[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]


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Part VIII

Department of the Interior
Fish and Wildlife Service

Department of Commerce
National Oceanic and Atmospheric Administration
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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]
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