Peer Review of Scientific Information

Amended Designation of Critical Habitat for the Wintering Population of the Piping Plover in North Carolina

About the Document

Title:  Proposed Amended Designation of Critical Habitat for the Wintering Population of the Piping Plover (Charadrius melodus) in North Carolina.

Purpose:  On June 12, 2006, the U.S. Fish and Wildlife Service (Service) published a proposed rule in the Federal Register to designate amended critical habitat for the wintering population of the piping plover in North Carolina (71 FR 33703), revising the original (2001) designation for the species (66 FR 36038).  The proposal to designate critical habitat for the wintering population of the piping plover in North Carolina is conducted pursuant to section 4 of the Endangered Species Act of 1973, as amended (Act).

The proposed rule contained, by reference, information on the life history of the piping plover, threats to the species, and the primary constituent elements for the species.  The proposed rule also contained descriptions of areas, totaling about 1,827 acres (ac) (739 hectares (ha)) in Dare and Hyde counties, North Carolina, proposed for inclusion in critical habitat designation.  The proposed critical habitat areas contain a contiguous mix of intertidal beaches and sand and/or mud flats (between annual low tide and annual high tide) with no or very sparse emergent vegetation, and adjacent areas of unvegetated or sparsely vegetated dune systems and sand and/or mud flats above annual high tide.

The proposed rule was open for public comment between June 12, 2006, and August 11, 2006; however, the proposed rule did not include information on the economic analysis or the environmental assessment.  The availability of a draft economic analysis and environmental assessment for the proposed critical habitat designation will be announced in early 2007.  The public comment period will be reopened at that time to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis and environmental assessment. 

About the Peer Review Process

Type of Review:  Influential

Date of Peer Review:  Initial peer review occurred in July and August 2006.

Estimated Dissemination Date of the Final Rulemaking Document:  We anticipate that the final rule to designate critical habitat for the wintering population of the piping plover in North Carolina will be published in June 2007.

Process:  The Service’s Raleigh Ecological Services Office developed a list of independent, scientific peer reviewers from universities, organizations, and agencies, including researchers, managers, and species experts.  Peer reviewers were selected based on their knowledge of conservation biology, shorebird conservation and management, ecology and natural history of the piping plover, essential habitat components of the wintering population of the piping plover, threats to the piping plover, and key areas in the distribution of the wintering population of the piping plover. 

The Service made formal requests for peer review to two independent biologists based on their knowledge and experience with piping plover.  Requests were also sent to affiliates of Audubon North Carolina, North Carolina State University, Virginia Tech University, Massachusetts Division of Fisheries and Wildlife, and the Canadian Wildlife Service.  A total of eight potential reviewers were contacted; four were able to review and provide comment at that time.  Copies of the proposed rule were provided to those four peer reviewers for their review and comment during the first comment period on the proposed rule.  Peer review of the scientific information used in our analysis and the validity of the data was requested.  The Service will use the information received from the peer review, as appropriate, in the conclusions and recommendations for the designation of critical habitat for the wintering population of the piping plover.

About Public Participation

The availability of the rule was announced through the Federal Register, news releases, mailings, and through Service websites with solicitations for public comment.  A public comment period for the proposed rule was held from June 12, 2006 to August 11, 2006.  The proposed rule and associated information is available on the Service’s website at http://www.fws.gov/nc-es.

A second public review period will open for 60 days following the announcement of the availability of the draft economic analysis and environmental assessment, estimated in early 2007 and will include the proposed rule as well.  A public hearing will be held in Buxton, North Carolina, in early 2007 following the announcement of the availability of the draft economic analysis and environmental assessment. 

The Service will publish a notice in the Federal Register regarding the decision on the designation of critical habitat for the wintering population of the piping plover in North Carolina, including a summary of the results of the peer review.  This peer review plan is made available on this website to allow the public to monitor our compliance with the Office of Management and Budget’s Final Information Quality Bulletin for Peer Review.

Contact: 
David Rabon, U.S. Fish and Wildlife Service, Raleigh Ecological Services Office, 919-856-4520 ext. 16