Sec. 81235. Drought planning and preparedness for critically important fisheries
542 words·~2 min read·
/bill/116/hr/2/eh/section-81235A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term critically important fisheries means— commercially and recreationally important fisheries located within the Reclamation States; fisheries containing fish species that are listed as threatened or endangered pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) within the Reclamation States; or fisheries used by Indian Tribes within the Reclamation States for ceremonial, subsistence, or commercial purposes. The term qualified Tribal Government means any government of an Indian Tribe that the Secretary determines— is involved in fishery management and recovery activities including under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); or has the management and organizational capability to maximize the benefits of assistance provided under this section.
Not later than January 1, 2021 and every three years thereafter, the Secretary, acting through the Director of the United States Fish and Wildlife Service shall, in consultation with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, State fish and wildlife agencies, and affected Indian Tribes, prepare a plan to sustain the survival of critically important fisheries within the Reclamation States during future periods of extended drought.
The plan shall focus on actions that can aid the survival of critically important fisheries during the driest years. In preparing such plan, the Director shall consider— habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts; relocating the release location and timing of hatchery fish to avoid predation and temperature impacts; barging of hatchery release fish to improve survival and reduce straying; coordination with water users, the Bureau of Reclamation, State fish and wildlife agencies, and interested public water agencies regarding voluntary water transfers, including through groundwater substitution activities, to determine if water releases can be collaboratively managed in a way that provides additional benefits for critically important fisheries without negatively impacting wildlife habitat; hatchery management modifications, such as expanding hatchery production of fish during the driest years, if appropriate for a particular river basin; hatchery retrofit projects, such as the installation and operation of filtration equipment and chillers, to reduce disease outbreaks, egg mortality and other impacts of droughts and high water temperatures; increasing rescue operations of upstream migrating fish; improving temperature modeling and related forecasted information to predict water management impacts to the habitat of critically important fisheries with a higher degree of accuracy than current models; testing the potential for parentage-based tagging and other genetic testing technologies to improve the management of hatcheries; programs to reduce predation losses at artificially created predation hot spots; and retrofitting existing water facilities to provide improved temperature conditions for fish.
The Director of the United States Fish and Wildlife Service shall provide for a public comment period of not less than 90 days before finalizing a plan under subsection (a). There is authorized to be appropriated $25,000,000 for the United States Fish and Wildlife Service for fiscal year 2021 for fish, stream, and hatchery activities related to fish recovery efforts, including work with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, State fish and wildlife agencies, or a qualified Tribal Government.
Nothing in this section is intended to expand, diminish, or affect any obligation under Federal or State environmental law.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 81235
Drought planning and preparedness for critically important fisheries
Cites 1Cited by 0 across 0 sources