[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 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 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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