Senators Snowe, Collins Express Concern with Possible Listing of River Herring

U.S. Senator Olympia Snowe, and Senator Susan Collins expressed concern with the possible listing of river herring, including alewife and blueback herring, under the Endangered Species Act (ESA).

NMFS is currently conducting a formal review of river herring population, and considering whether the species should be listed under the ESA. Public comments are due by January 3, 2012. However, Senators Snowe and Collins are requesting that the deadline be extended to provide affected stakeholders with additional opportunity to comment given the potential negative economic impact such a decision could have on Maine fishermen.

Dear Assistant Administrator Schwaab:

We are writing to express our concern with the potential listing of alewife and blueback herring, collectively known as river herring, as threatened under the Endangered Species Act (ESA) by the National Marine Fisheries Service (NMFS).

We understand that the NMFS was petitioned to list river herring as threatened under the ESA, and that in response NMFS "find[s] that… the petitioned action may be warranted." Such a finding would have a very costly, burdensome, and unnecessary effect on many entities in Maine, including the Maine lobstermen and fishermen who use river herring as bait, and any public or private entities that may "touch" water where river herring are present.

Maine programs are already producing results in river herring population and habitat recovery. The Maine Department of Marine Resources (DMR) currently has a sustainable river herring management plan in place that has proven effective in increasing river herring populations. This management plan, approved by the Atlantic States Marine Fisheries Commission, includes ongoing habitat restoration and improvement, fish passage construction, stocking, transfer programs, and catch limits. Maine is regarded as having the best model for managing river herring, as the populations are recovering at a stable rate. For example, in the Kennebec River alone, the river herring population has expanded to three million and continues to grow.

When considering the successes Maine has had in river herring recovery, we have serious concerns with a potential ESA listing for this precious fish resource. River herring are an effective source of bait for Maine fishermen who already adhere to river herring catch restrictions, as prescribed by the Maine DMR management plan. In addition, 18 river fish-runs are currently managed by the Maine DMR where river herring are sustainably harvested by commercial fishermen. A listing of river herring will eliminate these commercial fisheries that supply a very valuable bait source for commercial lobstermen and fishermen, and would mean certain economic hardship for an already struggling Maine fishing industry.

Given the economic impact that a listing would have, we respectfully ask that you extend the period for public comment to provide affected stakeholders with additional opportunity to comment. This is an appropriate precaution that will not affect the agency's ultimate determination, but will result in the agency's ability to consider a more comprehensive picture of the role river herring play in Maine's ecosystem and economy.

River herring are thriving in Maine and are assisting in keeping a vital industry alive. As you review the status of river herring, we ask that you carefully consider the successes of existing safeguards in states like Maine and assess the potential economic impact and regulatory burden that listing river herring may have in this region.