94-16022. Endangered and Threatened Wildlife and Plants: Notice of Interagency Cooperative Policy on Information Standards Under the Endangered Species Act

[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: 94-16022]


[[Page Unknown]]

[Federal Register: July 1, 1994]


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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 on Information Standards Under the 
Endangered Species Act

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 provide criteria, establish procedures, and provide guidance to 
ensure that decisions made by the Services under the authority of the 
Endangered Species Act of 1973 (Act), as amended represent the best 
scientific and commercial data available. This policy is intended to 
complement the current public review processes prescribed by sections 
4(b)(4)(6) and 10(a)(2)(B) of the Act and associated regulations in 
title 50 of the Code of Federal Regulations.

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, DC 20240 (telephone [phone]), or 
Russell Bellmer, Chief, Endangered Species Division, National Marine 
Fisheries Service, 1335 East-West Highway, Silver Spring, Maryland 
20910 (telephone [phone]).

SUPPLEMENTARY INFORMATION:

Background

    The Act requires the Secretary of the Interior and the Secretary of 
Commerce to determine whether any species is endangered or threatened 
(16 U.S.C. 1533). When making these determinations, the Secretary is 
directed to use the best scientific and commercial data available.
    The Services receive and use information on the biology, ecology, 
distribution, abundance, status, and trends of species from a wide 
variety of sources as part of their responsibility to implement the 
Act. Some of this information is anecdotal, some of it is oral, and 
some of it is found in written documents. These documents include 
status surveys, biological assessments, and other unpublished material 
(that is, ``gray literature'') from State natural resource agencies and 
natural heritage programs, Tribal governments, other Federal agencies, 
consulting firms, contractors, and individuals associated with 
professional organizations and higher educational institutions. The 
Services also use published articles from juried professional journals. 
The reliability of the information contained in these sources can be as 
variable as the sources themselves. As part of their routine activities 
Service biologists are required to gather, review, and evaluate 
information from these sources prior to undertaking listing, recovery, 
consultation, and permitting actions.

Policy

    To assure the quality of the biological, ecological, and other 
information that is used by the Services in their implementation of the 
Act, it is the policy of the Services:
    a. To require biologists to evaluate all scientific and other 
information that will be used to (a) determine the status of candidate 
species; (b) support listing actions; (c) develop or implement recovery 
plans; (d) monitor species that have been removed from the list of 
threatened and endangered species; (e) to prepare biological opinions, 
incidental take statements, and biological assessments; and (f) issue 
scientific and incidental take permits. This review will be conducted 
to ensure that any information used by the Services to implement the 
Act is reliable, credible, and represents the best scientific and 
commercial data available.
    b. To gather and impartially evaluate biological, ecological, and 
other information that disputes official positions, decisions, and 
actions proposed or taken by the Services during their implementation 
of the Act.
    c. To require biologists to document their evaluation of 
information that supports or does not support a position being proposed 
as an official agency position on a status review, listing action, 
recovery plan or action, interagency consultation, or permitting 
action. These evaluations will rely on the best available 
comprehensive, technical information regarding the status and habitat 
requirements for a species throughout its range.
    d. To the extent consistent with sections 4, 7, and 10 of the ESA, 
and to the extent consistent with the use of the best scientific and 
commercial data available, use primary and original sources of 
information as the basis for recommendations to (1) place a species on 
the list of candidate species, (2) promulgate a regulation to add a 
species to the list of threatened and endangered species, (3) to remove 
a species from the list of threatened and endangered species, (4) 
designate critical habitat, (5) revise the status of a species listed 
as threatened or endangered, (6) make a determination of whether a 
Federal action is likely to jeopardize a proposed, threatened, or 
endangered species or destroy or adversely modify critical habitat; and 
(7) issue a scientific or incidental take permit. These sources shall 
be retained as part of the administrative record supporting an action 
and shall be referenced in all official Federal Register notices and 
biological opinions prepared for an action.
    e. To collect, evaluate, and complete all reviews of biological, 
ecological, and other relevant information within the schedules 
established by the Act, appropriate regulations, and applicable 
policies.
    f. To conduct management-level review of documents developed and 
drafted by Service biologists to verify and assure the quality of the 
science used to establish official positions, decisions, and actions 
taken by the Services during their implementation of the Act.

Scope of Policy

    This policy applies Servicewide for all species of fish and 
wildlife and plants, as defined pursuant to section 3 of the Act (16 
U.S.C. 1532), and for listing, recovery, interagency consultation, 
management and scientific authorities, and permitting programs as 
outlined in, and to the extent consistent with, the provisions of 
sections 4(a)(c), 4(e)(g), 7(a)(c), 8A(c), and 10(a) of the Act, 
respectively.

Authority

    The authority for this action 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. 94-16022 Filed 6-30-94; 8:45 am]
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