[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Notices]
[Pages 68806-68808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20121]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 060419105-6105-01]


Privacy Act of 1974; System of Records

AGENCY: Department of Commerce, NOAA.

ACTION: Notice of a new Privacy Act System of Records: COMMERCE/NOAA 
System-18; permits and registrations for fisheries in the Exclusive 
Economic Zone (EEZ) off Washington, Oregon, and California and permits 
and registrations for vessels fishing outside of the EEZ (High Seas).

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SUMMARY: This notice announces the Department of Commerce 
(Department's) proposal for a new system of records under the Privacy 
Act. NOAA Fisheries, Northwest Region is creating a new system of 
records for permits and non-permit registrations is for use with a 
variety of fisheries management programs. NOAA Fisheries requires the 
use of permits or registrations by participants in certain fisheries of 
the Exclusive Economic Zone (EEZ) off Washington, Oregon, and 
California and on the high seas outside of the EEZ. Applications for 
various permits and registrations are collected from individuals under 
the authority of the Magnuson-Stevens Act and the High Seas Fishing 
Compliance Act. This new record system is necessary to identify 
participants in the fishery and to evaluate whether the applicants/
participants meet the established requirements for such fishing 
privileges.

DATES: To be considered, written comments must be submitted on or 
before December 28, 2006. Unless comments are received, the new system 
of records will become effective as proposed on the date of publication 
of a subsequent notice in the Federal Register.

ADDRESSES: Comments may be mailed to Frank Lockhart, Assistant Regional 
Administrator for Sustainable Fisheries, NOAA Fisheries, Northwest 
Region, Sustainable Fisheries Division, 7600 Sand Point Way NE, Bldg. 
1, Seattle, WA 98115; Attn: Maryanne Nickerson.

FOR FURTHER INFORMATION CONTACT: Kevin Ford, 206-526-6115.

SUPPLEMENTARY INFORMATION: NOAA Fisheries, Northwest Region is creating 
a new system of records for permit and non-permit registrations for use 
with a variety of fisheries management programs. NOAA Fisheries 
requires the use of permits or registration by some participants in 
fisheries of the Exclusive Economic Zone (EEZ) off Washington, Oregon, 
and California and in the High Seas outside of the EEZ. Information 
collections would be requested from individuals under the authority of 
the Magnuson-Stevens Act and the High Seas Fishing Compliance Act. The 
collection of information is necessary to identify participants in 
these fisheries and to evaluate whether the applicants or current 
permit owners/holders are eligible for certain fishing privileges and 
benefits. NOAA Fisheries, Northwest Region would collect information 
from individuals in order to issue, renew, or transfer fishing permits 
or to make non-permit registrations. Where the SSN is requested, 
bracketed information indicates whether the response to the request is 
voluntary [SSN voluntary] or mandatory [SSN mandatory]. The authority 
for the mandatory collection of SSN is the Debt Collection Act 
Improvement Act, 31 U.S.C. 7701. Specifically, the Northwest Region 
issues permits or registrations for the following programs:

Pacific Coast Groundfish Limited Entry Permits [SSN mandatory],
Exempted Fisheries Permit (NOAA approved research and data collection 
activities) [SSN mandatory],
High Seas Fishing Compliance Act Permits (for those individuals 
electing to obtain a high seas permit through the NMFS, Northwest 
Region) [SSN mandatory],
Registration of Sablefish Vessels with an Exemption from At-Sea 
Processing [SSN mandatory].
COMMERCE/NOAA-18

System Name:
    Permits and Registrations for Fisheries of the Exclusive Economic 
Zone (EEZ) off Washington, Oregon and California and Permits and 
Registrations for Vessels Fishing outside of the EEZ (High Seas).

[[Page 68807]]

Security Classification:
    None.

System Location:
    NOAA Fisheries, Northwest Region, Sustainable Fisheries Division, 
7600 Sand Point Way NE, Bldg. 1, Seattle, WA 98115.

Categories of Individuals Covered by the System:
    Owners of a permit or holders of a permit as recognized by NMFS. 
Individuals, who apply for any permit, permit exemption or regulation 
exemption, registration, dedicated access privilege or fishing quota 
share either initially, annually, or by transfer. Owners and/or 
operators of a catcher vessel, catcher/processors, or motherships. 
Applicants seeking permission to fish in a manner that would otherwise 
be prohibited in order to conduct experimental fishing. Owners of 
processing facilities and/or fish dealers.

Categories of Records in the System:
    Among the records that may be contained in this system of records 
are the following: Current and prospective (applicant) permit owner, 
holder, vessel owner and operator name, individuals seeking and/or 
receiving a permit or fishing exemption; address; telephone number; fax 
number; e-mail address; social security number (SSN) or tax 
identification number; NMFS internal identification number; vessel 
name; vessel gear; hold capacity; United States Coast Guard Certificate 
of Documentation number or state vessel registration number/document; 
vessel length; permit number; amount of landed fish or processed fish 
product; divorce decrees; death certificates; probated wills; trust 
documents; sales and lease agreements; marriage certificates; probated 
wills; date of birth; medical records. For those individuals that own a 
sablefish endorsed permit, or applicants or recipients of exemptions, 
such lists will detail the individuals name, address, and SSN. 
Collection of SSN is mandatory for applicants for, and recipients of, a 
Federal permit or exemption thereof.

Authority for Maintenance of the System:
    Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 
1801 et seq. (Magnuson-Stevens Act); 50 CFR Part 660, Subpart G; High 
Seas Fishing Compliance Act of 1995, 16 U.S.C 5501 et seq.; 50 CFR Part 
300; Debt Collection Improvement Act, 31 U.S.C. 7701.

Purposes(s):
    This information will allow the NOAA Fisheries to identify permit 
owners and holders, and vessel owners and operators, and evaluate 
requests by applicants and current participants (permit owners and 
holders) in approving/disapproving the issuance of a permit, a vessel 
registration, and a transfer of an existing permit or renewal of a 
current permit.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purpose of Such Uses:
    These records or information contained therein may specifically be 
disclosed as a routine use as stated below. The Department will, when 
so authorized, make the determination as to the relevancy of a record 
prior to its decision to disclose a document.
    1. In the event that a system of records maintained by the 
Department to carry out its functions indicates a violation or 
potential violation of law or contract, whether civil, criminal or 
regulatory in nature and whether arising by general statute or 
particular program statute or contract, or rule, regulation or order 
issued pursuant thereto, or the necessity to protect an interest of the 
Department, the relevant records in the system of records may be 
referred to the appropriate agency, whether Federal, State, local or 
foreign, charged with the responsibility of investigation or 
prosecuting such violation or charged with enforcing or implementing 
the statute or contract, or rule, regulation or order issued pursuant 
thereto, or protecting the interest of the Department.
    2. A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate or administrative 
tribunal, including disclosures to opposing counsel in the course of 
settlement negotiations.
    3. A record in this system of records may be disclosed to a Member 
of Congress submitting a request involving an individual when the 
individual has requested assistance from the Member with respect to the 
subject matter of the record.
    4. A record in this system of records may be disclosed to the 
Department of Justice in connection with determining whether the 
Freedom of Information Act (5 U.S.C. 552) requires disclosure thereof.
    5. A record in this system of records may be disclosed to a 
contractor of the Department having need for the information in the 
performance of the contract, but not operating a system of records 
within the meaning of 5 U.S.C. 552a(m).
    6. A record in this system of records may be disclosed to approved 
persons of the states of Washington, Oregon, California or the Pacific 
States Marine Fisheries Commission for the purpose of co-managing a 
fishery or for making determinations about eligibility for permits when 
State data are all or part of the basis for the permits.
    7. A record in this system of records may be disclosed to Pacific 
Fishery Management Council (Council) staff and contractors tasked with 
development of analyses to support Council decisions about Fishery 
Management Programs.
    8. A record in this system of records may be disclosed to the NOAA 
Fisheries Observer Program for purposes of identifying current permit 
owners and vessels and making a random assignment of observers to 
vessels in a given fishing season.

Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records in the System:
Storage:
    Computerized database; paper records are stored in file folders in 
locked metal cabinet.

Retrievability:
    Paper records are maintained in file folders and organized by 
permit number for the groundfish limited entry permits and exempted 
fishing permits. High Seas Fishing Compliance Act permit file folders 
are organized by vessel number. Electronic records are retrieved by 
permit number, name of permit owner or permit holder, vessel owner 
name, vessel name or vessel identification number or any combination 
thereof.

Safeguards:
    The system of records is stored in a building with doors that are 
locked during and after business hours. Visitors to the facility must 
register with security guards and must be accompanied by Federal 
personnel at all times. Records are stored in a locked file cabinet. 
Electronic records containing Privacy Act information are protected by 
a user identification/password. The user identification/password is 
issued individuals as authorized by authorized personnel.

Retention and Disposal:
    All records are retained and disposed of in accordance with 
National Archive and Records Administration regulations (36 CFR Chapter 
XII, Subchapter B--Records Management); Departmental directives and 
comprehensive records schedules.

[[Page 68808]]

System Manager(s) and Address:
    NOAA Fisheries, Northwest Region, Sustainable Fisheries Division, 
7600 Sand Point Way NE, Bldg. 1, Seattle, WA 98115.

Notification Procedure:
    A notification may be submitted to the system manager at the 
address given above. Requestor must make the request in writing and 
provide his/her name, address, and date of the request and record 
sought. All such requests must comply with the inquiry provisions of 
the Department's Privacy Act rules which appear at 15 CFR Part 4, 
Appendix A.

Record Access Procedures:
    Requests for access to records maintained in this system of records 
should be addressed to the same address given in the Notification 
section above.

Contesting Record Procedures:
    The Department's rules for access, for contesting contents, and 
appealing initial determinations by the individual concerned are 
provided for in 15 CFR Part 4, Appendix A.

Record Source Categories:
    Information in this system will be collected from individuals 
applying for a permit or registration or from an existing permit owner, 
permit holder or vessel owner.

Exemption Claims for System:
    None.

    Dated: November 20, 2006.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. E6-20121 Filed 11-27-06; 8:45 am]
BILLING CODE 3510-22-P