`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`January 5, 2024
`
`
`
`
`Kimberly D. Bose, Secretary
`Federal Energy Regulatory Commission
`888 First Street, NE
`Washington, DC 20426
`
`RE: 2023 Penobscot River Incidental Take Annual Report
`
`Dear Secretary Bose:
`
`On behalf of the licensees for the Projects listed below, Black Bear Hydro Partners, LLC (Black
`Bear) is filing the attached annual report, which was submitted to the National Marine Fisheries
`Service (NMFS) on January 5, 2024 pursuant to its August 31, 2012 Biological Opinion issued
`under section 7(a)(2) of the Endangered Species Act for these Projects:
`
`
`• Milford Project (FERC No. 2534), licensed to Black Bear
`• West Enfield Project (FERC No. 2600), licensed to Bangor-Pacific Hydro Associates
`• Medway Project (FERC No. 2666), licensed to Black Bear
`• Orono Project (FERC No. 2710), licensed to Black Bear; Black Bear SO, LLC; and Black
`Bear Development Holdings, LLC
`• Stillwater Project (FERC No. 2712), licensed to Black Bear, LLC; Black Bear SO, LLC; and
`Black Bear Development Holdings, LLC
`
`
`The Commission’s March 27, 2014 “Order Modifying and Approving Revised Species Protection Plan
`and Revised Atlantic Salmon Passage Study Plan” stated (in paragraph 31) that the Commission
`would continue to accept reports related to NMFS’s Biological Opinion for these Projects, specifically
`in regards to Reasonable and Prudent Measure #4 for incidental take. As further required by the
`Commission’s March 27, 2014 Order, an annual report on the studies performed pursuant to the
`Species Protection Plan and Atlantic Salmon Passage Study Plan for these Projects will be submitted
`to the Commission by March 30, 2024.
`
`Please do not hesitate to contact me by e-mail at kevin.bernier@brookfieldrenewable.com or by
`phone at (207) 951-5006 if you have any questions.
`
`Sincerely,
`
`
`Kevin Bernier
`Senior Compliance Specialist
`
`Attachment
`
`CC: R. Dorman, R. Dill, D. Bates, C. Goodhart, S. Michaud, B. Brochu, S. Farrington, S. Hill,
`R. Smith, D. Heidrich; Black Bear
`J. Murphy, D. Tierney; NMFS
`
`
`
`Black Bear Files: Black Bear/Licensing & Compliance/2534/1; 2600/1; 2666/1; 2710/1; 2712/1
`
`
`
`
`BLACK BEAR HYDRO PARTNERS LLC
`1 Bridge Street, Milford, ME 04461
` T + 1 207.827.2247 F +1 207.827.4102 brookfieldrenewableUS.com
`
`
`
`

`

`
`
`
`
`
`
`
`January 5, 2024
`
`Section 7 Coordinator
`NMFS Protected Resources Division
`55 Great Republic Drive
`Gloucester, MA 01930
`
`Re: Penobscot River Hydro Projects; 2023 Incidental Take Annual Report
`
`Section 7 Coordinator:
`
`On behalf of the owners and licensees1 for the Stillwater, Orono, Milford, West Enfield, and
`Medway Hydroelectric Projects (respectively, FERC Project Nos. 2712, 2710, 2534, 2600 and
`2666) located on the Penobscot River in Maine, Black Bear Hydro Partners, LLC (Black Bear)
`submits this annual report in fulfillment of Terms and Conditions #4b of the Incidental Take
`Statement (ITS) and Biological Opinion (BiOp) issued by the National Marine Fisheries Service
`(NMFS) on August 31, 2012 for these Projects (see excerpt below):
`
`4. To implement reasonable and prudent measure #4, the FERC must require that Black
`Bear do the following:
`
`b. Submit annual reports at the end of each calendar year summarizing the results of
`proposed action and any takes of listed sturgeon or Atlantic salmon to NMFS by mail (to
`the attention of Section 7 Coordinator, NMFS Protected Resources Division, 55 Great
`Republic Drive, Gloucester, MA 01930) and to incidental.take@noaa.gov.
`
`
`Shortnose sturgeon
`
`There were no shortnose sturgeon observed at either the Milford or Orono Project fish lifts in 2023.
`
`Atlantic sturgeon
`
`There were no Atlantic sturgeon observed at either the Milford or Orono Project fish lifts in 2023.
`
`Atlantic salmon smolt studies
`
`In consultation with the resource agencies, including NMFS, the licensees did not conduct
`Atlantic salmon smolt downstream passage studies at any of the referenced Penobscot River
`Projects in 2023.
`
`
`
`
`1 Black Bear Hydro Partners, LLC (Black Bear), licensee for the Milford Project; Bangor-Pacific Hydro
`Associates, licensee for the West Enfield Project; Black Bear SO, LLC and Black Bear Development
`Holdings, LLC, who, along with Black Bear, are the licensees for the Stillwater and Orono Projects.
`
`BLACK BEAR HYDRO PARTNERS LLC
`1024 Central Street, Millinocket, ME 04462
`T +1 207.723.4341 F +1 207.723.4597 brookfieldrenewableUS.com
`
`
`
`

`

`
`
`
`
`
`
`
`
`Atlantic salmon adult studies
`
`In consultation with the resource agencies, including NMFS, the licensees did not conduct adult
`Atlantic salmon upstream or downstream passage studies at any of the referenced Penobscot
`River Projects in 2023.
`
`Atlantic salmon stranding
`
`Milford:
`On Monday, August 7th while fish passage and operations staff were installing the Milford
`upstream eel ramp located atop the ledge outcrop at the center of the dam, a grilse-sized
`Atlantic salmon was observed in the pool at the top the ledges. This salmon likely ascended the
`ledges as a result of leakage flow occurring through hinged flash boards in that immediate area,
`as well as leakage flow through the stop log weir where the eel ramp is installed. Up until the
`time of the observation, there was ample flow for the salmon to pass back downstream;
`however, because the leakage flow needed to be stopped to install and operate the eel ramp,
`the salmon could have then become trapped during the eel ramp installation. Fish passage
`staff captured the grilse with a large hooped, long-handled net and immediately released it
`unharmed to the headpond.
`
`West Enfield:
`While dewatering the West Enfield upstream fishway on Monday, November 13th, an adult multi-
`sea winter sized salmon was observed trapped in the fishway pool immediately upstream of the
`crowder facility. Staff removed the salmon and released it into the West Enfield headpond
`unharmed.
`
`There were no Atlantic salmon observed stranded at the Orono, Stillwater or Medway Projects
`in 2023.
`
`Atlantic salmon mortalities
`
`There was one Atlantic salmon mortality reported as incidental take in 2023.
`
`At Milford, an adult Atlantic salmon was recovered from the exit flume of the fish lift facility on
`Sunday, June 18th. The 71cm long (fork length) multi-sea winter salmon was raked off the
`punch plate located at the downstream end of the exit flume. The fish had been dead at least a
`few days based on the stage of decomposition. Some scale loss was noted on both sides of the
`fish; however, because of the condition of the fish, it could not be determined if this occurred pre
`or postmortem. The primary fish lift and sorting facility were both operating normally at the time.
`
`The salmon was bagged, labeled, and stored in the Maine Department of Marine Resources
`freezer located in the sorting facility at the Milford Project.
`
`
`
`
`
`BLACK BEAR HYDRO PARTNERS LLC
`1024 Central Street, Millinocket, ME 04462
`T +1 207.723.4341 F +1 207.723.4597 brookfieldrenewableUS.com
`
`
`
`

`

`
`
`
`
`
`
`
`
`Please feel free to contact Richard Dill at (207) 951-2438 should you have any questions on this
`annual report, which is intended to satisfy item 4(b) of section 10.3 (Terms and Conditions) of
`the ITS and BiOp issued by NMFS for the referenced Projects on August 31, 2012.
`
`Sincerely,
`
`
`Kevin Bernier
`Senior Compliance Specialist
`
`CC: R. Dorman, R. Dill, C. Goodhart, B. Brochu, D. Bates, L. Macomber, S. Michaud,
`S. Farrington; Black Bear
`J. Murphy, D. Tierney, incidental.take@noaa.gov; NMFS
`
`
`
`Black Bear Files: Black Bear/Licensing & Compliance/2534/1; 2600/1; 2666/1; 2710/1; 2712/1
`
`
`
`
`
`BLACK BEAR HYDRO PARTNERS LLC
`1024 Central Street, Millinocket, ME 04462
`T +1 207.723.4341 F +1 207.723.4597 brookfieldrenewableUS.com
`
`
`
`