Maine Governor on Federal Rule on Atlantic Salmon

June 15, 2009 -- AUGUSTA – Maine Governor John E. Baldacci today issued the following statement on the decision of the Federal government to expand the Endangered Species Act in Maine for Atlantic Salmon. The rule includes the Androscoggin, Kennebec and Penobscot Rivers to the existing Endangered Species Act.

“I am deeply disappointed and concerned that the State’s comments to the draft rule were not incorporated in the final decision of the Federal government. This Federal action ignores Maine’s strong track record in species management and our need for a flexible approach which will enable us to use all our tools to work with stakeholders to manage Atlantic salmon.”

“The extreme approach chosen by the Federal government hamstrings the State’s ability to use creative conservation efforts that have been successful in the past. Just last month we hailed the success of the State, working in concert with Federal and private stakeholders, to delist the Bald Eagle as an endangered species. We know cooperative approaches are best to yield results that will restore Atlantic salmon populations while preserving Maine’s economy.”

“I intend to work with Maine’s Congressional Delegation and others to explore options available to the State, including legal actions.”

Last week, following a conversation on this issue, the Governor sent a letter to U.S. Department of Interior Secretary Ken Salazar detailing the specific concerns of the State of Maine with the potential expanded Endangered Species Act listing. The text of the letter follows.

June 8, 2009

Secretary Ken Salazar

U.S. Department of Interior

1849 C Street, NW

Washington, DC 20240

Dear Secretary Salazar:

Thank you for taking the time to discuss Atlantic salmon and the challenges that an expanded ESA listing brings to Maine. It is my belief that the best patch forward is through cooperation and collaboration to protect this majestic species. To pursue strong and effective recovery of this species, Maine must have the flexibility to incorporate state-based strategies that minimize negative impacts on the State of Maine while ensuring that Atlantic salmon prosper.

To recap and add to some of the issues we discussed briefly:

1.

The proposed rule states that the Distinct Population Segment (DPS) consists of both wild and conservation hatchery Atlantic salmon. However, the Services’ listing decision is counter to this existing policy; hatchery fish in the wild or in the federal hatcheries do not count towards recovery goals. This inconsistency must be addressed as these fish are one in the same and all fish should count towards recovery.
2.

An expanded DPS will overwhelm the Federal Services who are responsible for ESA permitting. The existing DPS is in a very rural area without the complex issues found in the large watersheds that have extensive urban and industrial influence. Adding Maine’s largest rivers in more developed watersheds to the DPS will bring with it significant transportation infrastructure, industrial and municipal wastewater, large-scale hydro, agriculture, and forestry challenges that have not been problems in the current DPS. Neither state nor federal permitting staff, at current levels, can handle the enormous workload this will bring. The result is to put into jeopardy the recovery of the species and put at risk Maine’s fragile economic health.
3.

The designation of critical habitat is concerning as it also includes issues that have not been dealt with in the current DPS (industrial water use, large hydro projects, municipal waste water for example, and critical habitat). As a result, there is considerable uncertainty regarding what may adversely modify a primary habitat element. This uncertainty translates into concerns about the potential for costly delays in permitting and unpredictable restrictions. As is the case with item 2, the federal and state agencies do not have the staff in place to write biological opinions that will be needed if adverse impacts are identified during the permitting of projects. Again, added delays impede recovery of the species and negatively impact the economy.
4.

The decision to include the Androscoggin River in the GOM DPS should be delayed due to current lack of information. The Services must use an approach in defining the northern and southern limits of the GOM DPS consistent with the Services’ method during the original designation of the DPS in 2000 when the Androscoggin, Kennebec and Penobscot were not included due to lack of scientific information.
5.

The joint jurisdiction of Atlantic salmon continues to be a concern as the dual-agency system results in delay that jeopardizes the species. We recommend that only one Agency have sole jurisdiction.

I was very interested in your examples of cooperative conservation. The Colorado River Endangered Fish Recovery Program and the Gray Wolf Recovery are examples where the Federal agencies are equal partners with the State. Our laws, regulations, and BMPs currently in place are very protective of Atlantic salmon, which is one of my major reasons for supporting Threatened Status for Atlantic salmon. It is this type of cooperative approach between State and Federal agencies that seems to be the reasons for the success in the Western United States you identified. It is my hope that in the coming months we will forge a similar approach between Maine and the Federal agencies.

The State of Maine has a long-standing and profound environmental ethic. It is my goal and that of my Administration to improve the ecosystem upon which the Atlantic salmon depend and improve the biotic and abiotic environment for all species. I look forward to continuing our discussions and finding a positive path forward for Atlantic salmon and a collaborative and equal partnership.

Sincerely,

John E. Baldacci
Governor, State of Maine
Cc: Secretary Locke, Department of Commerce
Senator Olympia Snowe
Senator Susan Collins
Congressman Mike Michaud
Congresswoman Chellie Pingree

Source: Maine Governor