[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16021]
[[Page Unknown]]
[Federal Register: July 1, 1994]
_______________________________________________________________________
Part VIII
Department of the Interior
Fish and Wildlife Service
Department of Commerce
National Oceanic and Atmospheric Administration
_______________________________________________________________________
Endangered and Threatened Wildlife and Plants: Policy Statements;
Notices
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Endangered and Threatened Wildlife and Plants: Notice of
Interagency Cooperative Policy for Peer Review in Endangered Species
Act Activities
AGENCIES: Fish and Wildlife Service, Interior, and National Marine
Fisheries Service, National Oceanic and Atmospheric Administration
(NOAA), Commerce.
ACTION: Notice of policy statement.
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SUMMARY: The Fish and Wildlife Service and National Marine Fisheries
Service (hereafter referred to as Services) announce interagency policy
to clarify the role of peer review in activities undertaken by the
Services under authority of the Endangered Species Act of 1973 (Act),
as amended, and associated regulations in Title 50 of the Code of
Federal Regulations. This policy is intended to complement and not
circumvent or supersede the current public review processes in the
listing and recovery programs.
EFFECTIVE DATE: July 1, 1994.
FOR FURTHER INFORMATION CONTACT: Jamie Rappaport Clark, Chief, Division
of Endangered Species, U.S. Fish and Wildlife Service, ARLSQ 452, 18th
and C Streets, NW., Washington, D.C. 20240 (telephone 703/358-2171), or
Russell Bellmer, Chief, Endangered Species Division, National Marine
Fisheries Service, 1335 East-West Highway, Silver Spring, Maryland
20910 (telephone 301/713-2322).
SUPPLEMENTARY INFORMATION:
Background
The Act requires the Services to make biological decisions based
upon the best scientific and commercial data available. These decisions
involve listing, reclassification, and delisting of plant and animal
species, critical habitat designations, and recovery planning and
implementation.
The current public review process involves the active solicitation
of comments on proposed listing rules and draft recovery plans by the
scientific community, State and Federal agencies, Tribal governments,
and other interested parties on the general information base and the
assumptions upon which the Service is basing a biological decision.
The Services also make formal solicitations of expert opinions and
analyses on one or more specific questions or assumptions. This
solicitation process may take place during a public comment period on
any proposed rule or draft recovery plan, during the status review of a
species under active consideration for listing, or at any other time
deemed necessary to clarify a scientific question.
Independent peer review will be solicited on listing
recommendations and draft recovery plans to ensure the best biological
and commercial information is being used in the decisionmaking process,
as well as to ensure that reviews by recognized experts are
incorporated into the review process of rulemakings and recovery plans
developed in accordance with the requirements of the Act.
Policy
A. In the following endangered species activities, it is the policy
of the Services to incorporate independent peer review in listing and
recovery activities, during the public comment period, in the following
manner:
(1) Listing
(a) Solicit the expert opinions of three appropriate and
independent specialists regarding pertinent scientific or commercial
data and assumptions relating to the taxonomy, population models, and
supportive biological and ecological information for species under
consideration for listing;
(b) Summarize in the final decision document (rule or notice of
withdrawal) the opinions of all independent peer reviewers received on
the species under consideration and include all such reports, opinions,
and other data in the administrative record of the final decision.
(2) Recovery
(a) Utilize the expertise of and actively solicit independent peer
review to obtain all available scientific and commercial information
from appropriate local, State and Federal agencies; Tribal governments;
academic and scientific groups and individuals; and any other party
that may possess pertinent information during the development of draft
recovery plans for listed animal and plant species.
(b) Document and use, where appropriate, independent peer review to
review pertinent scientific data relating to the selection or
implementation of specialized recovery tasks or similar topics in draft
or approved recovery plans for listed species.
(c) Summarize in the final recovery plan the opinions of all
independent peer reviewers asked to respond on an issue and include the
reports and opinions in the administrative record of that plan.
Independent peer reviewers should be selected from the academic and
scientific community, Tribal and other native American groups, Federal
and State agencies, and the private sector; those selected have
demonstrated expertise and specialized knowledge related to the
scientific area under consideration.
B. Special Circumstances
(1) Sometimes, specific questions are raised that may require
additional review prior to a final decision, (e.g. scientific
disagreement to the extent that leads the Service to make a 6-month
extension of the statutory rulemaking period). The Services will
determine when a special independent peer review process is necessary
and will select the individuals responsible for the review. Special
independent peer review should only be used when it is likely to reduce
or resolve the unacceptable level of scientific uncertainty.
(2) The results of any special independent peer review process will
be written, entered into the permanent administrative record of the
decision, and made available for public review. If the peer review is
in the context of an action for which there is a formal public comment
period, e.g., a listing, designation of critical habitat, or
development of a recovery plan, the public will be given an opportunity
to review the report and provide comment.
Scope of Policy
The scope of this policy is Servicewide for all species of fish and
wildlife and plants, as defined pursuant to section 3 of the Act (16
U.S.C. 1532).
Authority
The authority for this policy is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531-1544).
Dated: June 27, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service, Department of the Interior.
Dated: June 24, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 94-16021 Filed 6-30-94; 8:45 am]
BILLING CODE 4310-55-P
