a new review was submitted to EPA by ENSR in 2000 but the review was never completed. MCZM staff comments on the 2000 ENSR report forcefully stated that this submittal failed to demonstrate § 316 and MCZM standards were met.

4. Since 2006, Entergy has annually violated the state’s moratorium on the taking of river herring, 322 CMR 6.17(3), and river herring is now a candidate species under the federal Endangered Species Act. 76 Fed. Reg. 67652 (11/2/2011) River herring are the third most impinged species at PNPS.

5. Entergy’s CZM Report stated there would be “no effects” on endangered and threatened species. On March 26, 2012, the U.S. Fish and Wildlife Service informed the NRC Staff it does not agree that there will be “no effects” on Cape Cod Bay endangered and threatened species from PNPS operations.

6. MCZM’s 2006 certification fails to address or acknowledge impacts to marine mammals such as whales, porpoise, and dolphin, which are known to be present in the PNPS area and in Cape Cod Bay, and which are protected by the federal Marine Mammal Protection Act, 16 U.S.C.S. §§ 1362 (13), 1372 (a).

7. Impacts to species listed under the Massachusetts Endangered Species Act were ignored or inadequately assessed, including impacts to hawksbill turtle, humpback whale, roseate tern, and arctic tern.

8. New discharges of radioactive tritium to groundwater at the Pilgrim station are being documented, and this groundwater is reported to flow toward Cape Cod Bay. It is unknown for how long this discharge has been occurring. MCZM has not determined whether discharges of this radioactive material, combined with PNPS point source discharges of radioactive wastewater to Cape Cod Bay, is consistent with MCZM policies.

9. An Essential Fish Habitat consultation with NMFS as required by Magnuson-Stevens Fishery Conservation and Management Act has not been completed and will not be done prior to June 8, 2012, the relicensing deadline. Instead, the NRC has postponed the EFH consultation indefinitely to the NPDES permit renewal process. Therefore the MCZM’s consistency review was done without the benefit of the results of this consultation.

10. Entergy has not demonstrated compliance with MassDEP’s 2006 cooling water intake structure water quality standards, upheld by the Massachusetts Supreme Judicial Court in April 2011, following a legal challenge by Entergy. Entergy Nuclear Generation Company v. Department of Environmental Protection, 459 Mass. 319 (2011). These regulations are designed, inter alia, to minimize impacts on aquatic life through entrainment, impingement and thermal discharge. See, 314 CMR § 4.05(b)(2)(d), 4.05(3)(c)(2)(d), 4.05(4)(a)(2)(d), 4.05(4)(b)(2)(d), 4.05(4)(c)(2)(d).

Entergy should have provided all of the information listed above to MCZM, pursuant to 16 U.S.C.S. 1456(c)(3)(A), which requires an applicant to submit “all material relevant to a State’s management program….” 15 CFR 930.58; 301 CMR 21.07(3). See, e.g. Conservation Law Foundation v. Lujan 560 F.Supp. 561 (D.Mass. 1983).

Under 15 C.F.R. § 930.66(a), applicants for federal consistency review “shall further coordinate with the State agency and prepare a supplemental consistency certification if the proposed activity will affect any coast use or resource substantially different than originally described.” Significant new circumstances or information and substantial changes both warrant such supplemental review. Id. § 930.66(a)(1)-(3). The information we have indicated above shows a supplemental coordination is required. Facts, documents, and data establishing this information were obtained from agency files.

About two weeks ago we requested a meeting with your staff to discuss this, and we remain willing to do so, in order to reach a mutually agreeable resolution of the concerns raised here. We are ready and able to provide you with full documentation of these facts and others that show that NRC relicensing of PNPS will violate MCZM policies.

In the meantime, we reiterate our request that you immediately suspend the 2006 Consistency Certification and so notify the NRC, and inform Entergy that supplemental coordination is needed under 15 C.F.R. § 930.66.

Thank you for consideration of our information. Please contact Pine duBois, Executive Director, Jones River Watershed Association, 781-585-2322 or pine@jonesriver.org should you have any questions or concerns.


Very truly yours,
Jones River Watershed Association, Inc.


By:
Pine duBois, Executive Director

Margaret E. Sheehan, Esq., Volunteer

Anne Bingham, Esq.


Cc: Representative Edward Markey

The Hon. Duval Patrick, Governor

Senator Therese Murray

Provincetown Center for Coastal Studies

James McCaffrey, Director, Sierra Club, Massachusetts

Susan M. Reid, Conservation Law Foundation

Curt Spaulding, Regional Administrator, USEPA Region 1

David Webster, US EPA

Kenneth Kimmel, Commissioner, MassDEP

Beth Card, MassDEP

State Senators and Representatives

Whale and Dolphin Conservation Society

Pilgrim Coalition

Herring Alliance

Cape Cod Hook Fisherman’s Association

Trout Unlimited, Massachusetts Chapter

Massachusetts Rivers Alliance

Cape Cod Commission







[1] This is not a comprehensive list of all the ways in which continued operations will violate MCZM policies, but only examples.  More information is available upon request.

Thursday, March 22, 2012

SPEAK OUT TO HELP PROTECT RIVER HERRING

Voice your support for common sense solutions like having federal observers on all trips by these industrial vessels, requiring them to provide their entire catch to these observers for inspection instead of dumping huge amounts of it unseen, and enacting an overall limit on the amount of river herring they can catch and kill each year. Our fishery managers need to hear from you!

Our local meeting is:
Tuesday, March 27, 7-9 p.m., Plymouth, MA
Radisson Hotel Plymouth Harbor, 180 Water St.

Read more at http://www.herringalliance.org/blog/180-speak-out-to-help-protect-river-herring

Friday, March 9, 2012

River Herring and other fish getting 'nuked'


On March 8th JRWA filed a legal challenge against Entergy's operations at Pilgrim Nuclear Plant.  One of the significant issues at hand is the number of fish that get sucked into the plant's cooling system.  Those of us who follow the annual Jones River herring run are well aware of how imperiled river herring are in the Jones and beyond.  River herring are the third most impinged (sucked into the grates) species at Pilgrim.  In fact, based on Pilgrim's monitoring data, river herring have been impinged at Pilgrim every year from 1980 to 2010.  The total number of river herring impinged in this time period was estimated at 92,001 (68,489 alewife + 23,512 blueback herring).  Peak impingement years included:

  • 1995 when alewife alone was the greatest single species impinged at the plant and total river herring impinged was 41,128 individuals (39,884 alewife + 1,244 blueback herring)
  • 2010 when alewives were the second most impinged species (after Atlantic silversides) at an extrapolated total of 12,680 fish plus an additional 271 blueback herring. This is more than three times greater than the total number of fish estimated for the entire 2010 Jones River river herring population.

You can read more about the legal filing, including testimony from JRWA's Exectutive Director and Ecology Program Director, by clicking here: Cape Cod Bay Watch

Thursday, March 8, 2012

Herring and the Herring Alliance need our help.

Greg Wells of the Herring Alliance was kind enough to come down to our annual meeting and give a great talk about the history, status, and future of river herring.  Those of you who attended know how urgent the need is to protect these fish.  You also saw the massive task that the Herring Alliance has in front of it in order to affect positive change.  This is the big scale stuff that our small organization can't handle on it's own.  So we rely on them to do the heavy lifting and they rely on us to back them up.  Greg sent us an email today asking for some of that back up.  I can't improve much on his wording so I'll just let his note speak for itself. You should feel free to contact them or us if you want more information or just to talk it over.  We will be following up as an organization, but support from individuals is also key.

Hi Pine and Alex,

Thought I’d send you an quick update on our herring efforts and let you know about the open comment period and hearings scheduled on Amendment 5 to the Atlantic Herring FMP.  Comments on the proposed management options are being accepting now through April 9, and seven public hearings are coming up, including one near you on March 27th. Final decisions on management measures – including protections for river herring – will be made in June.

Leading up to these final decisions, there are a number of ways JRWA and your members can help ensure adequate protections for river herring are voted through and ultimately approved for implementation (hearing attendance/testimony, sign-on letter, op-eds in local papers, encouraging elected officials to weigh in on the process, etc.). I’ll keep you posted as these opportunities come up. In the meantime, please help us spread the word about the upcoming hearings (link below). It would be really great to have you or others in your community at a hearing to let Council members know that groups like yours are putting in a lot of time and effort to restore river herring runs, that we need them to support these efforts by establishing protections for these fish in federal waters. I can provide you some talking points, and if you or anyone is interested I’d be happy to meet up before the main event.
  
Thanks,
Greg