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Caribbean Fishery Management Council, Scientific and Statistical Committee Practices and Procedures Concerning Objectivity and Conflicts of Interest The Magnuson-Stevens Fishery Conservation and Management Act (MSA) requires each fishery management council to establish, maintain, and appoint members of a scientific and statistical committee (SSC) “to assist it in the development, collection, evaluation, and peer review of such statistical, biological, economic, social, and other scientific information as is relevant to such Council’s development and amendment of any fishery management plan.”1 The MSA further provides that “[e]ach scientific and statistical committee shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for acceptable biological catch, preventing overfishing, maximum sustainable yield, and achieving rebuilding targets, and reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices.”2 The SSC, therefore, plays an important role in the Council’s efforts to develop conservation and management measures that are consistent with the national standards for fishery management, including in particular National Standard 2 (NS2). NS2 states that “[c]onservation and management measures shall be based on the best scientific information available.”3 The SSC assists the Council in identifying the best scientific information available (BSIA) and provides advice and recommendations based on BSIA.4 In fulfilling its role as the Council’s scientific advisory committee, the SSC must ensure that its deliberations, advice, and recommendations are clear and well-reasoned. While the MSA does not explicitly address SSC member conflicts of interest, per the National Standard 2 guidelines, SSC members must disclose and avoid financial or other conflicts of interest when conducting a formal peer review, and the Council believes there is value to having SSC members do the same when identifying BSIA or otherwise making recommendations to the Council. This document summarizes the role of the SSC in providing scientific advice for management decisions, as set forth in the MSA and applicable guidance and regulations. Based on applicable law and guidance, this document outlines best practices to prevent financial or other 1 MSA 302(g)(1)(A), 16 U.S.C. 1852(g)(1)(A). 2 MSA 302(g)(1)(B), 16 U.S.C. 1852(g)(1)(B); see also 50 CFR 600.315(c). 3 MSA 301(a)(2), 16 U.S.C. 1851(a)(2). 4 50 CFR 600.315(c)(1).
Note that although the SSC helps identify and ensure that conservation and management measures are based on BSIA, it ultimately is NMFS’s responsibility to approve conservation and management measures and certify that the decisions are consistent with BSIA. As part of that process, NMFS will evaluate and use the SSC’s recommendations and other information, as appropriate. See NMFS Procedure 01-101-10, NOAA Fisheries Framework for Determining that Stock Status Determinations and Catch Specifications are Based on the Best Scientific Information Available, effective May 7, 2019, at 2, available at https://media.fisheries.noaa.gov/dam-migration/01-101-10.pdf.
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