16 U.S.C. § 460ss — Findings

Page 753 TITLE 16—CONSERVATION § 460ss–1 1 So in original. The semicolon probably should be a period. SUBCHAPTER CIV—KLAMATH RIVER CONSERVATION AREA § 460ss. Findings The Congress finds that— (1) the Klamath and Trinity Rivers have been placed under the California and National Wild and Scenic Rivers Systems to protect their outstanding anadromous fishery values; (2) the Klamath and Trinity Rivers provide fishery resources necessary for Indian subsist- ence and ceremonial purposes, ocean commer- cial harvest, recreational fishing, and the eco- nomic health of many local communities; (3) floods, the construction and operation of dams, diversions and hydroelectric projects, past mining, timber harvest practices, and roadbuilding have all contributed to sedi- mentation, reduced flows, and degraded water quality which has significantly reduced the anadromous fish habitat in the Klamath-Trin- ity River System; (4) overlapping Federal, State, and local ju- risdictions, inadequate enforcement of fishery harvest regulations, and ineffective fishery management have historically hampered fish- ery conservation efforts and prevented the Federal Government and the State of Cali- fornia from fulfilling their responsibilities to protect the rivers’ anadromous fishery values; (5) the Klamath-Trinity fall chinook salmon populations have declined by 80 percent from historic levels and steelhead trout have also undergone significant reductions; (6) Klamath River Basin Fisheries Resource Plan has been developed by the Secretary act- ing through the Bureau of Indian Affairs; (7) the Klamath Salmon Management Group, a group of agencies with fishery management responsibility, has established, in cooperation with the users of the Klamath-Trinity River Basin fishery resources, a sound framework for the future coordination of fishery harvest management; (8) a new Klamath-Trinity River Basin Man- agement authority, composed of the Klamath Salmon Management Group and representa- tives of users of the fishery resources of the Klamath-Trinity River Basin, is needed to en- sure more effective long-term coordination of the Klamath-Trinity River fisheries under sound conservation and management prin- ciples that ensure adequate spawning escapement; and (9) the Secretary has the authority to imple- ment a restoration program only in the Trin- ity River Basin and needs additional authority to implement a restoration program in co- operation with State and local governments to restore anadromous fish populations to opti- mum levels in both the Klamath and Trinity River Basins; 1 (Pub. L. 99–552, § 1, Oct. 27, 1986, 100 Stat. 3080.) Statutory Notes and Related Subsidiaries SHORT TITLE Section 8 of Pub. L. 99–552, as added by Pub. L. 100–653, title VI, § 604, Nov. 14, 1988, 102 Stat. 3830, pro- vided that: ‘‘This Act [enacting this subchapter] may be cited as the ‘Klamath River Basin Fishery Resources Restoration Act’.’’ SALMON PLAN AND STUDY Pub. L. 109–479, title I, § 113(b), Jan. 12, 2007, 120 Stat. 3602, as amended by Pub. L. 117–328, div. S, title II, § 203(b), Dec. 29, 2022, 136 Stat. 5270, provided that: ‘‘(1) RECOVERY PLAN.—Not later than 6 months after the date of enactment of this Act [Jan. 12, 2007], the Secretary of Commerce shall complete a recovery plan for Klamath River Coho salmon and make it available to the public. ‘‘(2) REPORT.—Not later than 2 years after the date of enactment of the Fishery Resource Disasters Improve- ment Ac[t] [Dec. 29, 2002], and biennially thereafter, the Secretary of Commerce shall submit a report to the Senate Committee on Commerce, Science, and Trans- portation and the House of Representatives Committee on Resources [now Committee on Natural Resources] on— ‘‘(A) the actions taken under the recovery plan and other law relating to recovery of Klamath River Coho salmon, and how those actions are specifically con- tributing to its recovery; ‘‘(B) the progress made on the restoration of salm- on spawning habitat, including water conditions as they relate to salmon health and recovery, with em- phasis on the Klamath River and its tributaries below Iron Gate Dam; ‘‘(C) the status of other Klamath River anadromous fish populations, particularly Chinook salmon; and ‘‘(D) the actions taken by the Secretary to address the most recent National Research Council rec- ommendations regarding monitoring and research on Klamath River Basin salmon stocks.’’ § 460ss–1. Establishment (a) In general The Secretary shall designate the anadromous fish habitats and resources of the Klamath River basin as the Klamath River Basin Conservation Area (hereafter in this subchapter referred to as the ‘‘Area’’). (b) Restoration program (1) Establishment The Secretary shall, in consultation with the task force established under section 460ss–3 of this title, formulate, establish, and implement a 20-year program to restore the anadromous fish populations of the Area to op- timum levels and to maintain such levels. The program shall be based on the Klamath River Basin Fisheries Resource Plan referred to in section 460ss(6) of this title and shall be known as the Klamath River Basin Conservation Area Restoration Program. (2) Program activities In carrying out the objectives of the pro- gram, the Secretary, in cooperation with the task force established under section 460ss–3 of this title, shall— (A) monitor and coordinate research evalu- ating the Area anadromous fish populations and administer and evaluate the success of activities described in subparagraph (B); and (B) take such actions as are necessary to— (i) improve and restore Area habitats, and to promote access to blocked Area habitats, to support increased run sizes; (ii) rehabilitate problem watersheds in the Area to reduce negative impacts on fish and fish habitats;