Sec. 205. Drought planning and preparedness for critically important fisheries
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In this section: The term critically important fishery means— a fishery located in a Reclamation State that is commercially, culturally, or recreationally important; a fishery located in a Reclamation State that contains fish species that are listed as threatened or endangered pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); and a fishery located in a Reclamation State that is used by 1 or more Indian Tribes in the Reclamation State for ceremonial subsistence or commercial purposes.
The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). 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 activities under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); and has the management and organizational capability to maximize the benefits of assistance provided under subsection (c).
The term Secretary means the Secretary, acting through the Director of the United States Fish and Wildlife Service. Not later than January 1, 2021, and every 3 years thereafter, the Secretary, in consultation with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, applicable State fish and wildlife agencies, and qualified Tribal Governments, shall prepare a plan to sustain the survival of critically important fisheries during future periods of extended drought through— voluntary, compensated actions by private landowners and water right holders; or other investments in drought preparedness made by the Secretary.
In preparing the plan under paragraph (1), the Secretary shall consider— habitat restoration efforts designed to provide drought refugia and increased fishery 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 Commissioner of Reclamation, State fish and wildlife agencies, qualified Tribal Governments, 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 periods of extended drought, if appropriate for a particular river basin; hatchery retrofit projects, such as the installation and operation of filtration equipment and chillers, to reduce disease outbreak, egg mortality, and other impacts of droughts in 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; programs to reduce predation losses at artificially created predation hot spots; habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts; and retrofitting existing water facilities to provide improved temperature conditions for fish.
Before finalizing a plan under subsection (b), the Secretary shall provide for a public comment period of not less than 90 days. There is authorized to be appropriated to the Secretary to carry out fish, stream, and hatchery activities relating to fish recovery efforts, including activities carried out in coordination with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, applicable State fish and wildlife agencies, or a qualified Tribal Government, $25,000,000 for fiscal year 2021.
Nothing in this section affects any obligation under any Federal environmental law.
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Sec. 205
Drought planning and preparedness for critically important fisheries
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