[Federal Register: May 28, 1999 (Volume 64, Number 103)]
[Notices]               
[Page 29055-29063]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my99-104]
 
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DEPARTMENT OF THE INTERIOR
 
Fish and Wildlife Service
 
 
Privacy Act of 1974; as Amended; Amendment to a Systems of 
Records
 
AGENCY: Fish and Wildlife Service, Interior.
 
ACTION: Proposed minor revisions to existing systems of records.
 
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SUMMARY: The U.S. Fish and Wildlife Service conducted a review of its 
Privacy Act systems pursuant to the provisions of the Privacy Act of 
1974, as amended (5 U.S.C. 552a), and the President's May 14, 1998, 
memorandum concerning Personal Information in Federal Records. As a 
result of their own review, they found nine of the U.S. Fish and 
Wildlife Service's Privacy Act system of records required minor 
revisions.
 
DATES: These actions will be effective on May 28, 1999.
 
FOR FURTHER INFORMATION CONTACT: Mr. Johnny R. Hunt, Service Privacy 
Act Officer, U.S. Fish and Wildlife Service, Phone: 703/358-1730, email 
(Johnny__Hunt@fws.gov) or by writing to the following address: U.S. 
Fish and Wildlife Service, Privacy Act Officer, Mail Stop 222 Arlington 
Square Building, Arlington, Virginia 22203
 
SUPPLEMENTARY INFORMATION: We list the eight systems of records below 
which the U.S. Fish and Wildlife Service revised and a brief 
explanation of the minor revisions which they made. Following that 
information, we attached the eight revised Privacy Act system notices.
    ``Tort Claims Records--Interior, FWS-4'' previously published in 
the Federal Register on December 6, 1983 (48 FR 54715):
    (1) We added the regional contracting offices to the list of system 
managers.
    (2) We converted the notice to plain language to implement the 
President's memorandum of June 1, 1998, requiring the use of plain 
language in Government writing.
    ``National Wildlife Refuge Special Use Permits--Interior, FWS-5'' 
previously published in the Federal Register on December 6, 1983 (48 FR 
54716):
    (1) We changed the name of the system manager to reflect that 
office's current title.
    (2) We converted the notice to plain language to implement the 
President's memorandum of June 1, 1998, requiring the use of plain 
language in Government writing.
    ``National Fish Hatchery Special Use Permits--Interior, FWS-10'' 
previously published in the Federal Register on December 6, 1983 (48 FR 
54717):
    (1) We changed the system location. The records are no longer 
maintained in the regional offices. They are maintained at the National 
Fish Hatcheries.
    (2) We changed the name of the system manager to reflect the 
current title of that office.
    (3) We converted the notice to plain language to implement the 
President's memorandum of June 1, 1998, requiring the use of plain 
language in Government writing.
    ``Real Property Records--Interior, FWS-11'' previously published in 
the Federal Register on December 6, 1983 (48 FR 54717):
    (1) We updated the system location to include the Washington 
Office, Division of Realty as another system location.
    (2) We updated the section entitled ``Authority for maintenance of 
the system.''
    (3) We updated the section entitled ``Routine uses of records 
maintained in the system'' to include the required summary reports 
which we produce (stripped of personal identifiers).
    (4) We updated the system managers to reflect a more current 
address for the Washington Office, Division of Realty; and to include 
the U.S. Fish and Wildlife Services regional offices.
    (5) We added the mandatory section entitled ``Disclosure to 
consumer reporting agencies''.
    (6) We included electronic storage as another medium we use to 
store records.
    (7) We converted the notice to plain language in order to implement 
the President's memorandum of June 1, 1998, requiring the use of plain 
language in Government writing.
    ``Endangered Species Licensee System--Interior, FWS-19'' previously 
published in the Federal Register on December 6, 1983 (48 FR 54718):
    (1) We updated the system location to reflect the current address 
of the system.
    (2) We dropped several categories of records which were part of the 
old system as we no longer collect the information.
    (3) We updated the system manager and address to reflect the 
current address.
    (4) We converted the notice to plain language to implement the 
President's memorandum of June 1, 1998, requiring the use of plain 
language in Government writing.
    ``Investigative Case File System--Interior, FWS-20'' previously 
published in the Federal Register on December 6, 1983 (48 FR 54719):
    (1) We included more specific information about the computerized 
system being a local area network (LAN) system and password protected.
    (2) We provided the current address in the ``System Location'' and 
``System Manager(s) and Address'' sections.
    (3) We modified the ``Retention and Disposal'' section to include a 
reference to our records schedule.
    (4) We converted the notice to plain language to implement the 
President's
 
[[Page 29056]]
 
memorandum of June 1, 1998, requiring the use of plain language in 
Government writing.
    ``U.S. Deputy Game Warden--Interior, FWS-22'' previously published 
in the Federal Register on March 24, 1981 (46 FR 18375):
    (1) We changed the system manager because the program was 
decentralized and records are now maintained at participating regions. 
Additionally requests for access and amendments to one's record go to 
the participating regional offices instead of the Washington Office, 
Division of Personnel Management.
    (2) We added the mandatory section entitled ``Disclosure to 
consumer reporting agencies''.
    (3) We converted the notice to plain language to implement the 
President's memorandum of June 1, 1998, requiring the use of plain 
language in Government writing.
    ``Migratory Bird Population and Harvest Systems--Interior, FWS-26'' 
previously published in the Federal Register on March 24, 1981 (46 FR 
18378):
    (1) We eliminated 3 categories of individuals covered by the 
system. Many of the U.S. Fish and Wildlife Service research functions 
are now part of the U.S. Geological Survey's Biological Resources 
Division. They now have responsibility for the following categories of 
individuals previously collected by the U.S. Fish and Wildlife Service 
under this Privacy Act system: persons applying for bird banding 
permits; persons issued bird banding permits; and persons reporting 
upon banded birds encountered in the wild.
    Additionally, we eliminated another category of individuals covered 
by the system because the program indicated it never needed or 
collected the information. We previously identified this category as 
``unidentified persons observed in the field hunting migratory game 
birds.''
    (2) Because we eliminated the above categories of individuals 
covered by the system, we needed to make corresponding minor changes in 
the sections of this notice which deal with categories of records we 
collect, the routine uses of the records, retention and disposal of the 
records, notification procedure, and the record source categories. 
Therefore, we updated those sections.
    (3) We added the mandatory section entitled ``Disclosure to 
consumer reporting agencies''.
    (4) We updated the address for the system manager.
    (5) We converted the notice to plain language to implement the 
President's memorandum of June 1, 1998, requiring the use of plain 
language in Government writing.
    ``Correspondence Control System--Interior, FWS-27'' previously 
published in the Federal Register on April 11, 1977 (42 FR 19092):
    (1) We updated the system location to more accurately reflect where 
the records are maintained.
    (2) We updated the name of the system manager to reflect the 
current title of that office.
    (3) We added the mandatory section entitled ``Disclosure to 
consumer reporting agencies''.
    (4) We converted the notice to plain language to implement the 
President's memorandum of June 1, 1998, requiring the use of plain 
language in Government writing.
 
    Dated: May 17, 1999.
Roy M. Francis,
Departmental Privacy Act Officer.
 
INTERIOR/FWS-20
 
SYSTEM NAME:
    Investigative Case File System--Interior, FWS 20.
 
SYSTEM LOCATION:
    (1) Washington Office, Division of Law Enforcement, Room 520 
Arlington Square Building, 4401 North Fairfax Drive, Arlington, 
Virginia 22203
    (2) Regional Offices of the U.S. Fish and Wildlife Service (See 50 
CFR part 2 for addresses).
 
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records are on individuals who are the subjects of U.S. Fish 
and Wildlife Service law enforcement investigations.
 
CATEGORIES OF RECORDS IN THE SYSTEM:
    The records contain name, address, place and date of birth, and any 
other records which are necessary to complete an investigation of 
individuals suspected of violations of fish and wildlife laws.
 
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Assault Act (18 U.S.C. 111), Bald Eagle Act (16 U.S.C. 668-668d), 
Black Bass Act (16 U.S.C. 851-856), Lacey Act (18 U.S.C. 42-44), 
National Wildlife Refuge System Administration Act (16 U.S.C. 668dd-
668ee), Migratory Bird Hunting Stamp Act (16 U.S.C. 718-718h), 
Migratory Bird Treaty Act (16 U.S.C. 703-711), Endangered Species Act 
(16 U.S.C. 1531-1543), Marine Mammal Act (16 U.S.C. 1361-1407), Upper 
Mississippi Refuge Act (16 U.S.C. 721-731), Bear River Refuge Act (16 
U.S.C. 690), Fish and Wildlife Recreation Act (16 U.S.C. 460k-460k-4), 
Airborne Hunting Act (16 U.S.C. 742j), and Tariff Classification Act 
(19 U.S.C. 1527).
 
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The U.S. Fish and Wildlife Service uses the records primarily in 
its investigations of individuals suspected of violating fish and 
wildlife laws; and also uses the records for any criminal proceedings 
resulting from those investigations. The records may be disclosed 
outside of the Department of Interior under the following 
circumstances.
    (1) Another Federal agency to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    (2) The Department of Justice, or to a court, adjudicative or other 
administrative body, or to a party in litigation before a court or 
adjudicative or administrative body, when:
    (a) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (1) The Department or any component of the Department;
    (2) Any Departmental employee acting in his or her official 
capacity;
    (3) Any Departmental employee acting in his or her individual 
capacity where the Department or the Department of Justice has agreed 
to represent the employee; or
    (4) The United States, when the Department determines that the 
Department is likely to be affected by the proceeding; and
    (b) The Department deems the disclosure to be:
    (1) Relevant and necessary to the proceedings; and
    (2) Compatible with the purpose for which we compiled the 
information.
    (3) The appropriate Federal, State, tribal, local or foreign 
governmental agency that is responsible for investigating, prosecuting, 
enforcing or implementing a statute, rule, regulation, order or 
license, when we become aware of an indication of a violation or 
potential violation of the statute, rule regulation, order or license.
    (4) A congressional office in response to an inquiry to that office 
by the individual to whom the records pertains.
    (5) To debt collection agencies to locate a debtor or to collect or 
compromise a Federal claim against the debtor; and
    (6) To a consumer reporting agency to prepare commercial credit 
reports for use by the Department.
 
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to 
consumer reporting agencies as they are defined in
 
[[Page 29061]]
 
the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal 
Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
 
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Maintained in file folders and on computer media or printouts. The 
records are part of a Local Area Network (LAN) shared by the Washington 
Office, Division of Law Enforcement and U.S. Fish and Wildlife Service 
regional law enforcement offices.
 
RETRIEVABILITY:
    Indexed by name.
 
SAFEGUARDS:
    Maintained in a segregated area secured by a locking device in 
accordance with 43 CFR 2.51. The system is password secured.
 
RETENTION AND DISPOSAL:
    Maintained in accordance with the U.S. Fish and Wildlife Service 
Records Schedule which addresses record retention requirements for 
investigative case files.
 
SYSTEM MANAGER(S) AND ADDRESS:
    Chief, Division of Law Enforcement, U.S. Fish and Wildlife Service, 
Mail Stop 520 Arlington Square Building, 4401 North Fairfax Drive, 
Arlington, Virginia 22203.
 
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    The United Stated Code (5 U.S.C. 552a(j)(2)) provides general 
exemption authority for some Privacy Act systems. In accordance with 
that authority, the U.S. Fish and Wildlife Service adopted regulations 
(43 CFR 2.79(a) and 43 CFR 2.79(b)).
    Under 43 CFR 2.79(a), the system is not exempt from the following 
subsections of the Privacy Act (as found in 5 U.S.C. 552a): subsections 
(b), (c)(1) and (c)(2), (e)(4)(A) through (e)(4)(F), (e)(6) and (e)(7), 
(e)(9) through (e)(11), and (i). For more information, see Federal 
Register publication 40 FR 37217 published on August 26, 1975.
    Under 43 CFR 2.79(b), the system is exempt from the following 
subsections of the Privacy Act (as found in 5 U.S.C. 552a): subsections 
(c)(3), (d), (e)(1), (e)(4)(G) through (e)(4)(I), and (f). For more 
information, see Federal Register publication 40 FR 50432 published on 
October 29, 1975.