Privacy Act of 1974; System of Records, 10362-10364 [05-4109]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 70, Number 41 (Thursday, March 3, 2005)]
[Notices]
[Pages 10362-10364]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4109]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No.: 040825246-4246-01]


Privacy Act of 1974; System of Records

AGENCY: Department of Commerce.

ACTION: Notice of a new Privacy Act System of Records: COMMERCE/NOAA 
System-17, Permits and Registrations for Fisheries of the Exclusive 
Economic Zone (EEZ) off the Coast of Alaska.

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SUMMARY: This notice announces the Department of Commerce's 
(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 permits and non-permit 
registrations used in a variety of management programs for commercial, 
recreational, and subsistence fisheries. NMFS requires the use of 
permits or registrations by participants in the fisheries of the EEZ 
off the coast of Alaska. Applications for various types of permits and 
registrations would be used to collect information from individuals 
under authority of the Magnuson-Stevens Act and the North Pacific 
Halibut Act of 1982. Applications for the various types of permits and 
registrations are necessary to determine the identification of 
participants and to evaluate the qualifications of the applicants.

DATES: To be considered, written comments must be submitted on or 
before April 4, 2005. 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 Sue Salveson, Assistant Regional 
Administrator for Sustainable Fisheries, Alaska Region, National Marine 
Fisheries Service, P.O. Box 21668, Juneau, Alaska 99802, Attn: Lori 
Durall, or delivered to the Federal Building, 709 West 9th Street, 
Juneau, Alaska, 99801.

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

SUPPLEMENTARY INFORMATION: The NMFS, Alaska Region is creating a new 
system of records for permits and non-permit registrations used in a 
variety of management programs for commercial, recreational, and 
subsistence fisheries. NMFS requires the use of permits or 
registrations by participants in the fisheries of the EEZ off the coast 
of Alaska and for halibut in all waters off Alaska. Applications for 
various types of permits and registrations would be used to collect 
information from individuals under authority of the Magnuson-Stevens 
Act and/or the Halibut Act of 1982. Applications for the various types 
of permits and registrations are necessary to determine the 
identification of participants and to evaluate the qualifications of 
the applicants. NMFS, Alaska Region issues permits or registrations for 
the programs listed below. Not all of the permit applications request 
the social security number (SSN). Where the SSN is requested, bracketed 
information indicates whether the response to the request is voluntary 
[SSN voluntary] or mandatory [SSN mandatory]. If mandatory, the 
authority for this type of collection is the Debt Collection 
Improvement Act, 31 U.S.C. 7701.
     American Fisheries Act Permits (pollock): Catcher vessel 
[SSN voluntary], catcher/processor, mothership [SSN voluntary], inshore 
processor [SSN voluntary], inshore cooperative, inshore vessel contract 
fishing, and replacement vessel [SSN voluntary].
     Western Alaska Community Development Quota (CDQ) Program 
Halibut CDQ Permit (Pacific halibut), CDQ Landing Cardholder or Hired 
Master [SSN voluntary], Registered Buyer Permit [SSN voluntary].
     Exempted Fisheries Permit (NOAA-approved studies).
     Prohibited Species Donation Program Permit.
     Federal Fisheries Permit (groundfish catcher vessels, 
catcher/processors and motherships) [SSN voluntary].
     Federal Processor Permit (groundfish shoreside processors 
and stationary floating processors) [SSN voluntary].
     Halibut Subsistence Rural Resident Registration and 
Halibut Subsistence Alaska Native Tribal Registration (Pacific 
halibut).
     Individual fishing quota (IFQ) halibut and sablefish 
permits (Pacific halibut and sablefish): Eligibility to receive quota 
share/individual fishing quota (QS/IFQ) [SSN mandatory], IFQ Hired 
Master [SSN voluntary], Registered Buyer Permit [SSN voluntary], 
Transfer eligibility certificate [SSN mandatory], QS/IFQ Transfer [SSN 
mandatory], QS/IFQ Transfer by Sweep-up [SSN mandatory].
     License Limitation Program permit for groundfish, crab, or 
scallops [SSN voluntary].
     Prohibited Species Donation Permit (Pacific halibut and 
salmon).
     Crab IFQ of the Bearing Sea and Aleutian Islands 
Management Area (BSAI) off the coast of Alaska permits: Crab Quota 
Share (QS) or Processor Quota Share (PQS) [SSN mandatory], Crab 
Individual Fishing/Individual Processing IFQ/IPQ Permit [SSN 
voluntary], Registered Crab Receiver Permit [SSN mandatory], Federal 
Crab Vessel Permit [SSN voluntary], Application to Become An Eligible 
Crab

[[Page 10363]]

Community Organization (ECCO), Eligibility to Receive Crab QS/IFQ or 
PQS/IPQ by Transfer [SSN mandatory], Transfer of Crab QS/IFQ or PQS/IPQ 
[SSN mandatory], Transfer QS/IFQ to or from an ECCO, Application for 
Inter-cooperative transfer, Request for Replacement of Lost/Destroyed 
Permit or Registration [SSN voluntary].
COMMERCE/NOAA-17

System Name:
    Permits and Registrations for Fisheries of the Exclusive Economic 
Zone (EEZ) off the Coast of Alaska.

Security Classification:
    None.

System Location:
    National Marine Fisheries Service (NMFS), Alaska Region, 709 West 
Ninth Street, Juneau, Alaska 99801.

Categories of Individuals Covered by the System:
    Owners of catcher vessels, catcher/processors, motherships, and 
tender or support vessels. Owners of shoreside processors and 
stationary floating processors. Applicants seeking to become authorized 
distributors of prohibited species, salmon and halibut. Applicants 
seeking permission to fish in a manner that would otherwise be 
prohibited in order to conduct limited experimental fishing. 
Individuals who apply for any permit or registration, initially, 
annually, or by transfer. Individuals who wish to hire masters to fish 
a person's permit. Persons receiving halibut or sablefish individual 
fishing quota (IFQ) or Western Alaska Community Development Quota 
Program (CDQ) halibut from harvesting vessel; vessel operators and 
persons making certain types of transfers of IFQ fish and of CDQ 
halibut from the harvesting vessel. Persons applying for or receiving 
crab quota share (QS), processor quota share (PQS), IFQ, or individual 
processing quota (IPQ). Individuals hiring a master for crab. Persons 
offloading processed crab IFQ or receiving unprocessed crab harvested 
under an IFQ permit. Residents of an Alaska rural community as defined 
in 50 CFR 300.61. Members of Alaska Native tribes as defined in 50 CFR 
300.61.

Categories of Records in the System:
    Applicant name, address, telephone number, FAX number, e-mail 
address, date of birth, home telephone number, National Marine 
Fisheries Service internal identification number, and social security 
number (both mandatory and voluntary collections). Mandatory collection 
of social security numbers for: (1) Individual fishing quota halibut 
and sablefish permits: Eligibility to receive quota share/individual 
fishing quota; Transfer eligibility certificate; Quota share/individual 
fishing quota Transfer; Quota share/individual fishing quota Transfer 
by Sweep-Up; (2) Crab individual fishing quota of the Bearing Sea and 
Aleutian Islands Management Areas off the coast of Alaska permits: Crab 
Quota Share or Processor Quota Share; Registered Crab Receiver Permit; 
Eligibility to Receive Crab quota share/individual fishing quota or 
processor quota share/individual processing quota by Transfer; Transfer 
of Crab quota share/individual fishing quota or processing quota share/
individual processing quota. Community of residence. Name of Alaska 
Native tribe. Citizenship. Printed name and signature. Reference names. 
Name of intended hired master and same personal information as for 
applicant.

Authority for Maintenance of the System:
    Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 
1853; North Pacific Halibut Act of 1982, 16 U.S.C. 773; Debt Collection 
Improvement Act, 31 U.S.C. 7701.

Purpose(s):
    This information will allow the identification and evaluation of 
participants in the various fisheries in the EEZ off the coast of 
Alaska; and of the Pacific halibut fishery in all waters off the coast 
of Alaska.

Routine Uses of Records Maintained in the System, Including Categories 
of Users 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 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.
    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 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 to approved 
persons of the State of Alaska under an Interagency Cooperative Data 
Sharing Agreement, 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.
    6. A record in this system of records may be disclosed to North 
Pacific Fishery Management Council (Council) staff and contractors 
tasked with development of analyses to support Council decisions about 
fishery management programs.

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 
applicant, vessel permit number, plant permit number, vessel name, or 
plant name; however, records can be accessed by any file element or any 
combination thereof.

Safeguards:
    Buildings 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 data. Computerized 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. Safeguards exist on the computer

[[Page 10364]]

network where databases are stored. NMFS' 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:
    NMFS, Alaska Region, 709 West Ninth Street, Juneau, Alaska 99801.

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:
    Requests from individuals regarding this system of records should 
be addressed to the same address as stated 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 appear in 
15 CFR part 4b. Use address contained in the notification section.

Record Source Categories:
    The individual on whom the record is maintained provides 
information.

Exemptions Claimed for the System:
    None.

    Dated: February 25, 2005.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 05-4109 Filed 3-2-05; 8:45 am]
BILLING CODE 3510-22-P