Privacy Act of 1974: System of Records, 10360-10362 [05-4108]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration (noaa)
• National Oceanic and Atmospheric Administration

[Federal Register Volume 70, Number 41 (Thursday, March 3, 2005)]
[Notices]
[Pages 10360-10362]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4108]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration (NOAA)

[Docket No.: 050225045-5045-01]


Privacy Act of 1974: System of Records

AGENCY: Department of Commerce.

ACTION: Notice of a new Privacy Act System of Records: COMMERCE/NOAA 
System-16; Crab Economic Data Report for Bering Sea/Aleutian Islands 
Management Area (BSAI) off the coast of Alaska.

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SUMMARY: This notice establishes the Department's proposal for a new 
system of records under the Privacy Act. The National Marine Fisheries 
Service (NMFS), Alaska Region, is creating a new system of records for 
the mandatory collection of crab economic data. Eight versions of a 
form, specific to the four types of crab activity and one specific for 
historical information that occurred prior to the Crab Rationalization 
Program and one for annual information to be submitted annually, 
entitled, ``Crab Economic Data Report (EDR),'' will be used to collect 
information on costs of fishing and processing, revenues for harvesters 
and processors, and employment information required under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). 
Information obtained through the EDR would be accessible by the 
independent Data Collection Agent (DCA) under cooperative agreement 
with NMFS, Alaska Region, to distribute forms, receive forms, review, 
and verify information in the crab economic surveys (see SYSTEM 
LOCATION). Each vessel owner or lessee and each plant owner or lessee 
that participated in the specified crab fisheries since 1996 will be 
required to submit a EDR to the DCA by mail, FAX, or electronic file.

DATES: To be considered, written comments must be submitted on or 
before April 4, 2005. Unless comments are received, the new system of 
records

[[Page 10361]]

will become effective as proposed on the date of publication of a 
subsequent notice in the Federal Register.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional 
Administrator for Sustainable Fisheries, Alaska Region, National Marine 
Fisheries Service, P.O. Box 21668, Juneau, AK , 99802, Attn: Lori 
Durall, or delivered to the Federal Building, 709 West 9th Street, 
Juneau, AK, 99802.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008.

SUPPLEMENTARY INFORMATION: NMFS, Alaska Region, is creating a new 
system of records for two purposes: The first is to evaluate the 
economic effects of the Crab Rationalization Program, specifically the 
effects on the harvesting and processing sectors, to determine the 
economic efficiency and distributional effects of the Program. The 
second is to provide information to the Department of Justice and 
Federal Trade Commission to assist in anti-trust analysis of the 
Program. All vessel owners or lessees and plant owners or lessees who 
participated in the specified crab fisheries since 1996 will be 
required to submit the appropriate EDR (specific to the type of 
activity and whether historical or annual) to the NOAA-approved DCA. 
The owner will identify lessee on the EDR (name and other contact 
information). If the vessel or plant owner or lessee did not conduct 
crab activity for a given year, he or she would send in only the 
certification page from the EDR for that year declaring no activity for 
that year.
    The system is designed as follows: (1) Participants will be 
required to submit a historical EDR and an annual EDR to the NOAA-
approved DCA; (2) The DCA will provide the EDR information without 
individual identifiers to NMFS Alaska Region, State of Alaska 
Department of Fish and Game, and the North Pacific Fishery Management 
Council; (3) Upon request, the DCA will provide the EDR information 
with individual identifiers to NOAA Office for Enforcement and the U.S. 
Coast Guard, and (4) Upon request, DCA will provide the EDR information 
with individual identifiers to the DOJ and FTC to assist in anti-trust 
analysis of the Program.
COMMERCE/NOAA-16

System Name:
    Crab Economic Data Report (EDR) for BSAI off the coast of Alaska.

System Classification:
    None.

System Location:
    Pacific States Marine Fisheries Commission, 612 West Willoughby 
Avenue, Juneau, Alaska, 99802.

Categories of Individuals Covered by the System:
    Owners or lessees of vessels that harvest or process crab beginning 
with year 1996, including all future data, and owners or lessees of 
plants that process crab beginning with 1996, including all future 
data. Crew members. Captains (operators) of vessels.

Categories of Records in the System:
    System includes records for historical, annual, and current EDRs 
including financial information, crab harvest activity and cost, crab 
product and cost information, labor cost information for crew, and crab 
sales information. Each report includes the following: the name, title, 
telephone number, FAX number, and e-mail address of the person 
completing the EDR; name and address of the owner or lessee of the 
plant or vessel; Federal fisheries permit number; Federal processor 
permit number; Alaska vessel registration number; crew license number 
and city of residence, assigned internal individual identifier.

Authority for Maintenance of the System:
    Section 313(j) of the Magnuson-Stevens Act, 16 U.S.C. 1853.

Purpose(s):
    This information will permit: The evaluation of the economic 
effects of the Crab Rationalization Program (Program), specifically the 
harvesting and processing sectors; the determination of the economic 
efficiency and distributional effects of the Program; and distribution 
of information to the Department of Justice and Federal Trade 
Commission to assist in anti-trust analysis of the Program.

Routine Uses of Records Maintained in the System, Including Categories 
of Users of and the Purposes 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 or is relevant to 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, including 
individual identifiers, 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. That agency may disclose such records in 
the course of conducting its investigation.
    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 during the course of litigation, such 
as through discovery or 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 without 
individual identifiers 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).
    5. A record in this system of records may be disclosed with 
individual identifiers to Department of Justice and the Federal Trade 
Commission when such records are requested by those agencies for anti-
trust analyses or enforcement proceedings.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Computerized data base; electronic storage media; paper records in 
file folders in locked cabinets.

Retrievability:
    May be retrieved by NMFS internal identification number, name of 
owner or lessee, vessel permit number, plant permit number, crew 
license number, vessel name, or plant name; however, records can be 
accessed by any file element or any combination thereof.

Safeguards:
    Buildings where the records are maintained employ security systems 
with locks and access limits. Only those that have the need to know, to 
carry out the official duties of their job, have access to the 
information. Computerized

[[Page 10362]]

data base is password protected and access is limited. Paper records 
are maintained in secured file cabinets in areas that are accessible 
only to authorized personnel of DCA. NMFS, Alaska Region, contractors, 
to whom access to this information is granted in accordance with this 
system of records routine uses provision, are instructed on the 
confidential nature of this information.

Retention and Disposal:
    All records shall be retained and disposed of in accordance with 
National Archives and Records Administration regulations (36 CFR 
subchapter B--Records Retention); Departmental directives and 
comprehensive records schedules.

System Manager(s) and Address:
    Pacific States Marine Fisheries Commission, 612 West Willoughby 
Avenue, Juneau, Alaska 99802.

Notification Procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the System Manager. Written requests must be signed by the 
requesting individual.

Record Access Procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the System 
Manager.

Contesting Record Procedures:
    The Department's rules for accessing records, contesting contents, 
and appealing initial determinations are published in 15 CFR part 4b or 
may be obtained from the System Manager.

Record Source Categories:
    Information contained in the files is obtained from the individual 
EDRs.

Exemptions Claimed for the System:
    None.

    Dated: February 25, 2005.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 05-4108 Filed 3-2-05; 8:45 am]
BILLING CODE 3510-22-P