Sec. 203. Non-Federal program to protect native anadromous fish in Stanislaus River
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In this section, the term district means— the Oakdale Irrigation District of the State of California; and the South San Joaquin Irrigation District of the State of California. The Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service, and the districts, in consultation with the Director of the California Department of Fish and Wildlife, shall jointly establish and conduct a nonnative predator research and pilot fish removal program to study the effects of removing from the Stanislaus River— nonnative striped bass, smallmouth bass, largemouth bass, black bass; and other nonnative predator fish species.
The program under this section shall— be scientifically based, with research questions determined jointly by— National Marine Fisheries Service scientists; and technical experts of the districts; include methods to quantify by, among other things, evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at Caswell— the number and size of predator fish removed each year; and the impact of the removal on— the overall abundance of predator fish in the Stanislaus River; and the populations of juvenile anadromous fish in the Stanislaus River; among other methods, consider using wire fyke trapping, portable resistance board weirs, and boat electrofishing; and be implemented as quickly as practicable after the date of issuance of all necessary scientific research permits.
The management of the program shall be the joint responsibility of the Assistant Administrator and the districts, which shall— work collaboratively to ensure the performance of the program; and discuss and agree on, among other things— qualified scientists to lead the program; research questions; experimental design; changes in the structure, management, personnel, techniques, strategy, data collection and access, reporting, and conduct of the program; and the need for independent peer review.
For each applicable calendar year, the districts, on agreement of the Assistant Administrator, may elect to conduct the program under this section using— the personnel of the Assistant Administrator or districts; qualified private contractors hired by the districts; personnel of, on loan to, or otherwise assigned to the National Marine Fisheries Service; or a combination of the individuals described in subparagraphs
(A)through (C). If the districts elect to conduct the program using district personnel or qualified private contractors hired under subparagraph
(A)or
(B)of paragraph (1), 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 to ensure compliance with subsection (d). The districts shall pay the cost of participation by the employee under subparagraph (A), in accordance with subsection (f). The districts shall notify the Assistant Administrator of an election under paragraph
(1)by not later than October 15 of the calendar year preceding the calendar year for which the election applies. The districts shall be responsible for 100 percent of the cost of the program. The Secretary of Commerce may accept and use contributions of funds from the districts to carry out activities under the program. Not later than December 1 of each year of the program, the Secretary of Commerce shall submit to the districts an estimate of the cost to be incurred by the National Marine Fisheries Service for the program during the following calendar year, if any, including the cost of any data collection and posting under subsection (g). If an amount equal to the estimate of the Secretary of Commerce is not provided through contributions pursuant to paragraph
(2)before December 31 of that calendar year— the Secretary shall have no obligation to conduct the program activities otherwise scheduled for the following calendar year until the amount is contributed by the districts; and the districts may not conduct any aspect of the program until the amount is contributed by the districts. Not later than September 1 of each year, the Secretary of Commerce shall provide to the districts an accounting of the costs incurred by the Secretary for the program during the preceding calendar year. If the amount contributed by the districts pursuant to paragraph
(2)for a calendar year was greater than the costs incurred by the Secretary of Commerce during that year, the Secretary shall— apply the excess amounts to the cost of activities to be performed by the Secretary under the program, if any, during the following calendar year; or if no such activities are to be performed, repay the excess amounts to the districts. All data generated through the program, including by any private consultants, shall be routinely provided to the Assistant Administrator. Not later than the 15th day of each month of the program, the Assistant Administrator shall publish on the Internet website of the National Marine Fisheries Service a tabular summary of the raw data collected under the program during the preceding month. On completion of the program, the Assistant Administrator shall prepare a final report evaluating the effectiveness of the program, including recommendations for future research and removal work. The programs in this section and section 204 are found to be consistent with the requirements of the Central Valley Project Improvement Act ( Public Law 102–575 ; 106 Stat. 4706). No provision, plan, or definition under that Act, including section 3406(b)(1) of that Act ( Public Law 102–575 ; 106 Stat. 4714), shall be used— to prohibit the implementation of the programs in this section and section 204; or to prevent the accomplishment of the goals of the programs. 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.
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- Pub. L. 102-575
- 106 Stat. 4706
- 106 Stat. 4714
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Sec. 203
Non-Federal program to protect native anadromous fish in Stanislaus River
Pub. L.Pub. L. 102-575
Stat.106 Stat. 4706
Stat.106 Stat. 4714
Cites 3Cited by 0 across 0 sources