[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44405-44407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18011]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 140710572-4572-01]


Privacy Act of 1974: System of Records

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Department of Commerce.

ACTION: Notice of Proposed Amendment to Privacy Act System of Records: 
``COMMERCE/NOAA-15, Alaska Region--North Pacific Groundfish Observer 
Program: Certified Domestic Observer Final Evaluations.''

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Department of Commerce proposes to amend the system of records entitled 
``COMMERCE/NOAA-15, Alaska Region--North Pacific Groundfish Observer 
Program: Certified Domestic Observer Final Evaluations'' to expand the 
number and types of evaluations, which will be used to identify the 
observers; provide input on observer evaluations; change the name of 
the system of records to ``COMMERCE/NOAA-15, Monitoring of National 
Marine Fisheries Service Observers;'' update routine uses; and 
generally update the system's notice. We invite public comment on the 
amended system announced in this publication.

DATES: To be considered, written comments must be submitted on or 
before September 2, 2014. Unless comments are received, the amended 
system of records will become effective as proposed on the date of 
publication of a subsequent notice in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Lee Benaka at (301) 427-8554.

ADDRESSES:  Comments may be mailed to Lee Benaka, National Marine 
Fisheries Service (F/ST4), 1315 East West Highway, Silver Spring, MD 
20910. Email comments may be submitted to 
[email protected].

SUPPLEMENTARY INFORMATION:  In accordance with the Privacy Act of 1974, 
as amended, 5 U.S.C. 552a(e)(4) and (11), the National Marine Fisheries 
Service (NMFS) proposes this amendment is to expand the amount of 
information NMFS maintains on its observers. Specifically, NMFS 
proposes to expand the number of observer evaluations and the type of 
observer evaluations collected, and will store these evaluations with 
other observer personal records, which will be used to identify the 
observers; provide input on observer evaluations; and change the title 
of the system of records to better reflect the scope of the system of 
records. To implement these amendments, NMFS proposes to change the 
name of the system of records from ``COMMERCE/NOAA-15, Alaska Region--
North Pacific Groundfish Observer Program: Certified Domestic Observer 
Final Evaluations'' to ``COMMERCE/NOAA-15, Monitoring of National 
Marine Fisheries Service (NMFS) Observers''; amend certain provisions 
concerning the purpose of the system of records; update categories of 
individuals and records covered by the system; update the routine uses 
of the system; change procedures governing retrieval, storage, 
retention, disposal, and safeguards of the records in the system; and 
make other minor administrative updates.
    NMFS deploys fishery observers to collect catch and bycatch data 
from U.S. commercial fishing and processing vessels. The authority to 
place observers on commercial fishing and processing vessels operating 
in U.S. fisheries is provided by the Magnuson-Stevens Fishery 
Conservation and Management Act, the Marine Mammal Protection Act, and 
the Endangered Species Act. These acts require the government to 
collect data on activities which affect marine resources. NMFS 
certifies, permits, and hires observers via observer provider 
companies, in order to place observers aboard U.S. commercial fishing 
and processing vessels. NMFS handles all observer-collected fisheries 
data and instructs and debriefs observers. High-quality data are 
essential to the successful management of these fisheries, and 
therefore, NMFS is creating a system of records to monitor the 
performance of observers. Through the routine use provision of the 
Privacy Act, NMFS will be sharing individual observer performance 
evaluations with each observer's employer (observer provider). This 
will enable observer providers to hire the best performing observers, 
which in turn helps to ensure that the highest-quality observer data 
will be collected.
    NMFS created a system of records in October, 2001, to monitor the 
performance of observers in the Alaska region. Since that time, NMFS 
has made several changes to observer programs nationwide, which 
requires additional personal information to be collected and maintained 
by each of the regional observer programs. First, NMFS changed the 
qualifications and educational requirements for observer applicants in 
order to improve the caliber and suitability of applicants.

[[Page 44406]]

Second, NMFS began issuing certifications (permits) to observers in the 
Alaska region, which in turn brought legal requirements for the 
certification and decertification process. Third, NMFS began to collect 
more information relating to the performance of observers in order to 
justify the termination of an observer for performance reasons or, in 
the case of Alaska, to deny an applicant's certification or the 
revocation of an observer's permit (decertification). The amendments 
proposed in this notice implement these changes.
System Name:
    COMMERCE/NOAA-15, Monitoring of National Marine Fisheries Service 
Observers.

Security Classification:
    None.

System Location:
    a. NMFS Alaska Fisheries Science Center, 7600 Sand Point Way NE., 
Seattle, WA 98115-0070.
    b. NMFS Northeast Fisheries Science Center, 166 Water Street, Woods 
Hole, MA 02453-1097.
    c. NMFS Southeast Fisheries Science Center, 4700 Avenue, Galveston, 
TX 77551-5997.
    d. NMFS Northwest Fisheries Science Center, 2725 Montlake Boulevard 
East, Seattle, WA 98115-0070.
    e. NMFS West Coast Region, 501 West Ocean Boulevard, Long Beach, CA 
90802-4213.
    f. NMFS Pacific Islands Region, 1845 Wasp Boulevard, Building 176, 
Honolulu, HI 96818.

Categories of Individuals Covered by the System:
    National Marine Fisheries Service observers.

Categories of Records in the System:
    Home address and phone number; email address; date of birth; 
previous (maiden) name; identification photo; resume and college 
transcript(s), date of last physical (medical exam) and criminal 
history; information concerning work-related injuries or illness; 
deployment and sampling (work effort) history; training and briefing 
history; performance comments concerning training, briefing, mid-cruise 
debriefing and final debriefing, logistics and data editing, along with 
final debriefing evaluations; performance comments from vessel/plant 
operator(s); observer certification denial and certification records.

Authority for Maintenance of the System:
    Magnuson-Stevens Fishery Conservation and Management Act, as 
amended, Public Law 109-479; 16 U.S.C. 1853; implemented at 50 CFR 
679.50.

Purpose(s):
    The purpose of this system is to assemble in one system the 
necessary information to enable NMFS to access contact information in 
the event of an emergency involving an observer; contact an observer 
after their final debriefing, concerning the data they collected or 
possible fisheries violations they may have witnessed; identify an 
observer; provide identification badges to observers; allow observer 
resumes, transcripts, date of last physical (medical exam) and criminal 
history to be submitted to NMFS by the observer's employer (observer 
provider); access information concerning observer's work-related 
injuries or illness; access observers sampling questions/problems, 
fishing schedules, etc., which must be preserved for future reference 
as a communications log; access observer deployment and sampling (work 
effort) histories; access observer experience qualifications required 
in Federal regulation at 50 CFR 679.50 (j)(1)(v)(D) for certain vessel 
and fishery classifications; access observer training and briefing 
histories; access observer performance comments concerning training, 
briefing, mid-cruise debriefing and final debriefing, logistics and 
data editing, along with final evaluations; and access individual 
observer performance comments from vessel/plant operator(s).

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    1. NMFS will make available to each observer provider, a NMFS-
generated final evaluation, containing the information described below, 
for each observer deployment made under contract with that observer 
provider. Observer final evaluations are completed by observer program 
staff or authorized persons under contract with the observer program, 
for each observer upon the completion of each deployment. A deployment 
is a period of time when an observer is assigned to work aboard a 
fishing vessel(s) or at a shoreside plant(s). The final evaluations 
include the following information: observer name; observer provider 
name; debriefer name; cruise number; future training recommendation; 
mid-cruise briefing requirement; debriefing dates; cruise deployment 
history, including vessel or shore-side plant names, and dates deployed 
to each; deployment scores; and a narrative evaluating the observer's 
performance.
    2. At NMFS discretion, NMFS-generated performance comments 
concerning training, briefing, mid-cruise debriefing and final 
debriefing, logistics and data editing, will be made available to an 
observer provider for the observer under contract with that observer 
provider. Observer performance comments are completed by observer 
program staff or authorized persons under contract with the observer 
program.
    3. NMFS will make available upon request by an observer provider, 
an observer's final evaluation(s), deployment history and sampling 
(work effort) history for any observer they are considering for future 
employment. Observer deployment and sampling histories contain the 
observer's name and the following information for each vessel and 
shoreside plant assignment: vessel/plant name, cruise number, embark 
and disembark dates, number of days aboard each vessel/plant, number of 
collection days, number of hauls or sets sampled by vessel type, number 
of days at shore-side plants, year of deployment, name of employer 
(observer provider), evaluation score and indication of whether the 
observer worked alone or as the lead or second observer.
    4. Alaska Fisheries Science Center only: will provide observer 
candidate certification denial records to the employer (observer 
provider) of any candidate that fails training. Certification denial 
records consist of a letter of certification denial and training 
performance records supporting the certification denial, such as exam 
scores, instructor comments and other records describing deficiencies 
in performance during training.
    5. In the event that information in this system of records 
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 
investigating 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.
    6. A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate or administrative 
tribunal,

[[Page 44407]]

including disclosures to opposing counsel in the course of settlement 
negotiations.
    7. 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.
    8. A record in this system of records may be disclosed to the 
Department of Justice in connection with determining whether disclosure 
thereof is required by the Freedom of Information Act (5 U.S.C. 552).
    9. 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).
    10. A record from this system of records may be disclosed to the 
Administrator, General Services, or his designee, during an inspection 
of records conducted by GSA as part of that agency's responsibility to 
recommend improvements in records management practices and programs, 
under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be 
made in accordance with the GSA regulations governing inspection of 
records for this purpose, and any other relevant (i.e. GSA or Commerce) 
directive. Such disclosure shall not be used to make determinations 
about individuals.
    11. A record in this system of records may be disclosed to 
appropriate agencies, entities, and persons when (1) it is suspected or 
determined that the security or confidentiality of information in the 
system of records has been compromised; (2) the Department has 
determined that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interests, identify 
theft or fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by the Department or 
another agency or entity) that rely upon the compromised information; 
and (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the Department's 
efforts to respond to the suspected or confirmed compromise and to 
prevent, minimize, or remedy such harm.

Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records in the System:
    Storage: Records are stored electronically on computers and/or as 
paper records in file folders individually named and kept in secure 
file cabinets.
    Retrievability: Observers are assigned individual observer 
identification numbers and individual ``cruise'' (or deployment) 
numbers. Records can be electronically retrieved by observer name, 
observer identification number or cruise number.
    Safeguards: Grounds and buildings employ security systems. Where 
electronic information is retrievable by computer or other mode of 
electronic information retrieval, all safeguards appropriate to secure 
the computer database or other system of storing electronic 
information, including hardware and software, are utilized. Paper 
records are maintained in secured file cabinets in areas that are 
accessible only to authorized personnel. Observer providers, to whom 
access to some of this information is granted in accordance with this 
system of records routine use provision, are instructed on the 
confidential nature of this information.
    Retention and disposal: Retention and disposal is in accordance 
with the National Archives and Records Administration and the 
Department of Commerce record keeping procedures.

System Manager(s) and Address:
    Division Director for the Fisheries Monitoring and Analysis 
Division, North Pacific Groundfish Observer Program, Alaska Fisheries 
Science Center, 7600 Sand Point Way NE., Seattle, WA 98115-0070.
    Northeast Fisheries Observer Program Manager, NMFS Northeast 
Fisheries Science Center, 166 Water Street, Woods Hole, MA 02453-1097.
    Southeast Fisheries Observer Program Manager, NMFS Southeast 
Fisheries Science Center, 4700 Avenue, Galveston, TX 77551-5997.
    Northwest Fisheries Observer Program Manager, NMFS Northwest 
Fisheries Science Center, 2725 Montlake Boulevard East, Seattle, WA 
98115-0070.
    West Coast Region Observer Program Coordinator, NMFS West Coast 
Region, 501 West Ocean Boulevard, Long Beach, CA 90802-4213.
    Pacific Islands Fisheries Observer Program Manager, Pacific Islands 
Region, 1845 Wasp Boulevard, Building 176, Honolulu, HI 96818.
    Notification Procedures: Privacy Act information contained in this 
system of records may be requested from the system manager at the 
address above and must be approved by the Office of General Counsel, 
NOAA. A requestor, including an observer seeking information about 
himself or herself, should provide name, address, date of application, 
and record(s) sought, pursuant to the inquiry provisions of the 
Department of Commerce's rules which appear in 15 CFR part 4b--Privacy 
Act.
    Record Access Procedures: Requests from individuals should be 
addressed to: Same address of the desired location as stated in the 
System Manager section above.
    Contesting Record Procedures: The Department's rules for access, 
for contesting contents, and for appealing initial determinations by 
the individual concerned appear in 15 CFR part 4b--Privacy Act.
    Record Source Categories: Fisheries observers, observer providers 
and observer program staff.
    Exemptions Claimed for the System: None.

    Dated: July 25, 2014.
Brenda Dolan,
Department of Commerce. Freedom of Information/Privacy Act Officer.
[FR Doc. 2014-18011 Filed 7-30-14; 8:45 am]
BILLING CODE 3510-22-P