[Federal Register Volume 68, Number 171 (Thursday, September 4, 2003)]
[Notices]
[Pages 52610-52612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22535]


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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 [email protected].

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