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Public Comment. Volume III - Montana Legislature

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Impact Analysis Studies and Proposed Mitigation Approach Page 10<br />

modification to the TRR, its operation, or hatchery structures. Level 2 losses will<br />

probably sat be correctable within the same hatchery production cycle, and are a more<br />

substantial level of impact that will require future preventative actions as well as<br />

mitigation. Bamng the identification of a chronic, unforeseen impact, Level 2 losses<br />

should not affect MCFH's capability to produce fish in subsequent years or to<br />

accommodate these losses over two or more production years. Level 2 losses would be<br />

defined as a substantiai reduction in the expected level of production success for one<br />

species, or a Level 1 decrease for two or more species at a given critical phase.<br />

Acceptable mitigations for a Level 2 loss may include any of the options outlined for<br />

Level 1 losses, and, at the discretion of the mitigation committee, these additional<br />

measures:<br />

Detailed examination of the cause or events that led to the loss including an<br />

inventory of preventative measures that will be implemented to avoid future<br />

losses;<br />

Assessment of the value of the fish stocks lost or damaged, and replacement funds<br />

to compensate MCFH for increasing production or otherwise replacing the fish<br />

over the next year(s);<br />

Evaluation of impacts to destination reservoirs and possible losses to recreational<br />

revenues due to gaps in year classes of game fish. Compensation could be<br />

accomplished through an increase in production or purchase of fish from outside<br />

sources to mitigate for lost year classes of fish;<br />

Modification (repairs, replacement, or relocation) of hatchery facilities and<br />

necessary adaptation of TRRR operations to prevent additional losses; or,<br />

Any measure that the five member mitigation committee would deem suitable to<br />

mitigate for the losses.<br />

4.4 Level 3 Losses<br />

Level 3 losses constitute significant reductions in the expected level of production<br />

success for one species, moderate (Level 2) reductions in the expected level of production<br />

success for two or more species, or a partial or complete failure of the hatchery facility<br />

either for one or more species, a specific structure at the hatchery (e.g. one or more of the<br />

earthen ponds, raceways), or for a significant portion of a production cycle. If a Level 3<br />

loss occurs, the mitigation committee will assess whether it was due to a catastrophic<br />

event, or to chronic conditions that are likely to impede future hatchery functions. Even a<br />

partial hatchery failure could have devastating impacts to the state's warn-water fishery,<br />

and it is imperative that rapid action be available to compensate the state and reestablish<br />

production as soon as possible to avoid even larger impacts and expenses. It is unlikely<br />

that a Level 3 loss could be completely mitigated within a single production cycle;<br />

therefore, TRRC will need to address long-term impacts to the state's fishery as part of<br />

this level of mitigation. Acceptable mitigations for a Level 3 loss may include any ofthe<br />

options outlined in Level 1 or 2 losses, and:<br />

EQC Eminent Domain Study -231 - .

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