Public Comment. Volume III - Montana Legislature

Impact Analysis Studies and Proposed Mitigation Approach -Page 8
Therefore, it is imperative to begin recruiting a cooperating university and screening
prospective students as soon as possible, preferably before the end of April 2000.
Mitigation of Potential Losses
Acceptable production levels will be established via an examination of historical
performance, the results of the baseline studies, and the final design of the statistical
model. MT DFWP will identi@ a range of unacceptable impacts based on comparing
current production with the predicted range of production levels from the statistical
model developed as part of the proposed studies. The exact amount of reduction in
production success required to trigger mitigation will be determined by the mitigation
committee (described in 4.1 below), after the baseline studies are completed and the
'. statistical model is developed and tested. This document includes a preliminary set of
mitigations outlining how TRRC will compensate the state for losses.
4.1 Mitigation Committee
A five-person mitigation committee will be assembled with # 1 and #3 (identified below)
selected by MT DFW, #2 selected by TRR and #4 and #5 selected by either the
Governor's office or a designee of that office. Members #4 and #5 will be compensated
for transportation, lodging, and meals related to the committee activities, by TRRC.
1. MT DFW representative (as a representative of the director
and fisheries management at a state wide level).
2. TRRC representative (to represent the interest of TRRC)
3. MCFH (MT DFWP) representative. (A hatchery employee
would have knowledge about hatchery operations, fish cultur'e,
fish biology, and fish production that would be critical to any
decision)
4. University professor with regional experience in fisheries, fish
culture, or fish hatchery management, (selected as described
above *)
5. Impartial member(se1ected as described above*), not
associated with MT DFW or TRRC, or anyone who would
have a conflict of interest.
This committee will be the final clearing house for any study design; analysis and
mitigation decisions regarding MCFH and is separate from the Railroad Task Force
described in TRRIII. In order to participate in the study design and ensure that the full
two years of pre-construction data is collected, the committee needs to be appointed and
activated before the spring 2000 hatchery season commences. It is MT DFWP's position
that this mitigation plan should be clear and concise enough to allow most mitigation to
proceed without the convening of a committee, but if there is a disagreement as to the
magnitude of impact or necessary mitigation, then this committee will have binding
jurisdiction. Decisions will be based on a simple majority rule. As stated before, MCFH
EQC Eminent Domain Study -229-