Sec. 1023. Non-Federal program to protect native anadromous fish in the Stanislaus River
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The Secretary and the districts, in consultation with the Director, shall jointly develop and conduct a nonnative predator fish removal program to remove nonnative striped bass, smallmouth bass, largemouth bass, black bass, and other nonnative predator fish species from the Stanislaus River. The program shall— be scientifically based; include methods to quantify the number and size of predator fish removed each year, the impact of such removal on the overall abundance of predator fish, and the impact of such removal on the populations of juvenile anadromous fish found in the Stanislaus River by, among other things, evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at Caswell; among other methods, use wire fyke trapping, portable resistance board weirs, and boat electrofishing; and be implemented as quickly as possible following the issuance of all necessary scientific research.
The management of the program shall be the joint responsibility of the Secretary and the districts. Such parties shall work collaboratively to ensure the performance of the program, and shall discuss and agree upon, among other things, changes in the structure, management, personnel, techniques, strategy, data collection, reporting, and conduct of the program. By agreement between the Secretary and the districts, the program may be conducted by their own personnel, qualified private contractors hired by the districts, personnel of, on loan to, or otherwise assigned to the National Marine Fisheries Service, or a combination thereof.
If the districts elect to conduct the program using their own personnel or qualified private contractors hired by them in accordance with paragraph (1), the Secretary 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. Such presence shall ensure compliance with the agreed-upon elements specified in subsection (b). The districts shall pay the cost of such participation in accordance with subsection (d).
The districts shall notify the Secretary of their election on or before October 15 of each calendar year of the program. Such an election shall apply to the work performed in the subsequent calendar year. The districts shall be responsible for 100 percent of the cost of the program. The Secretary may accept and use contributions of funds from the districts to carry out activities under the program. On or before December 1 of each year of the program, the Secretary shall submit to the districts an estimate of the cost to be incurred by the National Marine Fisheries Service for the program in the following calendar year, if any, including the cost of any data collection and posting under subsection (e).
If an amount equal to the estimate is not provided through contributions pursuant to paragraph
(2)before December 31 of that year— the Secretary shall have no obligation to conduct the program activities otherwise scheduled for such following calendar year until such amount is contributed by the districts; and the districts may not conduct any aspect of the program until such amount is contributed by the districts. On or before September 1 of each year, the Secretary shall provide to the districts an accounting of the costs incurred by the Secretary for the program in the preceding calendar year. If the amount contributed by the districts pursuant to paragraph
(2)for that year was greater than the costs incurred by the Secretary, the Secretary shall— apply the excess contributions to costs of activities to be performed by the Secretary under the program, if any, in the next calendar year; or if no such activities are to be performed, repay the excess contribution to the districts. On or before the 15th day of each month, the Secretary shall post on the Internet website of the National Marine Fisheries Service a tabular summary of the raw data collected under the program in the preceding month. The program is hereby found to be consistent with the requirements of the Central Valley Project Improvement Act ( Public Law 102–575 ). No provision, plan or definition established or required by the Central Valley Project Improvement Act ( Public Law 102–575 ) shall be used to prohibit the imposition of the program, or to prevent the accomplishment of its goals. For purposes of the application of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575 ) with respect to the program, striped bass shall not be treated as anadromous fish. For the purposes of this section, the term districts means the Oakdale Irrigation District and the South San Joaquin Irrigation District, California.
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- Pub. L. 102-575
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Sec. 1023
Non-Federal program to protect native anadromous fish in the Stanislaus River
Pub. L.Pub. L. 102-575
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