INTERIOR/FWS-20 Investigative Case File System

64 FR 29055 (May 28, 1999); Modification published 88 FR 16277 (March 16, 2023)

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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 The records are no longer maintained in the regional offices.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 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.
(7) To appropriate agencies, entities, and persons when:
- (a) DOI suspects or has confirmed that there has been a breach of the system of records;
- (b) DOI has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOI (including its information systems, programs, and operations), the Federal Government, or national security; and
- (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with DOI's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
(8) To another Federal agency or Federal entity, when DOI determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in
- (a) responding to a suspected or confirmed breach or
- (b) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.

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:

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 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(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

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.

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