Sec. 202. Pilot program to protect native anadramous fish in Stanislaus River, Delta, and other Delta tributaries
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The Assistant Administrator for Fisheries of the National Marine Fisheries Service (referred to in this section as the Assistant Administrator ) and the Oakdale Irrigation District and South San Joaquin Irrigation District (referred to in this section as the participating districts ), in consultation with the United States Fish and Wildlife Service, the California Department of Fish and Wildlife, and other interested parties, shall jointly develop and implement a scientifically based pilot program to remove nonnative predator fish from the Stanislaus River not later than 180 days after the date of enactment of this Act.
In implementing the program, the following requirements shall apply: By agreement between the Assistant Administrator and the participating districts, the pilot program may be conducted by any combination of participating district personnel, qualified private contractors, and personnel of, on loan to, or otherwise assigned to the National Marine Fisheries Service. In the event the participating districts elect to conduct the program using the personnel or qualified private contractors of the participating districts, the Assistant Administrator may assign an employee of, on loan to, or otherwise assigned to the National Marine Fisheries Service to be present for all activities performed in the field.
The participating districts shall pay 100 percent of the cost of participation under clause (i), in accordance with paragraph (3). The participating districts and the Assistant Administrator shall reach agreement on the work plan for the subsequent calendar year on or before October 15 of each calendar year of the pilot program. The Assistant Administrator is authorized to receive and expend contributed funds for the purposes for which the funds are contributed in a like manner as if said sums had been specifically appropriated for said purposes.
The participating districts shall be responsible through contributed funds for 100 percent of the cost of the pilot program. Not later than December 1 of each year of the pilot program, the Assistant Administrator shall submit to the participating districts an estimate of the cost to be incurred by the National Marine Fisheries Service during the following calendar year, if any. On or before September 1 of each calendar year, the Assistant Administrator shall provide an accounting of the expenses of the prior calendar year to the participating districts.
If the estimate paid by the participating districts was less than the actual costs incurred by the National Marine Fisheries Service— the participating districts shall have until September 30 of that calendar year to pay the difference pursuant to subparagraph (A); or the National Marine Fisheries Service shall have no obligation to conduct any activities otherwise scheduled to be carried out under the pilot program under this subsection. If the estimate paid by the participating districts was greater than the actual costs incurred by the National Marine Fisheries Service, a credit shall be provided to the participating districts, which shall be deducted from the estimate payment the participating districts shall make for the work performed by the National Marine Fisheries Service, if any, during the following calendar year.
Not later than the 15th day of each month, the Assistant Administrator shall post on the website of the National Marine Fisheries Service a tabular summary of the raw data collected during the prior month. Not later than June 30 of the calendar year following the completion of the pilot program, the Assistant Administrator and the participating districts shall jointly submit for peer review a report that— describes any data, analyses, and findings relating to the pilot program; and makes recommendations for further study and action.
Not later than 180 days after the date on which an application to authorize the pilot program is filed, the Secretary of the Interior and Secretary of Commerce shall make a final determination on any permits required under section 10(a)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1539(a)(1) ) for the performance of the pilot program. The Secretary of the Interior, the Secretary of Commerce, and the participating districts shall comply with applicable requirements of State law with respect to the program under this subsection.
The authorities provided by this subsection shall expire on the date that is 7 years after the date on which the final applicable permit is issued under paragraph (5). Not later than January 1, 2017, the Secretary of the Interior, in collaboration with the Secretary of Commerce, the Director of the California Department of Fish and Wildlife, and other relevant agencies and interested parties, shall begin pilot projects to implement the invasive species control program authorized pursuant to section 103(d)(6)(A)(iv) of Public Law 108–361 (118 Stat. 1690).
The pilot projects shall— seek to reduce invasive aquatic vegetation, predators, and other competitors which contribute to the decline of native listed pelagic and anadromous species that occupy the Sacramento and San Joaquin Rivers and their tributaries and the Sacramento-San Joaquin Bay-Delta; and remove, reduce, or control the effects of species, including Asiatic clams, silversides, gobies, Brazilian water weed, largemouth bass, smallmouth bass, striped bass, crappie, bluegill, white and channel catfish, and brown bullheads.
The authorities provided under this subsection shall expire on the date that is 7 years after the date on which the Secretary of the Interior and Secretary of Commerce commence implementation of the pilot projects pursuant to paragraph (1). To expedite the environmentally beneficial programs for the conservation of threatened and endangered species, the Secretary of the Interior and Secretary of Commerce shall consult with the Council on Environmental Quality in accordance with section 1506.11 of title 40, Code of Federal Regulations (or successor regulations), to develop alternative arrangements to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for the programs.
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- Pub. L. 108-361
- 118 Stat. 1690
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Sec. 202
Pilot program to protect native anadramous fish in Stanislaus River, Delta, and other Delta tributaries
Pub. L.Pub. L. 108-361
Stat.118 Stat. 1690
Cites 4Cited by 0 across 0 sources