Common use of Phase III (Provisional Review) Clause in Contracts

Phase III (Provisional Review). The District shall proceed to Phase III (Provisional Review) when Juvenile Project Survival is measured at less than 93% but greater than or equal to 91%. Provisional Review allows the District a one time (Plan Species specific) five year period to implement additional Measures or conduct additional Juvenile Dam Passage Survival Studies or Juvenile Project Survival Studies or Combined Adult and Juvenile Survival Studies. The results of the Provisional Review Studies will be evaluated by the Coordinating Committee to more accurately determine whether the pertinent survival standard is being achieved. The Coordinating Committee will determine the number of valid studies (not to exceed three years of study) necessary to make a Phase determination following the completion of the Provisional Review survival studies. The Parties will then proceed based upon the results of these new studies. During Phase III (Provisional Review), supplementation levels shall be maximized at 7% for the affected Plan Species and 2% compensation shall be provided by the District to the Plan Species Account. When the Provisional Review studies indicate that the Combined Adult and Juvenile Survival estimates are greater than or equal to 91% or when the Juvenile Project Survival studies indicate that survival is greater than or equal to 93% then the District shall proceed to Phase III (Standard Achieved). If the Provisional Review studies indicate that the 95% Juvenile Dam Passage Survival standard has been achieved through direct measurement or calculation, then the District shall proceed to Phase III (Additional Juvenile Studies). If after the one time, five-year Provisional Review period, Juvenile Project Survival is still less than 93% and greater than or equal to 91% and the Combined Adult and Juvenile Survival studies are inconclusive, then the District will revert back to Phase II (Interim Tools). If the increased bypass flows implemented under Phase II (Interim Tools) do not achieve either 95% Juvenile Dam Passage Survival or 93% Juvenile Project Survival, the District shall proceed to Phase II (Additional Tools).

Appears in 4 contracts

Samples: Anadromous Fish Agreement and Habitat Conservation Plan, Anadromous Fish Agreement and Habitat Conservation Plan, Anadromous Fish Agreement and Habitat Conservation Plan

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