Information on the 10(j)/4(d) Rule for Reintroduction of spring-run Chinook to San Joaquin River:

Below are the documents for the establishment of an experimental population of spring-run salmon in the San Joaquin River.  The documents can be viewed by clicking on the links below:

Proposed Rule:

• Proposed 10(J) Rule establishing a Nonessential Experimental Population of spring-run Chinook salmon and associated take provisions under section 4(d)

NEPA Document:

• Draft EA for the 10(j) Rule and associated take provisions.

Technical Memorandum

• Draft Technical Memorandum 01/28/13: "Considerations for accounting of incidental take and triggers at the Delta Federal and State export facilities of reintroduced San Joaquin River spring‐run Chinook salmon"

• Draft Technical Memorandum 02/23/13: "Considerations for accounting of incidental take and triggers at the Delta Federal and State export facilities of reintroduced San Joaquin River spring‐run Chinook salmon"
   

Reintroduction Permitting Workshops

• Chico Public Workshop Flyer -  February 5, 2013
• Fresno Public Workshop Flyer -  January 29, 2013
• Los Banos Public Workshop Flyer -  January 30, 2013

Background Information for Workshops.

The proposed 10(j)/4(d) rule has a provision for NMFS to annually calculate and document the proportionate contribution of CV spring-run Chinook salmon originating from the reintroduction to the San Joaquin River by January 15.  Here is the proposed initial technical memorandum for that calculation. 

·       San Joaquin River Spring-run Chinook salmon experimental population: Accounting of incidental take and triggers at the Delta Federal and State fish facilities 

Example Experimental Population 10(j) and Take Exemption 4(d) Rules.

Here are some section 10(j)/4(d) examples that NMFS Southwest Region has looked at for sample language.

These documents have been published in the Federal Register.  They contain language for a non-essential experimental population designation and language for take exemption coverage for the experimental population.

• US. Fish and Wildlife 10(j) rule on Silvery Minnow (final rule )
• NMFS Northwest Region 10(j) on reintroduction of Steelhead  (draft rule)
• NMFS Northwest Region 10(j) on reintroduction of Upper Columbia spring-run Chinook in the Okanogan River Basin (Advance Notice of Proposed Rulemaking)

Section 10(a)(1)(A) Permit for Collection of Broodstock: 

• EA for 10(a)(1)(A) Permit
• Comments received on the 10(a)(1)(A) permit EA with response
• Finding of No Significant Impact (FONSI)
• 10(a)(1)(A)Permit

Future Link for future permits: 

Background Documents

1. Reintroduction Technical Documents
   1. Final Hatchery and Genetics Plan for the SJRRP
   2. Final Enhancement of Species Permit Application from USFWS December 2011
   3. FINAL Stock Selection Document 
2. Court Settlement and Legislation
   1. Natural Resource Defense Council, et. al. v. Rodgers, et. al.
   2. Omnibus Public Land Management Act of 2009 Public Law 111-11, Title X
3. Public Workshop Meeting Summaries
   1. May 1, 3, and 4, 2012 10(a)(1)(A) Permit EA Workshop Flyers
      • Public Workshop Summary 
   2. Reintroduction Regulatory Process - Public workshop presentation
   3. Comments Received during Feb 2-March 7, 2011, comment period on September 29, 2010 application for Enhancement of Species permit. 
   4. April 28, 2010 Public Scoping Workshop Flyer
      • Public Workshop Summary