Memorandum_of_Understanding(Sample).pdf

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

Fisheries Branch

PO Box 944209 Sacramento, CA 92444-2090

MOU 2081a- (VENDOR TBD) CHNSR DATE

Conserving California’s Wildlife Since 1870

MEMORANDUM OF UNDERSTANDING

CALIFORNIA ENDANGERED SPECIES ACT

REGARDING TAKE OF CENTRAL VALLEYSPRING RUN CHINOOK SALMON

AT THE FEATHER RIVER HATCHERY

AND UPPER KLAMATH-TRINITY RIVER SPRING RUN CHINOOK SALMON AT TRINITY

RIVER HATCHERY

Expiration Date: Date

This Memorandum of Understanding (MOU) pursuant to Fish and Game Code section 2081, subdivision (a) is made and entered into by and between Vendor TBD (Permittee), and the California Department of Fish and Wildlife (CDFW). The purpose of this MOU is to lawfully authorize take (as defined by Fish & G. Code, § 86) of Central Valley spring-run Chinook salmon, Oncorhynchus tshawytscha and Upper Klamath-Trinity River spring-run Chinook salmon, Oncorhynchus tshawytscha pursuant to the California Endangered Species Act.

(CESA; Fish & G. Code § 2050 et. seq.) The take authorization conferred by this MOU is limited to the authorization for Permittee to possess dead salmon carcasses in accordance with the terms and conditions of this MOU.

CESA prohibits the take of any species of wildlife designated by the Commission as an endangered, threatened, or candidate species. (Fish & G. Code, §§ 2080, 2085.) Fish and Game Code section 86 defines take as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” Fish and Game Code section 2081, subdivision (a) allows CDFW to authorize take and possession of endangered, threatened, and candidate species for scientific, educational or management purposes.

This MOU authorizes Permittee to possess dead Central Valley spring-run Chinook salmon and Upper Klamath-Trinity River spring-run Chinook salmon pursuant to Fish and Game Code section 2081, subdivision (a) to assist CDFW in its ongoing management of these species.

Permittee:

Contact:

Mailing Address:

Sam ple

Feather River Fish Hatchery and Trinity River Hatchery CESA MOU

DATE

Summary of Activities Project Locations:

• Feather River Hatchery, located at 5 Table Mountain Blvd, Oroville, CA 95965:

Butte County

• Trinity River Hatchery, located at 1000 Hatchery Road, Lewiston, CA 96052:

Shasta County

Project Description:

CDFW operates the Feather River Hatchery (FRH), in part, to better manage and help ensure the continued abundance and survival of the Central Valley spring-run Chinook salmon in the Feather River watershed. FRH was constructed by the California Department of Water Resources as mitigation for the construction of the Oroville Dam.

The construction of the Oroville Dam blocked Central Valley spring-run Chinook salmon access to upstream spawning habitat. FRH operations help mitigate the impact to spring-run Chinook salmon due to loss of that spawning habitat. CDFW employees at FRH collect eggs from returning adult spring run Chinook salmon, incubate those eggs, grow the eggs into young fish, and then eventually return young spring-run Chinook salmon into the Feather River watershed to continue its life cycle. Once spawned, a Central Valley spring-run Chinook salmon in the wild dies. At FRH, the dead salmon carcasses are collected and removed from FRH for consumption or disposal. The large number of salmon carcasses collected at FRH could not collectively be returned to the Feather River without violating the General Waste discharge requirements in CAAP General Order R5- 2014-0161. It is essential to the operation of FRH, the management of Central Valley spring run Chinook salmon, and the protection of natural resources, that the dead salmon carcasses be removed from FRH and not returned to the Feather River below the hatchery.

CDFW operates the Trinity River Hatchery (TRH), in part, to better manage and help ensure the continued abundance of the Upper Klamath-Trinity River spring-run Chinook salmon (Spring Chinook) in the Klamath and Trinity River watersheds. Iron Gate Hatchery (IGH) was constructed by Pacific Power and Light (PPL) now known as PacifiCorp as mitigation for the construction of the Iron Gate Dam. TRH was constructed by the United States Bureau of Reclamation (USBR) as mitigation for the construction of the Lewiston Dam. The construction of each dam blocked Spring Chinook access to upstream spawning habitat. TRH operations help mitigate the loss of spawning habitat. CDFW employees at TRH collect eggs from returning adult Spring Chinook salmon, incubate those eggs, grow the eggs into young fish, and then eventually return young Spring Chinook salmon into the Trinity River to continue its life cycle. Once spawned, Spring Chinook salmon die. At TRH, the post spawn salmon carcasses are collected and removed for consumption or disposal. The large number of salmon carcasses collected at TRH could not collectively be returned to the Trinity River without violating National Pollutants Discharge Eliminations System (NPDES) Order R1-2015-0009. It is essential to the operation of TRH, the management of Upper Klamath – Trinity River spring run

Chinook salmon and the protection of natural resources that post spawn salmon carcasses be removed from TRH and not returned to the river below each hatchery.

Permittee has entered into Contract Number TBD with CDFW (Contract). In that Contract, Permittee has agreed to remove surplus salmon carcasses at FRH and TRH after notification from CDFW that such removal is necessary. Permittee will remove surplus Central Valley spring run Chinook salmon and Upper Klamath-Trinity River spring run Chinook carcasses as an element of the Contract. Permittee will also provide services associated with such removal, such as refrigeration equipment, and appropriate distribution or disposal of such surplus salmon carcasses.

Covered Species Subject to Take Authorization Provided by this MOU

1. Spring Run Chinook Salmon (Oncorhynchus tshawytscha) Threatened1

2. Upper Klamath-Trinity River Spring Run Chinook Salmon (Oncorhynchus tshawytscha) Threatened2

Central Valley Spring run Chinook salmon normally enter the Feather River Watershed in April-June. Historically they would migrate far upstream into the upper sections of the North, Middle and South forks of the Feather River to spawn. With the construction of Oroville dam complex for the State Water Project, upstream migration was blocked.

Feather River Hatchery was built to mitigate the blockage of this upstream spawning habitat. In 1999 Central Valley spring run Chinook salmon Evolutionarily Significant Unit (ESU), which includes both natural origin as well as fish produced at the Feather River Hatchery, was listed as threatened under both the federal ESA and CESA.

Upper Klamath-Trinity River spring run Chinook salmon normally enter the Klamath River and Trinity River system in April-July. Historically, they would migrate far upstream into the upper sections of the Klamath and Trinity Rivers to spawn. With construction of Iron Gate Dam and Lewiston Dam upstream migration was blocked. In 2022, Upper Klamath River-Trinity River spring run Chinook salmon Evolutionary Significant Unity (ESU), which includes both natural origin as well as fish produced at the TRH was listed as threatened under CESA.

Specific Conditions

The following provisions shall apply:

1) Permittee will remove surplus salmon carcasses from FRH and TRH, as more particularly described in the Contract #TBD.

2) Permittee may export the surplus salmon carcasses out of California for

1See Cal. Code Regs. tit. 14 § 670.5, subd. (b)(2)(C).

2See Cal. Code Regs. tit. 14 CCR 670.5(b)(1)(A)(2)(G) processing.

General Conditions

• Permittee, operating under the authority of this MOU, is responsible for the actions of its employees, agents, and contractors assisting with management and monitoring activities as outlined in the project description above.

• A copy of this permit will be in possession of Permittee and its employees, agents, or contractors when undertaking the permitted activities.

• CDFW may modify the provisions of this MOU with reasonable notice to Permittee.

• CDFW may suspend or revoke this MOU in the event Permittee or its employees, agents, or contractors violate or fail to comply with the terms and conditions of this

MOU.

• All terms and conditions of this MOU shall be binding upon Permittee and its employees, agents, or contractors engaged in the permitted activity.

Notwithstanding California Civil Code section 1431 or any other provision of law, Permittee and its employees, agents, and contractors are jointly and severally liable for performance of all terms, conditions, and obligations of this MOU. Any failure by one of more persons to comply with any term, condition, or obligation set forth in this MOU may, at CDFW’s sole discretion, be deemed a failure to comply by Permittee.

Reporting

CDFW will maintain a record of the number, and an estimate of the overall weight of, each day’s transferred surplus carcasses, and will assign each day’s load of surplus carcasses a tracking number. Contractor will maintain a similar record of the number, an estimate of the overall weight of each day’s accepted surplus carcasses, tracking number for each load of surplus carcasses, and a record of the number of pounds of surplus carcasses are ultimately distributed for human consumption in California. The permittee will submit annually a draft report of these records to CDFW.

• Permittee will submit the draft report no later than February 1.

• The CDFW Contract Manager will have 15 days compare CDFW records to Contractor records and provide comments to the draft report, after which a final report must be prepared. The Contractor will produce a final report no later than February 28.

• Any reporting deadlines may be adjusted if CDFW deems it necessary. All changes to deadlines and scheduling must be agreed upon in writing by the Contractor and CDFW Contract Manager.

• The CDFW Contract Manager may accept the draft report as the final report. The report will not be considered final until accepted and approved by the CDFW Contract Manager.

• CDFW contact for reporting requirements is:

Kenneth Kundargi Environmental Program Manager I California Department of Fish and Wildlife PO Box 944209 Sacramento, CA 92444-2090 kenneth.kundargi@wildlife.ca.gov 916-508-7788

Failure to submit the information outlined above may result in suspension or revocation of this MOU, preclude renewal of this MOU, or impact the eligibility of responsible parties to renew or secure subsequent California Scientific Collecting Permits, other permits, or MOUs.

MOU Contacts

Permittee:

Name Title Vendor Name Address Email

Agent/Subcontractor:

Name Vendor Address Email

Department of Fish and Wildlife:

Kenneth Kundargi Environmental Program Manager I California Department of Fish and Wildlife PO Box 944209 Sacramento, CA 92444-2090 kenneth.kundargi@wildlife.ca.gov

Effective Date and Termination

This MOU shall commence on the date of execution of the last signatory and unless amended or revoked, will terminate on DATE.

If there are substantial changes in conditions, including changes in species status or changes in conditions that may affect other fish and wildlife resources, CDFW may, at its discretion, amend, or terminate this MOU.

Modifications

Modifications to this MOU, including amendments and renewals, may be proposed by either party and shall become effective when a written modification to this MOU is signed by both parties. The signed written modification shall be appended to this MOU.

Disclaimer

Permittee understands and recognizes that this MOU does not constitute or imply compliance with other applicable state or federal laws and regulations, other than the California Endangered Species Act, and does not create an entitlement to proceed with the project.

THE PARTIES HAVE EXECUTED THIS MOU TO BE IN EFFECT AS OF THE DATE

LAST WRITTEN BELOW.

Department of Fish and Wildlife

____________________________ Date: __________________ Jay Rowan, Chief Fisheries Branch California Department of Fish and Wildlife West Sacramento, California

Permittee

_____________________________ Date: _________________

TBD