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31. [Image] Lower Klamath River instream flow study : scoping evaluation for the Yurok Indian Reservation
ABSTRACT The U.S. Fish and Wildlife Service, Lower Columbia River Fishery Resource Office was funded by Bureau of Indian Affairs to conduct an instream flow assessment for the lower Klamath River within ...Citation Citation
- Title:
- Lower Klamath River instream flow study : scoping evaluation for the Yurok Indian Reservation
- Author:
- Anglin, Donald R
- Year:
- 1994, 2007, 2006
ABSTRACT The U.S. Fish and Wildlife Service, Lower Columbia River Fishery Resource Office was funded by Bureau of Indian Affairs to conduct an instream flow assessment for the lower Klamath River within the Yurok Indian Reservation in northern California using the Instream Flow Incremental Methodology (IFIM). Specific study tasks consisted of developing an explicit statement of purpose, definition of the study area and target species, assembly and evaluation of hydrologic, water quality, and physical data as well as biological and fish habitat information. A reconnaissance survey of the proposed study area was also conducted. The purpose for conducting the proposed flow study was the Yurok Tribe's desire to protect the Klamath basin water supply for the production of anadromous fish. The ultimate goal was to protect, restore, and enhance the anadromous fishery resources on the Reservation and in the basin as a whole. The study area was defined as the lower Klamath River and tributaries from the confluence with the Trinity River downstream to the area of tidal influence. Although the mainstem Klamath only was proposed for flow studies, the tributaries were included in the study area as a result of their hydrologic and biological relevance. Target species were identified as chinook salmon {Oncorhynchus tshawytscha), coho salmon (0. kisutch), steelhead trout (0. mykiss) , green sturgeon {Acipenser medirostris) , eulachon (Thaleichthys pacificus) , and Pacific lamprey (Lampetra tridentata) . Assembly and evaluation of relevant information was accomplished from results of a public scoping meeting and the review of a large volume of both published and file reports as well as numerous personal communications. Hydrology of the lower Klamath River is affected by U.S. Bureau of Reclamation projects in both the upper Klamath and upper Trinity subbasins. Several hydroelectric projects in the upper Klamath subbasin affect flow patterns, and agricultural activities in the upper Klamath subbasin and tributaries and the Central Valley Project in the upper Trinity subbasin have reduced water yield from the basin. Water quality concerns were identified as elevated water temperatures and nutrient levels resulting from land use activities throughout the basin. Hydrologic and water quality impacts are partially mitigated in the lower Klamath by tributary inflow throughout the basin. The physical environment in the basin has been altered by land use practices and several major flood events. Alterations include loss of riparian vegetation and stream channel stability, loss of soil moisture storage capacity and infiltration potential, debris slides and logjams resulting in migration barriers, reduced supply of large woody debris for recruitment into the stream channel, and sedimentation of spawning and rearing habitat. Fish habitat in most lower Klamath tributaries has been surveyed and deficiencies as well as good quality habitat have been described. Significant production potential exists in most tributaries, however much restoration work needs to be completed to realize the potential. Habitat characteristics for the mainstem Klamath have not been described. Life history and production data are presented for target species and a brief review of sources for suitability criteria is presented. Harvest management and escapement for naturally spawning fall chinook salmon were reviewed from 1978 through 1993. Escapement has varied over the years but a general downward trend in naturally spawning fall chinook can be observed, particularly in recent years. Escapement goals for the Klamath basin varied from 115,000 in 1978 to an "emergency" floor of 27,000 in 1992. Actual escapement of naturally spawning adult fall chinook varied from a high of 113,000 in 1986 to a low of 11,600 in 1991. Escapement in 1978 totalled 58,500 and preliminary estimates of escapement in 1993 were 21,000 naturally spawning adults. Factors affecting production and subsequent stock size and escapement included variable ocean survival, degraded freshwater habitat conditions, the recent six-year drought, releases of large numbers of hatchery juveniles, and harvest management methodologies that have failed to adequately match harvest to predicted stock size. Differential harvest rates for Klamath and Trinity subbasin fall chinook have also complicated attempts to structure the harvest. Field reconnaisance surveys were conducted in spring and summer 1993 for the proposed mainstem Klamath study area. Two distinct river segments were identified based on macrohabitat characteristics. Microhabitat was classified within each river segment and mapped on USGS quadrangle maps. Cross section identification was postponed pending the decision to move forward with the flow study. Following the scoping tasks described above, conclusions and recommendations were developed. No information was reviewed that indicated the need for an instream flow study in the lower Klamath River. The two basic problems affecting anadromous fish production are degraded freshwater habitat and chronic underescapement. Coordination and planning for instream flow studies on a basin-wide scale was recommended. Biological data gaps were identified which need to be addressed before an instream flow study can be completed for the lower Klamath. Suitability criteria for habitat analysis also need to be identified. Habitat restoration and protection and proper management of anadromous fishery resources were identified as the highest priorities to begin restoration of anadromous stocks. Specific recommendations for habitat restoration included watershed and riparian zone restoration, barrier removal, instream habitat inventory, restoration, and monitoring, estuary studies, and description of streamflow characteristics for lower Klamath tributaries. Recommended fishery resource studies included collection of basic life history data, monitoring for adult escapement and juvenile production, description of estuary usage, effects of hatchery programs on both adult and juvenile wild fish, evaluation of the accelerated stocking program, and refinement of harvest management methodologies to achieve appropriate escapement of naturally spawning stocks into all subbasins.
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32. [Article] Aspects of the early life history of juvenile salmonids in the Dungeness River Estuary
The decline of many Pacific salmon stocks has stimulated interest in the early life history and habitat requirements of juvenile salmon. Although estuarine habitat associations of juvenile salmon have ...Citation Citation
- Title:
- Aspects of the early life history of juvenile salmonids in the Dungeness River Estuary
- Author:
- Sather, Nichole K.
The decline of many Pacific salmon stocks has stimulated interest in the early life history and habitat requirements of juvenile salmon. Although estuarine habitat associations of juvenile salmon have been investigated in many coastal areas of the eastern Pacific Ocean, until recently, little was known about juvenile salmonid ecology within the Straits of Juan de Fuca. During the Spring/Summer outmigration period in 2006 and 2007, I examined the early life history of the five species of anadromous salmon in the Dungeness River estuary on the north Olympic Peninsula, Washington. I sampled multiple spatial scales within several habitat types to characterize salmon distribution and habitat use. My results presented in this thesis are segregated into two components: 1) tidal marsh ecology of juvenile salmonids in the Dungeness River estuary, and 2) the landscape-scale distribution of juvenile salmonids within the Dungeness River estuary. I examined the population of juvenile salmonids within blind tidal sloughs near the vicinity of the Dungeness River delta. Salmonids were present within the tidal marshes throughout the entire outmigration period (e.g., March through July). Juvenile Chinook salmon (Oncorhynchus tshawytscha) were the most abundant salmonid species within the marshes. Based on the temporal distribution and size structure of juvenile Chinook salmon in the estuary I identified at least four life history types: 1) a fry strategy included a large pulse of fish emigrating from the river at a small size (e.g., 35-45mm FL) during late winter and early spring months; 2) the second group of fish was the least abundant group emigrating from the river from April through mid May at sizes ranging from 50-75mm FL; 3) the third group of migrants entered the estuary between from late spring through the summer months at larger sizes than the initial groups (e.g., 60-90mm FL); and 4) the final group of Chinook salmon included a stream-type yearling strategy. In addition to the four life history strategies identified for Chinook salmon, I detected at least three groups of chum salmon migrating into the estuary. These groups were distinguished by their size and timing of migration and are further described according to different rearing strategies. The distribution of juvenile salmonids was most strongly influenced by the degree of connectivity (i.e., distance) between the tidal marshes and the mouth of the Dungeness River. Habitat complexity and opportunity also governed the distribution of juvenile salmonids within the tidal marshes. I also sampled three regions of the estuary with a beach seine to investigate the nearshore distribution of juvenile salmonids within the Dungeness River estuary: the delta face, inner Bay, and outer Bay. Among the three regions, species composition was highly variable between 2006 and 2007. The most common salmonids encountered within the beach seine sites included Chinook salmon, chum salmon (O. kisutch), and pink salmon (O. gorbuscha). The relative abundance of salmonids was highest near the delta face and lowest within the outer bay area. The landscape-scale distribution and habitat use of juvenile salmonids within the Dungeness River estuary is largely influenced by ecosystem connectivity, but is also linked to biotic characteristics of the fish (e.g., life history type and fish size). Although the Dungeness includes hydrogeomorphic characteristics (e.g., steep river gradient, composition of sand spits in the estuary) unique to other Pacific Northwest watersheds, this system produces a variety of life history types comparable to other estuaries. Understanding the mechanisms that drive the distribution of juvenile salmonids within the Dungeness will supply local resource managers with a baseline with which to establish ecosystem restoration goals.
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EXECUTIVE SUMMARY Section 7 of the Endangered Species Act (Act) [16 U.S.C. 1531 etseq.] outlines the procedures for Federal interagency cooperation to conserve Federally listed species and designated critical ...
Citation Citation
- Title:
- Endangered species consultation handbook : procedures for conducting consultation and conference activities under Section 7 of the Endangered Species Act
- Author:
- U.S. Fish and Wildlife Service
- Year:
- 1998, 2005
EXECUTIVE SUMMARY Section 7 of the Endangered Species Act (Act) [16 U.S.C. 1531 etseq.] outlines the procedures for Federal interagency cooperation to conserve Federally listed species and designated critical habitats. Proactive Conservation Efforts by Federal Agencies Section 7(a)(l) directs the Secretary (Secretary of the Interior/Secretary of Commerce) to review other programs administered by them and utilize such programs to further the purposes of the Act. It also directs all other Federal agencies to utilize their authorities in furtherance of the purposes of the Act by carrying out programs for the conservation of species listed pursuant to the Act. This section of the Act makes it clear that all Federal agencies should participate in the conservation and recovery of listed threatened and endangered species. Under this provision, Federal agencies often enter into partnerships and Memoranda of Understanding with the Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS) for implementing and funding conservation agreements, management plans, and recovery plans developed for listed species. Biologists for the Services should encourage the development of these types of partnerships and planning efforts to develop pro-active approaches to listed species management. Avoiding Adverse Effects of Federal Actions Section 7(a)(2) states that each Federal agency shall, in consultation with the Secretary, insure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. In fulfilling these requirements, each agency must use the best scientific and commercial data available. This section of the Act defines the consultation process, which is further developed in regulations promulgated at 50 CFR ?402. The Handbook This handbook was primarily developed to aid FWS and NMFS biologists implementing the section 7 consultation process. The purpose of the handbook is to provide information and guidance on the various consultation processes outlined in the regulations. Additionally, the handbook will ensure consistent implementation of consultation procedures by those biologists responsible for carrying out section 7 activities. Chapters of the handbook deal with major consultation processes, including Informal, Formal, Emergency, and Special Consultations; and Conferences. Standardized language is provided for incorporation into Biological Opinion documents to achieve consistency and to ensure that all consultation documents are complete from a regulatory standpoint. Background information and example documents are provided in Appendices. Although primarily targeted towards employees of the Services, other groups participating in the consultation process, including other Federal agencies; State, local, and tribal governments; and private individuals, consultants, and industry groups should find the handbook helpful in explaining section 7 processes and providing examples of various types of consultations. This handbook will be updated periodically as new regulations and policies are developed affecting implementation of the section 7 regulations, or as new consultation or assessment techniques evolve, and as additional examples or graphics become available. The Washington Offices of the Services have the lead for preparation of the handbook. Regional offices are encouraged to develop example documents appropriate for their geographical area and individual situations, and to coordinate with other Federal and State agencies in distributing these documents. Consultation Framework Use of Sound Science An overriding factor in carrying out consultations should always be the use of the best available scientific and commercial data to make findings regarding the status of a listed species, the effects of a proposed action on the species or critical habitat, and the determination of jeopardy/no jeopardy to listed species or destruction or adverse modification/no destruction or adverse modification to designated critical habitats. The Services have jointly published a policy on Information Standards Under the Endangered Species Act [59 FR 34271 (July 1, 1994)]. This policy calls for review of all scientific and other information used by the Services to prepare biological opinions, incidental take statements, and biological assessments, to ensure that any information used by the Services to implement the Act is reliable, credible, and represents the best scientific and commercial data available. Flexibility and Innovation The section 7 process achieves greatest flexibility when coordination between all involved agencies and non-Federal representatives, and the Services, begins early. Often, proposed actions can be modified so there is no need for formal consultation. The Services should ensure that all information needed to make an informed decision is made available. It is particularly critical when formal consultation begins that all parties are fully involved in providing information and discussing project options. Although it is the responsibility of the Services to make the determination of jeopardy or destruction/adverse modification in the biological opinion, action agencies and applicants should be fully informed and involved in the development of Reasonable and Prudent Alternatives, Reasonable and Prudent Measures, and Terms and Conditions to minimize the impacts of incidental take. Biologists should be creative in problem solving and look for ways to conserve listed species while still accommodating project goals. Coordination The Services have a policy to ensure coordination with State Agencies for gathering information in implementing the consultation program. [59 FR 34274-34275 (July 1, 1994)] The Services have a joint policy on coordination with tribal governments. Secretarial Order #32306 (June 5, 1997) entitled "American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act" recognizes that the consultation process should include input from affected tribal governments. State and tribal government biologists often have information available that is pertinent to the description of the action area or to the species of interest in the consultation. Shortening Timeframes Recently, the Services have been implementing measures to streamline consultation processes. Examples include projects reviewed under the Northwest Forest Plan and nationwide Timber Salvage Program. These procedures have been able to effectively shorten consultation timeframes without giving up any protection for listed species/designated critical habitats or the use and review of the best available information. This has been achieved through enhanced interagency coordination, development of guidelines for implementation of a larger program (i.e. timber salvage) which can tier to an individual project (timber sale), and by providing consultation simultaneously with project analysis under the National Environmental Policy Act (NEPA). Biologists for the Services are encouraged to review examples of these streamlined consultations and to look for ways to incorporate streamlining techniques into other consultation procedures.
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Executive Summary The jawless lampreys are remnants of the oldest vertebrates in the world. Oregon has somewhere between eight and a dozen species of these primitive fishes. Their taxonomy is obscure ...
Citation Citation
- Title:
- Oregon lampreys : natural history, status, and analysis of management issues
- Author:
- Kostow, Kathryn
- Year:
- 2002, 2008, 2005
Executive Summary The jawless lampreys are remnants of the oldest vertebrates in the world. Oregon has somewhere between eight and a dozen species of these primitive fishes. Their taxonomy is obscure because different species tend to look very similar through most of their life cycle, and they have not been well-studied in Oregon. Lampreys occur in the Columbia Basin, including the lower Snake River, along the Oregon coast, in the upper Klamath Basin, and in Goose Lake Basin in southeastern Oregon. They all begin life in fresh water where juveniles burrow into silt and filter feed on algae. As some species approach adulthood they migrate to the ocean or to lakes where they briefly become ecto-parasites, feeding on other live fishes by attaching to them with sucker disc mouths. Other species remain non-parasitic. In addition to some enigmatic species identities, we generally have very little information about the detailed distributions, life histories and basic biology of lampreys. Lampreys became a conservation concern in the early 1990s when tribal co-managers and some Oregon Department of Fish and Wildlife (ODFW) staff noted that populations of Pacific Lampreys, Lampetra tridentata, were apparently declining to perilously low numbers. Pacific Lampreys were listed as an Oregon State sensitive species in 1993 and were given further legal protected status by the state in 1997 (OAR 635-044-0130). Lamprey status is difficult to assess for several reasons: 1) Most observations of lampreys in fresh water are of juveniles and it is difficult to tell the various species apart, even to the extent that the various species are currently clearly designated; 2) Data on lamprey is only collected incidental to monitoring of salmonids. The design and efficiency of the data collection effort is not always adequate for lampreys; and 3) We have very few historic data sets for lampreys. Therefore we often cannot determine how the abundances and distributions we see now compare with those in the past. The limited data that we have suggests that lampreys have declined through many parts of their ranges. The most precipitous declines appear to be in the upper Columbia and Snake basins where we have some historic data from mainstem dam counts. Pacific Lampreys have declined to only about 200 adults annually passing the Snake River dams. We also have evidence of declines of Pacific Lampreys in the lower Columbia and on the Oregon coast, although our data is quite limited. We have little to no information about any of the other species of lampreys. We are not even sure whether some of the recognized species, like the River Lamprey (L. ayresi), is still present in Oregon. This paper concludes with a Problem Analysis for Oregon lampreys. Our biggest problem is poor information, ranging from not knowing basic species identity to having inefficient or no systematic monitoring of lamprey abundance and distribution. ODFW continued an annual harvest on Pacific Lamprey in the Willamette Basin in 2001, but we lack the necessary information to assess the affects of the harvest on the population. Major habitat problems that affect lampreys include upstream passage over artificial barriers, a need for lamprey-friendly screening of water diversions, and urban and agricultural development of low-gradient flood plain habitats.
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35. [Image] The Endangered Species Act : a primer
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36. [Image] Endangered species: difficult choices
IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years ...Citation Citation
- Title:
- Endangered species: difficult choices
- Author:
- Buck, Eugene H; Corn, M. Lynne (Mary Lynne), 1946-; Baldwin, Pamela
- Year:
- 2004, 2008, 2005
IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have included changing the role of science in decision-making, changing the role of critical habitat, reducing conflicts with Department of Defense activities, incorporating further protection for property owners, and increasing protection of listed species, among others. In addition, many have advocated including significant changes to ESA regulations made during the Clinton Administration in the law itself. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are listed as "endangered" or "threatened" according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of resource scarcity: the most common cause of listing species is habitat loss. Recent efforts in the House would modify ESA provisions that designate critical habitat, and that provide for scientific peer review. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to imple- ment the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills (H.R. 1662 and H.R. 2933) have been reported that would, respectively, address issues concerning scientific peer review and critical habitat. These bills may be brought to the House floor in September. Earlier, P.L. 108-108 (Interior appropriations) provided $265 million for FY2004 for programs related to endangered species. P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor. The act also established an executive committee to oversee the Collaborative Program associated with this situation. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands including those containing listed species habitat; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide assurances to landowners whose enrollment in the healthy forests reserve program results in new conservation benefits for ESA-listed species.
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37. [Image] Evaluation of instream fish habitat restoration structures in Klamath River tributaries, 1988/1989
Annual Report For Interagency Agreement 14-16-0001-89508 EVALUATION OF INSTREAM FISH HABITAT RESTORATION STRUCTURES IN KLAMATH RIVER TRIBUTARIES 1988/1989 by A.D.Olson and J.R. West USDA-Forest Service, ...Citation Citation
- Title:
- Evaluation of instream fish habitat restoration structures in Klamath River tributaries, 1988/1989
- Author:
- Olson, A. D.
- Year:
- 1989, 2008, 2006
Annual Report For Interagency Agreement 14-16-0001-89508 EVALUATION OF INSTREAM FISH HABITAT RESTORATION STRUCTURES IN KLAMATH RIVER TRIBUTARIES 1988/1989 by A.D.Olson and J.R. West USDA-Forest Service, Klamath National Forest 1312 Fairlane Road, Yreka, CA 96097 ABSTRACT Ten instream fish habitat techniques were evaluated to determine which most effectively restored salmonid spawning and/or rearing conditions. Structure stability was estimated based on how intact each structure remained (by percent) and its age, we then projected useful life for each structure type. Cost in 1989 dollars was used to determine cost per unit habitat area provided. Observed use by spawners was used to estimate total number of redds per structure (over its life). Cost of providing spawning habitat (cost per redd) was calculated by dividing estimated total redds by structure cost. Habitats resulting from instream structures were classified using the modified Bisson method and we determined the influence zone of each structure using physical variables to define habitat area. Structures were biologically sampled using direct underwater observation techniques described by Hankin and Reeves1 (1989). Two person dive teams used a "two-pass" method to enumerate and classify salmonids by species and age-class (0+, 1+ or older juveniles, and adults), noting the presence of other species. Fish use of structure affected habitat (post-modification) was compared to use of habitats like those present prior to structure placement (pre-modification). Comparison of "pre-modification" and "post-modification" fish standing crops resulted in a "net fish difference" which was divided by structure cost, yielding "cost per fish reared11. Boulder weirs, the most expensive structures investigated, did not affect enough surface area to make cost per unit of affected habitat reasonable. Cabled cover logs and digger logs (lowest cost structures) were very cost effective at altering physical habitat condition. We believe cost of physically modifying habitat area is only one factor that is important enough to effect success or failure of a large scale habitat restoration program. Assuming all other factors are of equal weight, lowest cost structures can provide the "best value". Modification prescribed to restore stable spawning habitat needs close scrutiny. We believe it is essential to know how the existing habitat is used by spawners by conducting spawning area use surveys which identify redd location and quantify habitat available during each spawning period. Boulder deflectors were best utilized by Chinook salmon spawners, however chinook spawner use of "traditional" structures (weirs backfilled with gravel) was disappointing. Backfilling of instream structures with suitable gravel is a practice that should be discontinued. Steelhead spawner use of structures which result in "pocket water" type spawning areas were heavily used. This habitat configuration proved most desirable when woody object cover was readily available to the spawners. The highest steelhead spawner use was associated with boulder groups with wood and boulder/rootwad groups. We found rearing structures which provided high habitat and cover diversity received the best response from juvenile fish. We observed fish use over one summer and saw dramatic unpredictable use changes even through this short time period. Fish rearing needs during other seasons may differ substantially from summer needs, therefore, suitability of modified habitat probably also changes. Digger logs, one of the least costly and simplest structures, provided the best increase in fish standing crop (fish/m2) for the lowest cost. We believe digger logs were well used by rearing fish because they are one of the most natural restoration structures investigated. Other structures which were well used (small weirs, deflectors, and boulder groups with attached wood) also seem to closely duplicate naturally productive habitats. Higher velocity habitat types associated with boulder groups with wood, boulder rootwad groups, and boulder deflectors were selected by juvenile steelhead and chinook salmon. Providing overhead cover, especially if it extends into the water where it may also be used as object cover, seemed most valuable for juvenile steelhead and salmon if it was placed in a habitat type which would normally receive high fish use. Placement of object cover in slow velocity areas (pool and glide edges) had questionable value for summer rearing habitat restoration, however we do not know what value these structures may have during colder water high flow periods when fish seek slow velocity, densely-covered habitats. We defined the most cost effective method as one meeting restoration objectives, providing the greatest increase in fish use (per surface area or volume), over the longest time period, for the lowest cost. We rank structures evaluated in this study (from most cost-effective to least cost effective) as follows: Digger Logs, Boulder deflectors, Small Boulder Weirs, Boulder Groups with Woody Cover, Free Boulder Weirs, Large Boulder Weirs, Boulder Groups, Boulder/Rootwad Groups, Boulder/Rootwad Deflectors, Small Boulder Weirs, and Cabled Cover Logs.
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38. [Image] The Endangered Species Act (ESA) in the 109th Congress conflicting values and difficult choices
IB10144 04-22-05 The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices SUMMARY The 109th Congress is likely to consider various proposals to amend the ...Citation Citation
- Title:
- The Endangered Species Act (ESA) in the 109th Congress conflicting values and difficult choices
- Author:
- Buck, Eugene H
- Year:
- 2006, 2008, 2005
IB10144 04-22-05 The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices SUMMARY The 109th Congress is likely to consider various proposals to amend the Endangered Species Act of 1973 (ESA; P.L. 93-205; 16 U.S.C. ??1531-1543 ). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat procedures, reducing conflicts with Department of Defense activities, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline: the most common cause of listing species is habitat loss. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to implement the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills were reported by the House Committee on Resources, but not enacted, that would have amended the ESA to modify scientific peer review and critical habitat procedures. Interior appropriations measures funded Fish and Wildlife Service programs related to endangered species (P.L. 108-108 provided $265 million for FY2004; P.L. 108-447 provided $262 million for FY2005). P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor; this prohibition appears to have been made permanent by ?205 of Div. C of P.L. 108-447. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands, including those containing habitat for listed species; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide property rights assurances to landowners enrolled in the healthy forests reserve program. Congressional Research Service ? The Library of Congress CRS
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40. [Image] Federal Register - Policy for Evaluation of Conservation Efforts When Making Listing Decisions
We, the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (the Services), announce a final policy for the evaluation of conservation efforts when making listing decisions ...Citation Citation
- Title:
- Federal Register - Policy for Evaluation of Conservation Efforts When Making Listing Decisions
- Year:
- 2003, 2008, 2005
We, the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (the Services), announce a final policy for the evaluation of conservation efforts when making listing decisions (PECE) under the Endangered Species Act of 1973, as amended (Act). While the Act requires us to take into account all conservation efforts being made to protect a species, the policy identifies criteria we will use in determining whether formalized conservation efforts that have yet to be implemented or to show effectiveness contribute to making listing a species as threatened or endangered unnecessary. The policy applies to conservation efforts identified in conservation agreements, conservation plans, management plans, or similar documents developed by Federal agencies, State and local governments, Tribal governments, businesses, organizations, and individuals