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Endangered Species License



[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-19
 
SYSTEM NAME:
    Endangered Species Licensee System--Interior, FWS--19.
 
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 request a license to import or
export fish and/or wildlife products. The system also has records on
corporations and other business entities. Only the records reflecting
personal information are subject to the Privacy Act.
 
CATEGORIES OF RECORDS IN THE SYSTEM:
    Records contain name, address, date of birth, business phone
number, occupation and social security number of individuals who
request a license to import or export fish and/or wildlife products. We
identify businesses by type, name, title, phone number of principal
officer, and State of incorporation, if applicable.
 
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Endangered Species Act of 1976 (16 U.S.C. 1538(d); 87 Stat. 884).
 
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    We primarily use the records to identify licensees authorized to
import or export fish, wildlife and/or products thereof. Disclosures
may be made outside of the Department of the 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;
 
[[Page 29060]]
 
    (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 the Federal Register to publish notice of the permit--as
required by law;
    (6) To debt collection agencies to locate a debtor; and
    (7) To a consumer reporting agency to prepare a commercial credit
report for 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 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:
    We maintain the records in paper files and in electronic form.
 
RETRIEVABILITY:
    Indexed by name.
 
SAFEGUARDS:
    We maintain the files in a segregated area secured by a locking
device in accordance with 43 CFR 2.51.
 
RETENTION AND DISPOSAL:
    We maintain the records in accordance with the U.S. Fish and
Wildlife Service's records schedule.
 
SYSTEM MANAGER(S) AND ADDRESS:
    The system manager is the Chief, Division of Law Enforcement, U.S.
Fish and Wildlife Service, Mail Stop 520 Arlington Square Building,
4401 North Fairfax Drive, Arlington, Virginia 22203.
 
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    The United States 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(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.