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Permits System



[Federal Register: September 4, 2003 (Volume 68, Number 171)]
[Notices]              
[Page 52610-52612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se03-63]                        

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

 
Privacy Act of 1974, As Amended; Revision of a System of Records

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed revisions to an existing system of records.

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SUMMARY: The Department of the Interior (DOI) is issuing public notice
of its intent to revise a system of records in its current inventory,
Permits System--Interior, FWS-21, subject to the Privacy Act of 1974.
This action is necessary to meet the requirements of the Privacy Act to
publish a notice in the Federal Register of amended systems of records.
A notice on this system of records was previously published in the
Federal Register on December 6, 1983, (48 FR 54719). The agency is
updating information on the system and adding new information on
categories of records, purposes, routine uses, and procedures.

DATES: Comments on this revised system of records must be received on
or before October 14, 2003.

ADDRESSES: Address all comments on this revised system of records to
U.S. Fish and Wildlife Service, Privacy Act Officer, Mail Stop 222,
Arlington Square Building, 4401 North Fairfax Drive, Arlington,
Virginia 22203, or by email at Johnny_Hunt@fws.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Johnny R. Hunt, Service Privacy
Act Officer, U.S. Fish and Wildlife Service, telephone: (703) 358-1730,
or fax: (703) 358-2269.

SUPPLEMENTARY INFORMATION: The U.S. Fish and Wildlife Service's (FWS)
permit programs collect information to establish and verify an
applicant's eligibility for a permit to conduct certain activities with
wildlife and plants under various Federal wildlife laws and treaties.
These include the Bald and Golden Eagle Protection Act, Convention on
International Trade in Endangered Species of Wild Fauna and Flora,
Endangered Species Act, Marine Mammal Protection Act, Migratory Bird
Treaty Act, Lacey Act, and Wild Bird Conservation Act. Information
includes name, address, date of birth, Social Security Number,
occupation, home and work phone numbers, facsimile number, and email
address. The system no longer includes height, weight, or color of hair
and eyes of applicants for applications received after 1997. The system
also contains information on locations, types, and purposes of the
proposed activity, qualifications of the applicant (such as education
and experience), and tribal affiliation for eagle permits for Native
American religious purposes. Other documents reflect the general
administrative processing and review of an application, and the
monitoring of activities under the issued permit. We propose to add new
information on locations of records, categories of records, authority
under the Wild Bird Conservation Act, purposes, procedures, current
system managers, and record source categories, and we clarify when
records would be released to the Department of Justice. We also propose
to modify routine uses to include subject matter experts that provide
advice on the issuance of permits; Federal, State, local or foreign
wildlife and plant agencies for the exchange of permitting information;
registrants involved in the breeding of endangered or threatened
species under Captive-bred Wildlife registrations; appropriate
authorities and others who need to know who is permitted to receive and
rehabilitate sick, orphaned, and injured migratory birds; appropriate
agencies when we need to monitor activities conducted under a permit or
evaluate regulated trade and use; a congressional office in response to
an inquiry an individual has made; the General Accounting Office or
Congress when the information is required for the evaluation of the
permit programs; and contractors, experts or consultations to
accomplish a FWS function related to this system. The expanded routine
uses do not require new information to be collected.
    The Privacy Act (5 U.S.C. 552a(e)(11)) requires that the public be
provided a 30-day period in which to comment on the intended use of the
information in the system of records. The Office of Management and
Budget (OMB), in Circular A-130, requires an additional

[[Page 52611]]

10-day period (for a total of 40 days) in which to make these comments.
Any persons interested in commenting on this proposed system notice may
do so by submitting comments in writing as indicated under ADDRESSES.
Comments received within 40 days of publication will be considered. The
system will be effective as proposed at the end of the comment period,
unless comments are received that would require a contrary
determination. We will publish a revised notice if we make changes
based on our review of comments received.

    Dated: August 29, 2003.
John D. Kraus,
Chief, Division of Policy and Directives Management, U.S. Fish and
Wildlife Service.
INTERIOR/FWS-21

System name:
    Permits System.

Security classification:
    None.

System location:
    The records are stored at the following offices of the U.S. Fish
and Wildlife Service (FWS):
    (1) For the Endangered Species Program:
    (a) Regional Endangered Species Offices (see 50 CFR 2.2 for
addresses) and
    (b) Division of Consultation, HCPs, Recovery and State Grants and
the Division of Conservation and Classification, Endangered Species
Program, U.S. Fish and Wildlife Service, Mail Stop 420 Arlington Square
Building, 4401 North Fairfax Drive, Arlington, Virginia 22203.
    (2) Division of Management Authority, U.S. Fish and Wildlife
Service, Mail Stop 700 Arlington Square Building, 4401 North Fairfax
Drive, Arlington, Virginia 22203.
    (3) Division of Migratory Bird Management, U.S. Fish and Wildlife
Service, Mail Stop MBSP-4107 Arlington Square Building, 4401 North
Fairfax Drive, Arlington, Virginia 22203, and Regional Migratory Bird
Offices (see 50 CFR 2.2 for addresses).
    (4) Office of Law Enforcement, U.S. Fish and Wildlife Service, Mail
Stop LE-3000 Arlington Square Building, 4401 North Fairfax Drive,
Arlington, Virginia 22203; Regional Law Enforcement Offices (see 50 CFR
10.22 for addresses); designated ports of entry (see 50 CFR 14.12 for
locations); and some border or special port offices (see 50 CFR 14.16
and 14.19 for locations).

Categories of individuals covered by the system:
    Records are maintained on applicants who seek permits to conduct
certain activities that affect wildlife and plants protected and/or
regulated under the following Federal laws or treaties: Bald and Golden
Eagle Protection Act, Convention on International Trade in Endangered
Species of Wild Fauna and Flora, Endangered Species Act, Marine Mammal
Protection Act, Migratory Bird Treaty Act, Lacey Act, and Wild Bird
Conservation Act.

Categories of records in the system:
    The records contain the name, address, date of birth, Social
Security Number, occupation, home and work phone numbers, facsimile
number, and email address of someone who applies for a permit. For
eagle permits for Native American religious purposes, the records
contain tribal affiliation and, at the applicant's discretion,
religious ceremony. The records also contain the qualifications of the
applicant (such as, education and experience), the locations, types,
and purposes of the proposed activity, and reports of activities
conducted under an issued permit. They include documents that reflect
the general administrative processing of the application and permit;
public review required by certain laws, including comments received;
our consultation with subject matter experts, including but not limited
to experts within the FWS and in State, Federal, local, and foreign
agencies, for the purpose of obtaining scientific, management, and
legal advice; and our evaluation of information to make a decision on
an application for a permit, and to monitor activities that occur under
a permit. Although the system contains records on corporations and
other business entities including Tax Identification Number, only
records containing personal information on individuals are subject to
the Privacy Act.

Authority for maintenance of the system:
    Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d);
Migratory Bird Treaty Act (16 U.S.C. 703-712); Marine Mammal Protection
Act (16 U.S.C. 1361-1407); Endangered Species Act (16 U.S.C. 1531-
1544); Wild Bird Conservation Act (16 U.S.C. 4901-4916); and Lacey Act
(18 U.S.C. 42), and Title 50, parts 10, 13, 14, 15, 16, 17, 18, 21, 22,
and 23 of the Code of Federal Regulations.

Purpose(s):
    The purposes are to establish and verify an applicant's eligibility
for a permit to conduct activities which affect wildlife and plants
protected under a number of Federal wildlife laws and treaties; produce
reports to monitor the use and trade in protected wildlife and plants;
and assess the impact of permitted activities on the conservation and
management of species and their habitats.

Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
    The FWS is the primary user of the system, and the primary uses of
the records will be:
    (1) To establish and verify an applicant's eligibility for a permit
to conduct activities with protected wildlife and plants under a number
of conservation laws and treaties.
    (2) To provide the public and permittees with permit-related
information.
    (3) To monitor activities conducted under a permit.
    (4) To analyze data and produce reports to monitor the use and
trade in protected wildlife and plants.
    (5) To assess the impact of permitted activities on the
conservation and management of protected species and their habitats.
    (6) To evaluate the effectiveness of the permit programs.
    (7) To meet reporting requirements of the Department of the
Interior (DOI) and FWS.
    (8) To generate budget estimates and track performance.
    Disclosures outside the DOI may be made under the routine uses
listed below without the consent of the individual if the disclosure is
compatible with the purposes for which the record was collected.
    (1) To subject matter experts, including but not limited to experts
in State, Federal, local, and foreign agencies, for the purpose of
obtaining scientific, management, and legal advice relevant to making a
decision on an application for a permit.
    (2) To the public as a result of publishing Federal Register
notices announcing the receipt of permit applications for public
comment or notice of the decision on a permit application.
    (3) To Federal, State, local, or foreign wildlife and plant
agencies for the exchange of information on permits granted or denied
to assure compliance with all applicable permitting requirements.
    (4) To Captive-bred Wildlife registrants under the Endangered
Species Act for the exchange of captive-born, non-native endangered and

[[Page 52612]]

threatened species, and to share information on new developments and
techniques of captive breeding of these protected species.
    (5) To Federal, State, and local authorities who need to know who
is permitted to receive and rehabilitate sick, orphaned, and injured
birds under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act; federally permitted rehabilitators; individuals seeking
a permitted rehabilitator with whom to place a sick, injured, or
orphaned bird in need of care; and licensed veterinarians who receive,
treat, or diagnose sick, orphaned, and injured birds;
    (6) To the Department of Justice (DOJ), or 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:
    (i) The DOI or any component of the DOI;
    (ii) Any DOI employee acting in his or her official capacity;
    (iii) Any DOI employee acting in his or her individual capacity
where the DOI or DOJ has agreed to represent the employee; or
    (iv) The United States, when DOI determines that DOI is likely to
be affected by the proceeding; and
    (b) The DOI deems the disclosure to be:
    (i) Relevant and necessary to the proceedings; and
    (ii) Compatible with the purpose for which we compiled the
information.
    (7) To 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, or when we need to monitor activities conducted under a permit
or evaluate regulated wildlife and plant trade and use.
    (8) To a congressional office in response to an inquiry to the
office by the individual to whom the record pertains.
    (9) To the General Accounting Office or Congress when the
information is required for the evaluation of the permit programs.
    (10) To a contractor, expert, or consultant employed by the FWS
when necessary to accomplish a FWS function related to this system of
records.
    (11) To provide addresses obtained from the Internal Revenue
Service to debt collection agencies for purposes of locating a debtor
to collect or compromise a Federal claim against the debtor, or to
consumer reporting agencies to prepare a commercial credit report for
use by the DOI.

Disclosure to consumer reporting agencies:
    Pursuant to 5 U.S.C. 552a(b)12, disclosures may be made from this
system 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:
    Records are stored in file folders, on microfiche, in electronic
form in computer systems, and in reports and computer printouts. Paper
records are stored in file cabinets, rooms, and offices. Electronic
records are stored on a computer server and disks or tapes.

Retrievability:
    Paper and microfiche records are retrieved by name of applicant or
by permit file number. Electronic records may be searched on or
reported by any data field. Retrieval is dependent upon the report or
purpose of usage and whether a need to know exists. Records are
retrieved for several purposes, such as processing a permit
application, verifying an individual has a permit to conduct an
activity with a protected species, and tracking whether permit reports
have been submitted.

Safeguards:
    Access to records in the system is limited to authorized personnel
whose official duties require such access, under requirements found in
the Code of Federal Regulations (43 CFR 2.51). Paper and microfiche
records are maintained in locked metal file cabinets and/or in secured
rooms. Electronic records are password-protected, backed up daily, and
maintained with safeguards meeting the security requirements of 43 CFR
2.51.

Retention and disposal:
    Records are maintained in accordance with the FWS record schedule.

System manager(s) and address(es):
    (1) Chief, Division of Consultation, HCPs, Recovery and State
Grants, and Chief, Division of Conservation and Classification,
Endangered Species Program, U.S. Fish and Wildlife Service, Mail Stop
420 Arlington Square Building, 4401 North Fairfax Drive, Arlington,
Virginia 22203.
    (2) Chief, Division of Management Authority, U.S. Fish and Wildlife
Service, Mail Stop 700 Arlington Square Building, 4401 North Fairfax
Drive, Arlington, Virginia 22203.
    (3) Chief, Division of Migratory Bird Management, U.S. Fish and
Wildlife Service, Mail Stop 4107 Arlington Square Building, 4401 North
Fairfax Drive, Arlington, Virginia 22203.
    (4) Chief, Office of Law Enforcement, U.S. Fish and Wildlife
Service, Mail Stop LE-3000 Arlington Square Building, 4401 North
Fairfax Drive, Arlington, Virginia 22203.

Notification procedures:
    Any individual may request information regarding this system of
records, or information as to whether the system contains records
pertaining to them, from the appropriate System Manager identified
above. We require the request be in writing, be signed by the
requester, and include the requester's full name and address, Social
Security Number, and permit file number, if applicable. (See 40 CFR
2.60 for procedures on making inquiries.)

Record access procedures:
    For copies of your records, write to the pertinent System Manager
at the location above. The request envelope and letter should be
clearly marked ``PRIVACY ACT REQUEST FOR ACCESS.'' A request for access
must meet the content requirements of 43 CFR 2.63(b)(4)).

Contesting record procedures:
    Use the same procedures as ``Records Access Procedures'' section
above. (See 43 CFR 2.71.)

Record source categories:
    Records come from individuals who apply for permits to conduct
certain activities with protected wildlife and plants.

Exemptions claimed for the system:
    The Privacy Act at 5 U.S.C. 552a(j)(2) provides general exemption
authority for some systems or records. Under that authority, the FWS
adopted a regulation [43 CFR 2.79(b)]. Under that regulation, the
system is exempt from the following subsections of the Privacy Act (as
found in 5 U.S.C. 552a): subsections (d)(1) and (g)(1)(B). For more
information, see Federal Register publication 40 FR 37217 published on
August 26, 1975.

[FR Doc. 03-22535 Filed 9-3-03; 8:45 am]

BILLING CODE 4310-55-P