Endangered and Threatened Wildlife and Plants: Notice of Interagency Cooperative Policy for Peer Review in Endangered Species Act Activities

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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