Common use of Program Modifications Clause in Contracts

Program Modifications. 8.6.1 Hatchery program modifications shall make efficient use of existing facilities owned by the District or cooperating entities including adult collection, acclimation and hatchery facilities, provided that existing facility use is compatible with and does not compromise ongoing programs. The District in consultation with the Hatchery Committee shall make reasonable efforts to implement program modifications when needed to achieve overall and specific program objectives. Program modifications may include changes to facilities, release methods, and rearing strategies necessary to achieve NNI as determined by the monitoring and evaluation program. Program modifications will be made following unanimous agreement of the Hatchery Committee, as set forth in sub- Section 8.2.4 (Voting), to achieve specific program objectives as outlined in Section 8 (Hatchery Compensation Plan), including sub-Section 8.4.4 (Adjustment of Hatchery Compensation – Survival Studies) and sub-Section 8.4.5 (Adjustment of Hatchery Compensation – Population Dynamics), as determined by Section 10 Permit and as defined in monitoring and evaluation plans to be developed. The District will make reasonable efforts to complete program modifications as soon as possible, following agreement with the Hatchery Committee. 8.6.2 As of the date this Agreement is signed by the Parties, two areas have been identified for program modification and improvement. The District working with the Hatchery Committee shall assess program modification options and implement them based upon the results of the assessment, as indicated below. 1) Improve the adult trapping facility efficiency for adult spring chinook returning to the Chewuch River without undue delay in adult migration and/or displacement of natural spawners to non- target areas. In coordination with the JFP, the District will use its best effort to implement trap improvements by removal of rock debris below ▇▇▇▇▇▇ Dam (Chewuch River) by May 2002. The Hatchery Committee will assess whether these improvements are sufficient to achieve the trapping objective without changing adult migration/spawning behavior. If the trapping objectives are achieved, no additional improvements will be required. In the event that these repairs do not result in achievement of the trapping objective, the District, working with the Hatchery Committee, will assess the methods to improve trap efficiency including the following options; 1) additional improvements to ▇▇▇▇▇▇ Dam, or 2) a new trapping facility. Based on these assessments, the Hatchery Committee shall select a preferred option and an implementation plan shall be developed by the District. The District will complete program modifications as soon as reasonably possible (possibly 2003), following agreement with the Hatchery Committee. 2) Improve the adult trapping facility efficiency for adult spring chinook returning to the Twisp River without undue delay in adult migration and/or displacement of natural spawners to non-target areas. The Hatchery Committee will assess methods to improve trap efficiency including the following two options; 1) modifying the existing trap and ▇▇▇▇ or 2) development of a new trapping facility. Based on these assessments, the Hatchery Committee shall select a preferred option and the District shall develop an implementation plan. The District will complete program modifications as soon as reasonably possible (possibly 2003), following agreement with the Hatchery Committee. 8.6.3 In addition to these program modifications and with concurrence from the Hatchery Committee, the District may pursue the development of a memorandum of understanding between parties concerning use of shared facilities, fish, and water rights. 8.6.4 During the duration of the Agreement, NMFS shall have the opportunity to seek hatchery program modifications (that do not change the 7% program levels) but are otherwise necessary to address emergency effects of a hatchery program on listed Permit Species. Such program modifications shall be supported by a minimum of two years of field data from the river or stream in question. Other information documenting a significant and adverse effect on the productivity of listed Permit Species from other rivers can be considered, but only if applicable to the listed Permit Species and stream in question. Any proposal to modify a hatchery program will be documented in a memorandum from the Regional Administrator to the Hatchery Committee summarizing the problem, and then followed by up to six months of Hatchery Committee evaluation. The Parties recognize that initially a portion of the production contemplated in this Agreement will be for purposes of supplementation of Plan Species or re-establishing runs in areas from which they have been extirpated. In the event the concerns raised in this sub-Section (8.6.