Sec. 1012. Revise incidental take level calculation for delta smelt to reflect new science
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/bill/114/s/2012/eah/section-1012·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than October 1, 2016, and at least every five years thereafter, the Director, in cooperation with other Federal, State, and local agencies, shall use the best scientific and commercial data available to complete a review and, modify the method used to calculate the incidental take levels for adult and larval/juvenile Delta smelt in the smelt biological opinion that takes into account all life stages, among other considerations— salvage information collected since at least 1993; updated or more recently developed statistical models; updated scientific and commercial data; and the most recent information regarding the environmental factors affecting Delta smelt salvage.
Unless the Director determines in writing that one or more of the requirements described in paragraphs
(1)through
(4)are not appropriate, the modified incidental take level described in subsection
(a)shall— be normalized for the abundance of prespawning adult Delta smelt using the Fall Midwater Trawl Index or other index; be based on a simulation of the salvage that would have occurred from 1993 through 2012 if OMR flow has been consistent with the smelt biological opinions; base the simulation on a correlation between annual salvage rates and historic water clarity and OMR flow during the adult salvage period; and set the incidental take level as the 80 percent upper prediction interval derived from simulated salvage rates since at least 1993.