81_FR_54719 81 FR 54561 - Magnuson-Stevens Act Provisions; National Standard 2-Scientific Information; Regional Peer Review Processes

81 FR 54561 - Magnuson-Stevens Act Provisions; National Standard 2-Scientific Information; Regional Peer Review Processes

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 158 (August 16, 2016)

Page Range54561-54564
FR Document2016-19522

NMFS is providing notice of the regional peer review processes established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (MSA). This notice provides a summary of each regional peer review process which has been jointly established by the Secretary and the relevant regional fishery management council (Council) for review of scientific information used to advise the Council about the conservation and management of fisheries. It also directs the public to a Web page where detailed guidelines can be found for each peer review process. NMFS and the Councils may update those guidelines as necessary.

Federal Register, Volume 81 Issue 158 (Tuesday, August 16, 2016)
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Notices]
[Pages 54561-54564]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19522]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE668


Magnuson-Stevens Act Provisions; National Standard 2--Scientific 
Information; Regional Peer Review Processes

AGENCY: National Marine Fisheries Service (NMFS); National Oceanic and 
Atmospheric Administration (NOAA); Commerce.

ACTION: Notice of regional peer review processes.

-----------------------------------------------------------------------

SUMMARY: NMFS is providing notice of the regional peer review processes 
established pursuant to the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA). This notice provides a summary of each regional 
peer review process which has been jointly established by the Secretary 
and the relevant regional fishery management council (Council) for 
review of scientific information used to advise the Council about the 
conservation and management of fisheries. It also directs the public to 
a Web page where detailed guidelines can be found for each peer review 
process. NMFS and the Councils may update those guidelines as 
necessary.

DATES: Effective August 16, 2016.

FOR FURTHER INFORMATION CONTACT: William Michaels by phone 301-427-
8155, or by email: [email protected].

SUPPLEMENTARY INFORMATION: Section 301(a)(2) of the MSA specifies that 
fishery conservation and management measures shall be based upon the 
best scientific information available. 16 U.S.C. 1851(a)(2). Section 
302(g)(1)(E) of the MSA provides that the Secretary and each Council 
may establish a peer review process for that Council for scientific 
information used to advise the Council about the conservation and 
management of the fishery. 16 U.S.C. 1852(g)(1)(E). Section 301(b) of 
the MSA states that the Secretary [of Commerce] shall establish 
advisory guidelines (which shall not have the force and effect of law), 
based on national standards, to assist in the development of fishery 
management plans. 16 U.S.C. 1851(b). These national standards include 
National Standard 2 (NS2), which provides guidance on the best 
scientific information available (BSIA) standard, including guidance on 
standards for establishing a peer review process per MSA section 
302(g)(1)(E). The NS2 guidelines appear at 50 CFR 600.315.
    The decision to establish a 302(g)(1)(E) peer review process is a 
joint decision made by the Secretary and a Council. If the Secretary 
and a Council establish such a process, it will be deemed to satisfy 
the requirements of the Information Quality Act (44 U.S.C. 3516), 
including the Office of Management and Budget (OMB) Final Information 
Quality Bulletin for Peer Review (70 FR 2664, January 14, 2005). 16 
U.S.C. 1852(g)(1)(E). Under the NS2 guidelines, the Secretary will 
announce the establishment of a peer review process under MSA 
302(g)(1)(E), which may include existing committees or panels, in the 
Federal Register. See 50 CFR 600.315(b)(4). This notice fulfills that 
requirement and is an affirmation that the existing regional peer 
review processes jointly commissioned by the Secretary and Council are 
consistent with widely accepted peer review standards and the NS2 
guidelines, including requirements for public transparency.
    The NS2 guidelines provide guidance and standards to establish a 
302(g)(1)(E) review process and adopts many of the OMB Peer Review 
Bulletin standards. See 50 CFR 600.315(b). These standards emphasize 
the importance of expert qualifications; balance in knowledge and 
perspectives; lack of conflicts of interest; independence from the work 
being reviewed; and transparency of the peer review process. The NS2 
guidelines specify that the degree of independence for a peer review 
may vary depending of the novelty, controversy, and complexity of the 
scientific information being reviewed. For reviews requiring a high 
degree of independence, the Center for Independent Experts (CIE) has 
often been used as an independent selection process for obtaining 
highly qualified experts to participate on review panels. Further 
information on CIE and NS2 is available at: https://www.st.nmfs.noaa.gov/science-quality-assurance/index. The NS2 
guidelines also provide guidance on participation in the peer review 
process by members of the Council's Scientific and Statistical 
Committee (SSC). This notice provides links to publicly available Web 
pages that set forth detailed guidelines for each 302(g)(1)(E) peer 
review process. The guidelines may be updated as necessary and 
appropriate to improve the review processes. Although not within the 
scope of this notice, there are other important processes, including 
peer review, that are used by NMFS to inform fishery conservation and 
management that are not jointly established by the Secretary and 
Council pursuant to section 302(g)(1)(E), such as peer reviews 
pertaining to scientific information supporting international fisheries 
management agreements.
    Description of Regional Peer Review Processes. Five regional peer 
review processes have been established jointly by the Secretary and 
Councils pursuant to MSA section 302(g)(1)(E); an overview of each is 
provided below.

[[Page 54562]]

(1) Stock Assessment Workshop/Stock Assessment Review Committee (SAW/
SARC)

    (i) Scope and objective. The Stock Assessment Workshop/Stock 
Assessment Review Committee (SAW/SARC) process has been jointly 
established by the NMFS Northeast Fisheries Science Center (NEFSC), 
NMFS Greater Atlantic Regional Fisheries Office (GARFO), New England 
Fishery Management Council (NEFMC), Mid-Atlantic Fishery Management 
Council (MAFMC), and Atlantic States Marine Fisheries Commission 
(ASMFC) to conduct the peer review of scientific stock assessment 
information used for fishery management in the Northeast and Mid-
Atlantic regions.
    (ii) Background. The Stock Assessment Workshop (SAW) is a formal 
scientific peer-review process for evaluating and presenting stock 
assessment results to managers in the Northeast and Mid-Atlantic 
regions. The SAW protocol is used to prepare and review assessments for 
fish and invertebrate stocks in the offshore U.S. waters of the 
northwest Atlantic Ocean. Assessments are prepared by SAW working 
groups (federally led assessments) or ASMFC technical assessment 
committees (state led assessments) and peer reviewed by an independent 
panel of stock assessment experts called the Stock Assessment Review 
Committee (SARC) to determine the adequacy of benchmark stock 
assessments for providing a scientific basis for fisheries management. 
SARC panels are typically composed of a chair, who is selected from the 
New England or Mid-Atlantic Council's SSC, and experts selected by the 
CIE. Published SAW assessment reports reflect the written decisions and 
conclusions of the SARC panel regarding each of the assessment Terms of 
Reference (ToR). The SAW/SARC process is overseen by the Northeast 
Region Coordinating Council (NRCC). The NRCC includes high level 
representatives from the NEFSC, GARFO, MAFMC, NEFMC, and ASMFC. The 
NEFSC Science and Research Director and the NRCC are directly involved 
with assessment scheduling. Peer reviewed assessment results and 
reports from the SARC review panel are provided to the relevant 
Council's Technical Teams, and the SSC for use in making fishing level 
recommendations to the Councils.
    (iii) Terms of reference. Peer reviewer selection takes into 
consideration qualifications of experts, balance of perspective, 
conflict of interest, and independence. ToRs for stock assessments are 
developed by the NEFSC in consultation with NRCC members, and with 
final approval by the NRCC. Benchmark stock assessments undergo a 
higher degree of peer review than stock assessment updates and 
operational stock assessments. In benchmark assessments, it is 
acceptable to incorporate new data sources and assessment models and 
assumptions. Assessment updates and operational stock assessments are 
more limited in this respect. They generally incorporate additional 
years of data into the previously accepted benchmark assessment model, 
with few modifications to the model or model assumptions.
    (iv) Compliance with National Standard 2. The SAW/SARC process for 
conducting peer review of scientific information for fishery management 
is fully compliant with the NS2 guidelines.
    (v) Transparency. SAW working group meetings, as well as the SARC 
peer review meetings, are open to the public. Dates and locations of 
these meetings are posted on a public NEFSC Web page well in advance, 
and peer review meetings are also announced in the Federal Register, 
and at public Council meetings. SAW working papers are made available 
on a public NEFSC Web page before, during, and after the peer review. 
Names of reviewers are posted online and paper copies of reports are 
available during peer reviews. A public comment period is scheduled on 
the SARC review meeting agenda. When the peer review is completed, 
published proceedings and reviewer reports are posted on public NEFSC 
Web pages (http://www.nefsc.noaa.gov/publications/ and http://www.nefsc.noaa.gov/saw/) and public presentations are given to the 
Councils. A detailed description of the SAW/SARC peer review process is 
available to the public at: http://www.nefsc.noaa.gov/saw/.

(2) Southeast Data, Assessment and Review (SEDAR)

    (i) Scope and objective. The Southeast Data, Assessment and Review 
(SEDAR) process has been jointly established by the NMFS Southeast 
Fisheries Science Center (SEFSC), NMFS Southeast Regional Office 
(SERO), Southeast Atlantic Fishery Management Council (SAFMC), Gulf of 
Mexico Fishery Management Council (GMFMC), and Caribbean Fishery 
Management Council (CFMC) to conduct the peer review of scientific 
information used for fishery management in the U.S. Southeast Atlantic, 
Gulf of Mexico, and Caribbean regions.
    (ii) Background. The SEDAR is overseen by the SEDAR Steering 
Committee, comprised of executive directors and chairs of the GMFMC, 
CFMC and SAFMC; executive directors of the Atlantic and Gulf States 
Marine Fisheries Commissions; the SERO Administrator; and chaired by 
the director of the SEFSC. SEDAR seeks improvements in the quantity and 
scientific quality of stock assessments to address existing and 
emerging fishery management issues. SEDAR emphasizes transparency in 
the assessment review process, and a rigorous and independent 
scientific review of completed stock assessments. A SEDAR review is 
organized as three workshops: (1) A data workshop where datasets are 
documented, analyzed, and reviewed and data for conducting assessment 
analyses are compiled; (2) an assessment workshop where quantitative 
population analyses are developed and refined and population parameters 
are estimated; and (3) a review workshop where a panel of independent 
experts reviews the data and assessment and advises on whether the 
assessment is of sufficient quality for use in fisheries management.
    (iii) Terms of reference. The terms of reference for conducting a 
peer review within the SEDAR process are established before the peer 
review by the SEFSC with the SAFMC, GMFMC, or CFMC and their SSCs.
    (iv) Compliance with National Standard 2. The SEDAR process for 
conducting peer review of scientific information for fishery management 
is fully compliant with the NS2 guidelines.
    (v) Transparency. All SEDAR workshops are open to the public. 
Public testimony is accepted in accordance with the Council Statement 
of Organization Practices and Procedures (SOPP). Workshop times and 
locations are announced in advance through the Federal Register. All 
SEDAR reports are posted on the SEDAR Web site and are hyperlinked to 
the respective Council(s) and the NMFS SERO and SEFSC Web sites. The 
SEDAR Web page is at http://www.sefsc.noaa.gov/sedar/. A detailed 
description of the SEDAR peer review process is publicly available at: 
http://www.sefsc.noaa.gov/sedar/download/D2c_RW%20panelist%20instructions.pdf?id=DOCUMENT.

(3) Stock Assessment Review (STAR)

    (i) Scope and objective. The Stock Assessment Review (STAR) process 
has been jointly established by the Pacific Fishery Management Council 
(PFMC), NMFS Southwest Fisheries Science

[[Page 54563]]

Center (SWFSC), NMFS Northwest Fisheries Science Center (NWFSC), and 
NMFS West Coast Region (WCR) to conduct the peer review of scientific 
information used for fishery management of Coastal Pelagic Species and 
Pacific Coast Groundfish in the Pacific region.
    (ii) Background. The STAR peer review process is primarily overseen 
by the PFMC's SSC and conducted in collaboration with the NWFSC and 
SWFSC. It is a transparent, rigorous and independent scientific peer 
review process designed to evaluate the technical merits of benchmark 
stock assessments and related scientific information. The STAR process 
allows the Council to make timely use of new fishery and survey data, 
ensure the stock assessments represent the best information for fishery 
management decisions and provide opportunity for public comment. STAR 
Panels are held early in the management process to ensure their 
recommendations are readily available for fishery management decision-
making. The relevant SSC subcommittees typically review updated and 
data-moderate assessments, although STAR panels may be used as needed.
    (iii) Terms of reference. The ToR for the Groundfish and Coastal 
Pelagic Species Stock Assessment and Stock Assessment Review Process is 
updated by the PFMC in partnership with NMFS. The ToR describes the 
STAR process and includes an overview of the stock assessment 
prioritization process, STAR Panel goals and objectives, roles and 
responsibilities of STAR participants, as well as a calendar of events 
with a list of deliverables for final approval by the Council. The ToR 
is publicly available on the PFMC's Web site.
    (iv) Compliance with National Standard 2. The STAR process for 
conducting peer review of scientific information for fishery management 
is fully compliant with the NS2 guidelines.
    (v) Transparency. STAR panel review meetings are open to the public 
and background materials are publicly available. Public testimony is 
accepted in accordance with the PFMC's Statement of Organization 
Practices and Procedures (SOPP). STAR Panel meeting times and locations 
are announced in advance through the Federal Register. STAR panel 
review reports are posted on the Council's Web site. More detailed 
information about the STAR process can be found on the Council's Web 
site at: http://www.pcouncil.org and its ToRs can be found at http://www.pcouncil.org/wp-content/uploads/Stock_Assessment_ToR_2013-14_Final.pdf.

(4) North Pacific Stock Assessment Review

    (i) Scope and objective. The North Pacific Stock Assessment Review 
(NPSAR) process has been jointly established by the NMFS Alaska 
Fisheries Science Center (AFSC), NMFS Alaska Regional Fisheries Office 
(AKRO), and North Pacific Fishery Management Council (NPFMC) to conduct 
the peer review of scientific information used for fishery management 
in the North Pacific region. The NPFMC's SSC reviews are the main 
scientific analyses that come before the Council for action, including 
stock assessment and fishery evaluation (SAFE) documents. The NPFMC's 
SSC has a set of guidelines that it uses specifically when reviewing 
SAFE documents.
    (ii) Background. The AFSC is responsible for stock assessments for 
about 25 species or species groups listed in the groundfish fishery 
management plan (FMP) for the Gulf of Alaska (GOA) and approximately 25 
species or species groups in the Bering Sea/Aleutian Islands FMP. The 
State of Alaska Department of Fish and Game (ADFG) has responsibility 
for one groundfish stock assessment in the GOA FMP and all assessment 
responsibility for Scallops. The AFSC and ADFG share assessment 
responsibilities for the 10 species in the Bering Sea crab FMP. 
Scientific recommendations for these living marine resources are 
provided by the NPFMC with various management authorities delegated to 
the State of Alaska for crab and scallop fisheries. The SAFE report is 
compiled by the Plan Teams (which are scientific review bodies specific 
to each FMP) with contributions that include individual stock 
assessment, economic, and ecosystem chapters from AFSC and ADFG. The 
SAFE is disseminated by the NPFMC and describes the condition and 
current status of these resources in addition to information that 
summarizes the ecosystem and economic status. The stock assessment, 
economic, and ecosystem chapters are subject to internal review before 
dissemination to the FMP Plan Teams and the Council's SSC. The 
information is provided to the NPFMC and ADFG to be used as the basis 
of their management decisions, which are subsequently approved by NMFS.
    The stock assessment process begins with an annual memo from the 
AFSC stock assessment supervisors to staff outlining the dates for 
completion of the stock assessment chapters for internal review and the 
list of internal reviewers for each assessment. Stock assessments 
authored by ADFG follow a similar process. After review and revision, 
the draft stock assessment chapters are released for pre-dissemination 
review by the NPFMC Plan Team. The Plan Teams review stock assessments 
and associated ecosystem and economic appendices, compile the SAFE 
reports and make recommendations to the SSC. The SSC reviews the SAFEs 
and the Plan Team recommendations and sets the fishing level 
recommendations for each stock. The members of the NPFMC SSC represent 
broad areas of scientific expertise to encompass the full range of 
expertise required to review analyses that come to the Council to aid 
in decision-making. SSC members are nominated by individuals or 
agencies and are appointed and re-appointed annually by the NPFMC. 
Review assignments are made by the SSC chair to ensure that members are 
not assigned to review work products of individuals in their chain of 
command. In addition to the normal schedule of assessment updates and 
reviews, a separate review schedule involving the CIE is maintained, 
with the goal of obtaining a CIE review of all stock assessments once 
every five years.
    (iii) Terms of reference. The ToRs for conducting a peer review 
within the NPSAR process is established before the peer review by the 
AFSC in conjunction with the NPFMC.
    (iv) Compliance with National Standard 2. The NPSAR process for 
conducting peer review of scientific information for fishery management 
is fully compliant with the NS2 guidelines.
    (v) Transparency. SAFE documents are made available to the Plan 
Team two weeks prior to the Plan Team meeting in which they are to be 
reviewed. The public is also given public access to these documents and 
are allowed to attend Plan Team and SSC meetings. Notification of Plan 
Team meetings is provided in the Federal Register. Similarly, all 
documents reviewed by the SSC are made available to the public. This 
includes SAFE documents and Plan Team reports provided to the SSC in 
advance of the meeting in which the SSC makes ABC/OFL recommendations. 
The SSC publicly presents the findings of its report to the NPFMC at 
its meeting. When the SSC is making ABC/OFL recommendations for 
groundfish, the SSC report also characterizes the nature of any public 
testimony provided to the SSC at its meeting. The final SAFE is also 
published on the NPFMC Web page. More detailed information for the 
North

[[Page 54564]]

Pacific Stock Assessment Review process is publicly available at: 
http://www.npfmc.org/wp-content/PDFdocuments/resources/SAFE/AFSCsafeReviewProcess.pdf.

(5) Western Pacific Stock Assessment Review (WPSAR)

    (i) Scope and objective. The Western Pacific Stock Assessment 
Review (WPSAR) process has been jointly established by the NMFS Pacific 
Islands Fisheries Science Center (PIFSC), NMFS Pacific Islands Regional 
Fisheries Office (PIRO), and Western Pacific Fishery Management Council 
(WPFMC) to conduct the peer review of scientific information used for 
fishery management in the Pacific Islands Region.
    (ii) Background. The WPSAR process was established to improve the 
quality and reliability of stock assessments for fishery resources in 
the Pacific Islands region. The process provides for rigorous and 
independent scientific review of stock assessments, and encourages 
constituent/stakeholder participation in stock assessment reviews. A 
five-year planning horizon is adopted to facilitate the timely 
execution of critical data collection activities, population dynamics 
model development, and stock evaluation exercises. The WPFMC, PIFSC and 
PIRO share the fiscal and logistical responsibilities of the WPSAR 
process. The WPFMC sponsors the review process, and PIFSC, PIRO and 
WPFMC staff coordinate and facilitate the review process in the 
Coordinating Committee. Specifically, the Coordinating Committee 
consults with the WPSAR Steering Committee, which is comprised of 
WPFMC, PIFSC, PIRO leadership, to develop the WPSAR schedule, prepare 
terms of reference, convene the review panels, and any other duties 
deemed pertinent by the Steering Committee. The WPSAR process adopts a 
three tier approach for the review and acceptance of stock assessment 
research products. The tiers differ in form, timing, scope, and panel 
membership, commensurate with the novelty and complexity of the 
information under review. Under Tier 1, CIE reviewers conduct 
independent peer reviews of new stock assessment methodologies and, in 
special circumstances, international stock assessments in accordance 
with the specified terms of reference. The application of new 
methodologies and benchmark assessments fall under Tier 2 which 
utilizes panel independent subject matter experts. Tier 3 is used for 
assessment updates, where only new data are added to an existing and 
approved assessment.
    The Coordinating Committee, in consultation with the WPSAR Steering 
Committee, identifies and selects expert panel members. The selected 
panel reviews the products in accordance with the associated terms of 
reference. A standing member of the Council's SSC will chair each WPSAR 
Tier 2 Review Panel and provide a summary report. Each individual 
reviewer produces and provides a report regarding their unique 
findings.
    (iii) Terms of reference. The terms of reference are developed 
before each review, and identify the specific assessment parameters to 
be addressed during that review.
    (iv) Compliance with National Standard 2. The WPSAR process for 
conducting peer review of scientific information for fishery management 
is fully compliant with the NS2 guidelines.
    Tier 1 reviews will be conducted by the CIE, in accordance with CIE 
protocols (http://ciereviews.org/). For Tier 2 reviews, the panel will 
consist of three to five experts, the exact size determined by the 
WPSAR Coordinators and approved by the Steering Committee. The Tier 2 
Review's Chair will be a standing member of the Council's SSC, and 
appointed by the Steering Committee. In addition, all reviewers must 
meet qualifications required for the peer review. The independent 
reviewers can come from the CIE, academia, or be nominated by the 
public. Reviewers will be selected in accordance with NS2 peer reviewer 
selection guidelines (50 CFR 600.315(b)(2) and (c)(2)), and in 
accordance NOAA's Conflict of Interest Policy. Like a Tier 2 panel, 
Tier 3 panels will consist of three to five experts, the exact size 
determined by the WPSAR Coordinators and approved by the Steering 
Committee. Under Tier 3 only, the Steering Committee may unanimously 
agree to a WPRFMC SSC/PIFSC-only review.
    (v) Transparency. All meetings are open to the public, and will be 
announced in the Federal Register with a minimum of 14 days before a 
review. More detailed information for the WPSAR process is publicly 
available at http://www.pifsc.noaa.gov/peer_reviews/wpsar/index.php.
    Other peer review processes. In addition to the peer review 
processes described above, NMFS uses other important peer review 
processes to ensure the use of the BSIA for fishery management 
decisions. While these processes provide critical peer review of 
scientific information, NMFS is not identifying them as jointly 
established peer review processes for purposes of MSA section 
302(g)(1)(E). Many of these other peer review processes are used in 
connection with transboundary and/or internationally-managed species 
under legal authorities other than the MSA. Examples include Atlantic 
tuna and tuna-like species managed pursuant to the International 
Convention for the Conservation of Atlantic Tuna; tropical Pacific tuna 
managed by the Inter-American Tropical Tuna Commission; Atlantic and 
Pacific salmon and Pacific hake/whiting, all managed in conjunction 
with Canada. Lack of inclusion on the list of MSA Sec.  302(g)(1)(E) 
peer review processes does not in any way diminish the integrity of 
those peer review processes or NMFS' confidence in and reliance on them 
for review of scientific information.

    Dated: August 10, 2016.
Ned Cyr,
Director, Office of Science and Technology, National Marine Fisheries 
Service.
[FR Doc. 2016-19522 Filed 8-15-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices                                           54561

                                                    subject to permitting, reporting and                    ACTION:Notice of regional peer review                 process under MSA 302(g)(1)(E), which
                                                    recordkeeping requirements under these                  processes.                                            may include existing committees or
                                                    three programs: Highly Migratory                                                                              panels, in the Federal Register. See 50
                                                    Species International Trade Program                     SUMMARY:    NMFS is providing notice of
                                                                                                                                                                  CFR 600.315(b)(4). This notice fulfills
                                                    (HMS), Antarctic Marine Living                          the regional peer review processes
                                                                                                                                                                  that requirement and is an affirmation
                                                    Resources Trade Monitoring Program                      established pursuant to the Magnuson-
                                                                                                                                                                  that the existing regional peer review
                                                    (AMR), and the Tuna Tacking and                         Stevens Fishery Conservation and
                                                                                                            Management Act (MSA). This notice                     processes jointly commissioned by the
                                                    Verification Program (TTVP). Importers,                                                                       Secretary and Council are consistent
                                                    exporters, shippers and customs brokers                 provides a summary of each regional
                                                                                                            peer review process which has been                    with widely accepted peer review
                                                    should note that the NMFS final rule,                                                                         standards and the NS2 guidelines,
                                                    effective September 20, 2016, requires                  jointly established by the Secretary and
                                                                                                            the relevant regional fishery                         including requirements for public
                                                    ACE or AES electronic filings for                                                                             transparency.
                                                    imports and exports, respectively,                      management council (Council) for
                                                    including the message set, International                review of scientific information used to                 The NS2 guidelines provide guidance
                                                    Fisheries Trade Permit (IFTP) check,                    advise the Council about the                          and standards to establish a 302(g)(1)(E)
                                                    and DIS submissions.                                    conservation and management of                        review process and adopts many of the
                                                       For information regarding imports of                 fisheries. It also directs the public to a            OMB Peer Review Bulletin standards.
                                                    fish products regulated by NMFS and                     Web page where detailed guidelines can                See 50 CFR 600.315(b). These standards
                                                    the data elements, forms and                            be found for each peer review process.                emphasize the importance of expert
                                                    documentation required by NMFS,                         NMFS and the Councils may update                      qualifications; balance in knowledge
                                                    importers and customs brokers should                    those guidelines as necessary.                        and perspectives; lack of conflicts of
                                                    consult the ITDS implementation                         DATES: Effective August 16, 2016.                     interest; independence from the work
                                                    guidelines for NMFS at: https://                        FOR FURTHER INFORMATION CONTACT:                      being reviewed; and transparency of the
                                                    www.cbp.gov/document/guidance/nmfs-                     William Michaels by phone 301–427–                    peer review process. The NS2
                                                    pga-message-set-guidelines. For exports,                8155, or by email: william.michaels@                  guidelines specify that the degree of
                                                    the PGA record formats are listed at:                   noaa.gov.                                             independence for a peer review may
                                                    https://www.cbp.gov/document/                           SUPPLEMENTARY INFORMATION: Section                    vary depending of the novelty,
                                                    guidance/aestir-draft-appendix-q-pga-                   301(a)(2) of the MSA specifies that                   controversy, and complexity of the
                                                    record-formats. The Appendix Q Record                   fishery conservation and management                   scientific information being reviewed.
                                                    Layout Key provides details how each                    measures shall be based upon the best                 For reviews requiring a high degree of
                                                    record should be structured: https://                   scientific information available. 16                  independence, the Center for
                                                    www.cbp.gov/document/guidance/                          U.S.C. 1851(a)(2). Section 302(g)(1)(E) of            Independent Experts (CIE) has often
                                                    appendix-q-record-layout-key.                           the MSA provides that the Secretary and               been used as an independent selection
                                                       NMFS Office of International Affairs                 each Council may establish a peer
                                                    and Seafood Inspection will host two                                                                          process for obtaining highly qualified
                                                                                                            review process for that Council for                   experts to participate on review panels.
                                                    public webinar meetings on August 18,                   scientific information used to advise the
                                                    2016 and September 1, 2016, 2:30 p.m.–                                                                        Further information on CIE and NS2 is
                                                                                                            Council about the conservation and                    available at: https://
                                                    4:00 p.m. Eastern, to inform interested                 management of the fishery. 16 U.S.C.
                                                    stakeholders about this regulation and                                                                        www.st.nmfs.noaa.gov/science-quality-
                                                                                                            1852(g)(1)(E). Section 301(b) of the MSA
                                                    its implementation. Instructions on how                                                                       assurance/index. The NS2 guidelines
                                                                                                            states that the Secretary [of Commerce]
                                                    to join the webinars are provided at the                                                                      also provide guidance on participation
                                                                                                            shall establish advisory guidelines
                                                    following internet link: http://                        (which shall not have the force and                   in the peer review process by members
                                                    www.nmfs.noaa.gov/ia/slider_stories/                    effect of law), based on national                     of the Council’s Scientific and
                                                    2016/07/08022016_itds_final_rule.html.                  standards, to assist in the development               Statistical Committee (SSC). This notice
                                                      Dated: August 10, 2016.                               of fishery management plans. 16 U.S.C.                provides links to publicly available Web
                                                    John Henderschedt,                                      1851(b). These national standards                     pages that set forth detailed guidelines
                                                                                                            include National Standard 2 (NS2),                    for each 302(g)(1)(E) peer review
                                                    Director, Office for International Affairs and
                                                    Seafood Inspection, National Marine                     which provides guidance on the best                   process. The guidelines may be updated
                                                    Fisheries Service.                                      scientific information available (BSIA)               as necessary and appropriate to improve
                                                    [FR Doc. 2016–19458 Filed 8–15–16; 8:45 am]             standard, including guidance on                       the review processes. Although not
                                                    BILLING CODE 3510–22–P                                  standards for establishing a peer review              within the scope of this notice, there are
                                                                                                            process per MSA section 302(g)(1)(E).                 other important processes, including
                                                                                                            The NS2 guidelines appear at 50 CFR                   peer review, that are used by NMFS to
                                                    DEPARTMENT OF COMMERCE                                  600.315.                                              inform fishery conservation and
                                                                                                               The decision to establish a                        management that are not jointly
                                                    National Oceanic and Atmospheric                        302(g)(1)(E) peer review process is a                 established by the Secretary and
                                                    Administration                                          joint decision made by the Secretary                  Council pursuant to section 302(g)(1)(E),
                                                                                                            and a Council. If the Secretary and a                 such as peer reviews pertaining to
                                                    RIN 0648–XE668                                          Council establish such a process, it will             scientific information supporting
                                                                                                            be deemed to satisfy the requirements of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Magnuson-Stevens Act Provisions;                                                                              international fisheries management
                                                    National Standard 2—Scientific                          the Information Quality Act (44 U.S.C.                agreements.
                                                    Information; Regional Peer Review                       3516), including the Office of
                                                                                                            Management and Budget (OMB) Final                        Description of Regional Peer Review
                                                    Processes                                                                                                     Processes. Five regional peer review
                                                                                                            Information Quality Bulletin for Peer
                                                    AGENCY:  National Marine Fisheries                      Review (70 FR 2664, January 14, 2005).                processes have been established jointly
                                                    Service (NMFS); National Oceanic and                    16 U.S.C. 1852(g)(1)(E). Under the NS2                by the Secretary and Councils pursuant
                                                    Atmospheric Administration (NOAA);                      guidelines, the Secretary will announce               to MSA section 302(g)(1)(E); an
                                                    Commerce.                                               the establishment of a peer review                    overview of each is provided below.


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                                                    54562                        Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices

                                                    (1) Stock Assessment Workshop/Stock                     assessments are developed by the                         (ii) Background. The SEDAR is
                                                    Assessment Review Committee (SAW/                       NEFSC in consultation with NRCC                       overseen by the SEDAR Steering
                                                    SARC)                                                   members, and with final approval by the               Committee, comprised of executive
                                                       (i) Scope and objective. The Stock                   NRCC. Benchmark stock assessments                     directors and chairs of the GMFMC,
                                                    Assessment Workshop/Stock                               undergo a higher degree of peer review                CFMC and SAFMC; executive directors
                                                    Assessment Review Committee (SAW/                       than stock assessment updates and                     of the Atlantic and Gulf States Marine
                                                    SARC) process has been jointly                          operational stock assessments. In                     Fisheries Commissions; the SERO
                                                    established by the NMFS Northeast                       benchmark assessments, it is acceptable               Administrator; and chaired by the
                                                    Fisheries Science Center (NEFSC),                       to incorporate new data sources and                   director of the SEFSC. SEDAR seeks
                                                    NMFS Greater Atlantic Regional                          assessment models and assumptions.                    improvements in the quantity and
                                                    Fisheries Office (GARFO), New England                   Assessment updates and operational                    scientific quality of stock assessments to
                                                    Fishery Management Council (NEFMC),                     stock assessments are more limited in                 address existing and emerging fishery
                                                                                                            this respect. They generally incorporate              management issues. SEDAR emphasizes
                                                    Mid-Atlantic Fishery Management
                                                                                                            additional years of data into the                     transparency in the assessment review
                                                    Council (MAFMC), and Atlantic States
                                                                                                            previously accepted benchmark                         process, and a rigorous and independent
                                                    Marine Fisheries Commission (ASMFC)
                                                                                                            assessment model, with few                            scientific review of completed stock
                                                    to conduct the peer review of scientific
                                                                                                            modifications to the model or model                   assessments. A SEDAR review is
                                                    stock assessment information used for
                                                                                                            assumptions.                                          organized as three workshops: (1) A data
                                                    fishery management in the Northeast                       (iv) Compliance with National                       workshop where datasets are
                                                    and Mid-Atlantic regions.                               Standard 2. The SAW/SARC process for                  documented, analyzed, and reviewed
                                                       (ii) Background. The Stock
                                                                                                            conducting peer review of scientific                  and data for conducting assessment
                                                    Assessment Workshop (SAW) is a
                                                                                                            information for fishery management is                 analyses are compiled; (2) an
                                                    formal scientific peer-review process for               fully compliant with the NS2                          assessment workshop where
                                                    evaluating and presenting stock                         guidelines.                                           quantitative population analyses are
                                                    assessment results to managers in the                     (v) Transparency. SAW working                       developed and refined and population
                                                    Northeast and Mid-Atlantic regions. The                 group meetings, as well as the SARC                   parameters are estimated; and (3) a
                                                    SAW protocol is used to prepare and                     peer review meetings, are open to the                 review workshop where a panel of
                                                    review assessments for fish and                         public. Dates and locations of these                  independent experts reviews the data
                                                    invertebrate stocks in the offshore U.S.                meetings are posted on a public NEFSC                 and assessment and advises on whether
                                                    waters of the northwest Atlantic Ocean.                 Web page well in advance, and peer                    the assessment is of sufficient quality
                                                    Assessments are prepared by SAW                         review meetings are also announced in                 for use in fisheries management.
                                                    working groups (federally led                           the Federal Register, and at public                      (iii) Terms of reference. The terms of
                                                    assessments) or ASMFC technical                         Council meetings. SAW working papers                  reference for conducting a peer review
                                                    assessment committees (state led                        are made available on a public NEFSC                  within the SEDAR process are
                                                    assessments) and peer reviewed by an                    Web page before, during, and after the                established before the peer review by
                                                    independent panel of stock assessment                   peer review. Names of reviewers are                   the SEFSC with the SAFMC, GMFMC,
                                                    experts called the Stock Assessment                     posted online and paper copies of                     or CFMC and their SSCs.
                                                    Review Committee (SARC) to determine                    reports are available during peer                        (iv) Compliance with National
                                                    the adequacy of benchmark stock                         reviews. A public comment period is                   Standard 2. The SEDAR process for
                                                    assessments for providing a scientific                  scheduled on the SARC review meeting                  conducting peer review of scientific
                                                    basis for fisheries management. SARC                    agenda. When the peer review is                       information for fishery management is
                                                    panels are typically composed of a                      completed, published proceedings and                  fully compliant with the NS2
                                                    chair, who is selected from the New                     reviewer reports are posted on public                 guidelines.
                                                    England or Mid-Atlantic Council’s SSC,                  NEFSC Web pages (http://                                 (v) Transparency. All SEDAR
                                                    and experts selected by the CIE.                        www.nefsc.noaa.gov/publications/ and                  workshops are open to the public.
                                                    Published SAW assessment reports                        http://www.nefsc.noaa.gov/saw/) and                   Public testimony is accepted in
                                                    reflect the written decisions and                       public presentations are given to the                 accordance with the Council Statement
                                                    conclusions of the SARC panel                           Councils. A detailed description of the               of Organization Practices and
                                                    regarding each of the assessment Terms                  SAW/SARC peer review process is                       Procedures (SOPP). Workshop times
                                                    of Reference (ToR). The SAW/SARC                        available to the public at: http://                   and locations are announced in advance
                                                    process is overseen by the Northeast                    www.nefsc.noaa.gov/saw/.                              through the Federal Register. All
                                                    Region Coordinating Council (NRCC).                                                                           SEDAR reports are posted on the
                                                    The NRCC includes high level                            (2) Southeast Data, Assessment and
                                                                                                                                                                  SEDAR Web site and are hyperlinked to
                                                    representatives from the NEFSC,                         Review (SEDAR)
                                                                                                                                                                  the respective Council(s) and the NMFS
                                                    GARFO, MAFMC, NEFMC, and ASMFC.                           (i) Scope and objective. The Southeast              SERO and SEFSC Web sites. The
                                                    The NEFSC Science and Research                          Data, Assessment and Review (SEDAR)                   SEDAR Web page is at http://
                                                    Director and the NRCC are directly                      process has been jointly established by               www.sefsc.noaa.gov/sedar/. A detailed
                                                    involved with assessment scheduling.                    the NMFS Southeast Fisheries Science                  description of the SEDAR peer review
                                                    Peer reviewed assessment results and                    Center (SEFSC), NMFS Southeast                        process is publicly available at: http://
                                                    reports from the SARC review panel are                  Regional Office (SERO), Southeast                     www.sefsc.noaa.gov/sedar/download/
                                                    provided to the relevant Council’s                      Atlantic Fishery Management Council
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  D2c_RW%20panelist%20
                                                    Technical Teams, and the SSC for use                    (SAFMC), Gulf of Mexico Fishery                       instructions.pdf?id=DOCUMENT.
                                                    in making fishing level                                 Management Council (GMFMC), and
                                                    recommendations to the Councils.                        Caribbean Fishery Management Council                  (3) Stock Assessment Review (STAR)
                                                       (iii) Terms of reference. Peer reviewer              (CFMC) to conduct the peer review of                    (i) Scope and objective. The Stock
                                                    selection takes into consideration                      scientific information used for fishery               Assessment Review (STAR) process has
                                                    qualifications of experts, balance of                   management in the U.S. Southeast                      been jointly established by the Pacific
                                                    perspective, conflict of interest, and                  Atlantic, Gulf of Mexico, and Caribbean               Fishery Management Council (PFMC),
                                                    independence. ToRs for stock                            regions.                                              NMFS Southwest Fisheries Science


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                                                                                 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices                                           54563

                                                    Center (SWFSC), NMFS Northwest                          content/uploads/Stock_Assessment_                     review and the list of internal reviewers
                                                    Fisheries Science Center (NWFSC), and                   ToR_2013-14_Final.pdf.                                for each assessment. Stock assessments
                                                    NMFS West Coast Region (WCR) to                                                                               authored by ADFG follow a similar
                                                                                                            (4) North Pacific Stock Assessment
                                                    conduct the peer review of scientific                                                                         process. After review and revision, the
                                                                                                            Review
                                                    information used for fishery                                                                                  draft stock assessment chapters are
                                                    management of Coastal Pelagic Species                      (i) Scope and objective. The North                 released for pre-dissemination review
                                                    and Pacific Coast Groundfish in the                     Pacific Stock Assessment Review                       by the NPFMC Plan Team. The Plan
                                                    Pacific region.                                         (NPSAR) process has been jointly                      Teams review stock assessments and
                                                       (ii) Background. The STAR peer                       established by the NMFS Alaska                        associated ecosystem and economic
                                                    review process is primarily overseen by                 Fisheries Science Center (AFSC), NMFS                 appendices, compile the SAFE reports
                                                    the PFMC’s SSC and conducted in                         Alaska Regional Fisheries Office                      and make recommendations to the SSC.
                                                    collaboration with the NWFSC and                        (AKRO), and North Pacific Fishery                     The SSC reviews the SAFEs and the
                                                    SWFSC. It is a transparent, rigorous and                Management Council (NPFMC) to                         Plan Team recommendations and sets
                                                    independent scientific peer review                      conduct the peer review of scientific                 the fishing level recommendations for
                                                    process designed to evaluate the                        information used for fishery                          each stock. The members of the NPFMC
                                                    technical merits of benchmark stock                     management in the North Pacific region.               SSC represent broad areas of scientific
                                                    assessments and related scientific                      The NPFMC’s SSC reviews are the main                  expertise to encompass the full range of
                                                    information. The STAR process allows                    scientific analyses that come before the              expertise required to review analyses
                                                    the Council to make timely use of new                   Council for action, including stock                   that come to the Council to aid in
                                                    fishery and survey data, ensure the                     assessment and fishery evaluation                     decision-making. SSC members are
                                                    stock assessments represent the best                    (SAFE) documents. The NPFMC’s SSC                     nominated by individuals or agencies
                                                    information for fishery management                      has a set of guidelines that it uses                  and are appointed and re-appointed
                                                    decisions and provide opportunity for                   specifically when reviewing SAFE                      annually by the NPFMC. Review
                                                                                                            documents.                                            assignments are made by the SSC chair
                                                    public comment. STAR Panels are held
                                                                                                               (ii) Background. The AFSC is                       to ensure that members are not assigned
                                                    early in the management process to
                                                                                                            responsible for stock assessments for                 to review work products of individuals
                                                    ensure their recommendations are                        about 25 species or species groups listed
                                                    readily available for fishery                                                                                 in their chain of command. In addition
                                                                                                            in the groundfish fishery management                  to the normal schedule of assessment
                                                    management decision-making. The                         plan (FMP) for the Gulf of Alaska (GOA)
                                                    relevant SSC subcommittees typically                                                                          updates and reviews, a separate review
                                                                                                            and approximately 25 species or species               schedule involving the CIE is
                                                    review updated and data-moderate                        groups in the Bering Sea/Aleutian
                                                    assessments, although STAR panels may                                                                         maintained, with the goal of obtaining a
                                                                                                            Islands FMP. The State of Alaska                      CIE review of all stock assessments once
                                                    be used as needed.                                      Department of Fish and Game (ADFG)
                                                       (iii) Terms of reference. The ToR for                                                                      every five years.
                                                                                                            has responsibility for one groundfish                   (iii) Terms of reference. The ToRs for
                                                    the Groundfish and Coastal Pelagic                      stock assessment in the GOA FMP and                   conducting a peer review within the
                                                    Species Stock Assessment and Stock                      all assessment responsibility for                     NPSAR process is established before the
                                                    Assessment Review Process is updated                    Scallops. The AFSC and ADFG share                     peer review by the AFSC in conjunction
                                                    by the PFMC in partnership with NMFS.                   assessment responsibilities for the 10                with the NPFMC.
                                                    The ToR describes the STAR process                      species in the Bering Sea crab FMP.                     (iv) Compliance with National
                                                    and includes an overview of the stock                   Scientific recommendations for these                  Standard 2. The NPSAR process for
                                                    assessment prioritization process, STAR                 living marine resources are provided by               conducting peer review of scientific
                                                    Panel goals and objectives, roles and                   the NPFMC with various management                     information for fishery management is
                                                    responsibilities of STAR participants, as               authorities delegated to the State of                 fully compliant with the NS2
                                                    well as a calendar of events with a list                Alaska for crab and scallop fisheries.                guidelines.
                                                    of deliverables for final approval by the               The SAFE report is compiled by the                      (v) Transparency. SAFE documents
                                                    Council. The ToR is publicly available                  Plan Teams (which are scientific review               are made available to the Plan Team two
                                                    on the PFMC’s Web site.                                 bodies specific to each FMP) with                     weeks prior to the Plan Team meeting
                                                       (iv) Compliance with National                        contributions that include individual                 in which they are to be reviewed. The
                                                    Standard 2. The STAR process for                        stock assessment, economic, and                       public is also given public access to
                                                    conducting peer review of scientific                    ecosystem chapters from AFSC and                      these documents and are allowed to
                                                    information for fishery management is                   ADFG. The SAFE is disseminated by the                 attend Plan Team and SSC meetings.
                                                    fully compliant with the NS2                            NPFMC and describes the condition and                 Notification of Plan Team meetings is
                                                    guidelines.                                             current status of these resources in                  provided in the Federal Register.
                                                       (v) Transparency. STAR panel review                  addition to information that summarizes               Similarly, all documents reviewed by
                                                    meetings are open to the public and                     the ecosystem and economic status. The                the SSC are made available to the
                                                    background materials are publicly                       stock assessment, economic, and                       public. This includes SAFE documents
                                                    available. Public testimony is accepted                 ecosystem chapters are subject to                     and Plan Team reports provided to the
                                                    in accordance with the PFMC’s                           internal review before dissemination to               SSC in advance of the meeting in which
                                                    Statement of Organization Practices and                 the FMP Plan Teams and the Council’s                  the SSC makes ABC/OFL
                                                    Procedures (SOPP). STAR Panel                           SSC. The information is provided to the               recommendations. The SSC publicly
                                                    meeting times and locations are                         NPFMC and ADFG to be used as the                      presents the findings of its report to the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    announced in advance through the                        basis of their management decisions,                  NPFMC at its meeting. When the SSC is
                                                    Federal Register. STAR panel review                     which are subsequently approved by                    making ABC/OFL recommendations for
                                                    reports are posted on the Council’s Web                 NMFS.                                                 groundfish, the SSC report also
                                                    site. More detailed information about                      The stock assessment process begins                characterizes the nature of any public
                                                    the STAR process can be found on the                    with an annual memo from the AFSC                     testimony provided to the SSC at its
                                                    Council’s Web site at: http://                          stock assessment supervisors to staff                 meeting. The final SAFE is also
                                                    www.pcouncil.org and its ToRs can be                    outlining the dates for completion of the             published on the NPFMC Web page.
                                                    found at http://www.pcouncil.org/wp-                    stock assessment chapters for internal                More detailed information for the North


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                                                    54564                        Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices

                                                    Pacific Stock Assessment Review                            The Coordinating Committee, in                     MSA section 302(g)(1)(E). Many of these
                                                    process is publicly available at: http://               consultation with the WPSAR Steering                  other peer review processes are used in
                                                    www.npfmc.org/wp-content/                               Committee, identifies and selects expert              connection with transboundary and/or
                                                    PDFdocuments/resources/SAFE/                            panel members. The selected panel                     internationally-managed species under
                                                    AFSCsafeReviewProcess.pdf.                              reviews the products in accordance with               legal authorities other than the MSA.
                                                                                                            the associated terms of reference. A                  Examples include Atlantic tuna and
                                                    (5) Western Pacific Stock Assessment
                                                                                                            standing member of the Council’s SSC                  tuna-like species managed pursuant to
                                                    Review (WPSAR)
                                                                                                            will chair each WPSAR Tier 2 Review                   the International Convention for the
                                                       (i) Scope and objective. The Western                 Panel and provide a summary report.                   Conservation of Atlantic Tuna; tropical
                                                    Pacific Stock Assessment Review                         Each individual reviewer produces and                 Pacific tuna managed by the Inter-
                                                    (WPSAR) process has been jointly                        provides a report regarding their unique              American Tropical Tuna Commission;
                                                    established by the NMFS Pacific Islands                 findings.                                             Atlantic and Pacific salmon and Pacific
                                                    Fisheries Science Center (PIFSC), NMFS                     (iii) Terms of reference. The terms of             hake/whiting, all managed in
                                                    Pacific Islands Regional Fisheries Office               reference are developed before each                   conjunction with Canada. Lack of
                                                    (PIRO), and Western Pacific Fishery                     review, and identify the specific                     inclusion on the list of MSA
                                                    Management Council (WPFMC) to                           assessment parameters to be addressed                 § 302(g)(1)(E) peer review processes
                                                    conduct the peer review of scientific                   during that review.                                   does not in any way diminish the
                                                    information used for fishery                               (iv) Compliance with National                      integrity of those peer review processes
                                                    management in the Pacific Islands                       Standard 2. The WPSAR process for                     or NMFS’ confidence in and reliance on
                                                    Region.                                                 conducting peer review of scientific                  them for review of scientific
                                                       (ii) Background. The WPSAR process                   information for fishery management is                 information.
                                                    was established to improve the quality                  fully compliant with the NS2
                                                    and reliability of stock assessments for                guidelines.                                             Dated: August 10, 2016.
                                                    fishery resources in the Pacific Islands                   Tier 1 reviews will be conducted by                Ned Cyr,
                                                    region. The process provides for                        the CIE, in accordance with CIE                       Director, Office of Science and Technology,
                                                    rigorous and independent scientific                     protocols (http://ciereviews.org/). For               National Marine Fisheries Service.
                                                    review of stock assessments, and                        Tier 2 reviews, the panel will consist of             [FR Doc. 2016–19522 Filed 8–15–16; 8:45 am]
                                                    encourages constituent/stakeholder                      three to five experts, the exact size                 BILLING CODE 3510–22–P
                                                    participation in stock assessment                       determined by the WPSAR Coordinators
                                                    reviews. A five-year planning horizon is                and approved by the Steering
                                                    adopted to facilitate the timely                        Committee. The Tier 2 Review’s Chair                  DEPARTMENT OF COMMERCE
                                                    execution of critical data collection                   will be a standing member of the
                                                    activities, population dynamics model                   Council’s SSC, and appointed by the                   Patent and Trademark Office
                                                    development, and stock evaluation                       Steering Committee. In addition, all
                                                    exercises. The WPFMC, PIFSC and PIRO                    reviewers must meet qualifications                    [Docket No.: PTO–P–2016–0024]
                                                    share the fiscal and logistical                         required for the peer review. The
                                                    responsibilities of the WPSAR process.                  independent reviewers can come from                   Changes in Accelerated Examination
                                                    The WPFMC sponsors the review                           the CIE, academia, or be nominated by                 Practice
                                                    process, and PIFSC, PIRO and WPFMC                      the public. Reviewers will be selected in
                                                                                                                                                                  AGENCY: United States Patent and
                                                    staff coordinate and facilitate the review              accordance with NS2 peer reviewer
                                                                                                                                                                  Trademark Office, Commerce.
                                                    process in the Coordinating Committee.                  selection guidelines (50 CFR
                                                    Specifically, the Coordinating                          600.315(b)(2) and (c)(2)), and in                     ACTION: Notice.
                                                    Committee consults with the WPSAR                       accordance NOAA’s Conflict of Interest                SUMMARY:   In 2006, the United States
                                                    Steering Committee, which is comprised                  Policy. Like a Tier 2 panel, Tier 3 panels            Patent and Trademark Office (USPTO or
                                                    of WPFMC, PIFSC, PIRO leadership, to                    will consist of three to five experts, the            Office) introduced the accelerated
                                                    develop the WPSAR schedule, prepare                     exact size determined by the WPSAR                    examination program to permit an
                                                    terms of reference, convene the review                  Coordinators and approved by the                      application to be advanced out of turn
                                                    panels, and any other duties deemed                     Steering Committee. Under Tier 3 only,                if the applicant files a grantable petition
                                                    pertinent by the Steering Committee.                    the Steering Committee may                            under the program. Since its institution,
                                                    The WPSAR process adopts a three tier                   unanimously agree to a WPRFMC SSC/                    the patent landscape has witnessed
                                                    approach for the review and acceptance                  PIFSC-only review.                                    numerous legal changes such as the
                                                    of stock assessment research products.                     (v) Transparency. All meetings are
                                                    The tiers differ in form, timing, scope,                                                                      America Invents Act (AIA), the Patent
                                                                                                            open to the public, and will be
                                                    and panel membership, commensurate                                                                            Law Treaties Implementation Act
                                                                                                            announced in the Federal Register with
                                                    with the novelty and complexity of the                                                                        (PLTIA) implementing the provisions of
                                                                                                            a minimum of 14 days before a review.
                                                    information under review. Under Tier 1,                                                                       the Patent Law Treaty (PLT), and the
                                                                                                            More detailed information for the
                                                    CIE reviewers conduct independent                                                                             USPTO’s adoption of the Cooperative
                                                                                                            WPSAR process is publicly available at
                                                    peer reviews of new stock assessment                                                                          Patent Classification system (CPC) along
                                                                                                            http://www.pifsc.noaa.gov/peer_
                                                    methodologies and, in special                                                                                 with changes to USPTO systems.
                                                                                                            reviews/wpsar/index.php.
                                                    circumstances, international stock                         Other peer review processes. In                    Accordingly, the Office is updating the
                                                    assessments in accordance with the                      addition to the peer review processes                 accelerated examination program to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    specified terms of reference. The                       described above, NMFS uses other                      reflect these changes in the law and
                                                    application of new methodologies and                    important peer review processes to                    examination practice.
                                                    benchmark assessments fall under Tier                   ensure the use of the BSIA for fishery                DATES: Effective on August 16, 2016.
                                                    2 which utilizes panel independent                      management decisions. While these                     FOR FURTHER INFORMATION CONTACT:
                                                    subject matter experts. Tier 3 is used for              processes provide critical peer review of             Pinchus M. Laufer, Senior Legal Advisor
                                                    assessment updates, where only new                      scientific information, NMFS is not                   ((571) 272 7726) or Matthew Sked, Legal
                                                    data are added to an existing and                       identifying them as jointly established               Advisor ((571) 272–7627), Office of
                                                    approved assessment.                                    peer review processes for purposes of                 Patent Legal Administration, Office of


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Document Created: 2016-08-16 03:20:09
Document Modified: 2016-08-16 03:20:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of regional peer review processes.
DatesEffective August 16, 2016.
ContactWilliam Michaels by phone 301-427- 8155, or by email: [email protected]
FR Citation81 FR 54561 
RIN Number0648-XE66

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