Privacy Act of 1974; Amended System of Records, 52303-52308 [2020-18659]

Agencies

• DEPARTMENT OF COMMERCE

[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Notices]
[Pages 52303-52308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18659]


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DEPARTMENT OF COMMERCE

[Docket No. 200110-0006]


Privacy Act of 1974; Amended System of Records

AGENCY: National Oceanic and Atmospheric Administration, U.S. 
Department of Commerce.

ACTION: Notice of a modified system of records.

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SUMMARY: This notice announces the Department of Commerce's 
(Department) proposal to amend the system of records entitled 
``COMMERCE/NOAA-19, Permits and Registrations for United States 
Federally Regulated Fisheries,'' under the Privacy Act of 1974, and the 
Office of Management and Budget (OMB) Circular A-108, ``Federal Agency 
Responsibilities for Review, Reporting, and Publication under the 
Privacy Act.'' The National Oceanic and Atmospheric Administration's 
(NOAA) National Marine Fisheries Service (NMFS) is revising its system 
of records for use with a variety of fisheries management programs, 
adding information on a new permit, including an amendment and two new 
routine uses in accordance with the Notice to amend all SORNs, OMB 
Memorandum M-17-12 (Requirements to Breach Response), and a draft 
Notice regarding student volunteers. This revised record system is 
necessary to identify participants in the fisheries and to evaluate the 
qualifications of the applicants.
    We invite public comment on the amended system announced in this 
publication.

DATES: To be considered, written comments must be submitted on or 
before August 21, 2020. This amended system of records will become 
effective on July 22, 2020, unless the modified system of records 
notice needs to be changed as a result of public comment.
    Newly proposed routine uses 12 and 13 in the paragraph entitled 
``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING

[[Page 52304]]

CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will become effective 
on September 5, 2020, unless the modified system of records notice 
needs to be changed as a result of public comment.
    If the modified system of records notice needs to be changed, the 
Department will publish a subsequent notice in the Federal Register by 
September 5, 2020, stating that the current system of records will 
remain in effect until a revised notice is published in the Federal 
Register.

ADDRESSES: You may submit written comments to Adrienne Thomas, Privacy 
Act Officer, 151 Patton Ave., Room 159, Asheville, NC, 28801, or email 
her at [email protected].

FOR FURTHER INFORMATION CONTACT: National Marine Fisheries Service 
Headquarters, 1315 East-West Highway, Silver Spring, MD 20910.

SUPPLEMENTARY INFORMATION: NMFS is revising its system of records for 
permit and non-permit registrations for use with a variety of fisheries 
management programs. NMFS requires the use of permits or registrations 
by participants in U.S. Federally-regulated fisheries and by importers 
of seafood products subject to NMFS trade tracking and monitoring 
programs. The collection of information is necessary to identify 
participants in these fisheries and to evaluate the qualifications of 
the applicants. NMFS would collect information from individuals in 
order to issue, renew, or transfer fishing permits, or to make non-
permit registrations. NMFS is also adding a new permit under the 
International Affairs and Seafood Inspection Division: The 
International Fisheries Trade Permit (IFTP). NMFS may use lists of 
permit holders or registrants as sample frames for the conduct of 
surveys to collect information necessary to the administration of the 
statutes cited in the ``Authority for Maintenance of the System'' 
section below.
    This section further provides that OMB Circular A-108 requires 
agencies to periodically review systems of records notices for accuracy 
and completeness, paying special attention to changes in the manner in 
which records are organized, indexed or retrieved that results in a 
change in the nature or scope of these records. When any of the 
aforementioned changes occur, the Privacy Act requires agencies to 
publish in the Federal Register upon revision of a system of records, a 
notice that describes the amendments to the system of records.
    The Privacy Act also requires each agency that proposes to 
establish or significantly modify a system of records to provide 
adequate advance notice of any such proposal to the OMB, the Committee 
on Oversight and Government Reform of the House of Representatives, and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate (5 U.S.C 552a(r)). Significant modifications include adding a 
new routine use. The purpose of providing the advance notice to OMB and 
Congress is to permit an evaluation of the potential effect of the 
proposal on the privacy and other rights of individuals. The Department 
filed a report describing the amended system of records covered by this 
notice with the Chair of the Senate Committee on Homeland Security and 
Governmental Affairs, the Chair of the House Committee on Oversight and 
Government Reform, and the Deputy Administrator of the Office of 
Information and Regulatory Affairs, OMB, on March 12, 2020.

SYSTEM NAME:
    COMMERCE/NOAA-19, Permits and Registrations for United States 
Federally Regulated Fisheries.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    a. NMFS Greater Atlantic Region, 55 Great Republic Dr., Gloucester, 
MA 01930 (includes Atlantic Highly Migratory Species (HMS) tuna dealer 
permits).
    b. NMFS Southeast Region, 263 13th Avenue South, St. Petersburg, FL 
33701 (includes shark and swordfish vessel permits, shark and swordfish 
dealer permits).
    c. NMFS West Coast Region, Sustainable Fisheries Division, 7600 
Sand Point Way NE, Bldg. #1, Seattle, WA 98115.
    d. NMFS West Coast Region, 501 West Ocean Boulevard, Suite 4200, 
Long Beach, CA 90802.
    e. NMFS Southwest Fisheries Science Center, 8604 La Jolla Shores 
Drive, La Jolla, CA 92037 (Pacific Highly Migratory Species database 
only).
    f. NMFS Office of the Chief Information Officer, 1315 East-West 
Highway, Silver Spring, MD 20910 (National Permits System).
    g. NMFS Pacific Islands Region, 1845 Wasp Boulevard, Building 176, 
Honolulu, HI 96818.
    h. NMFS Alaska Region, 709 West Ninth Street, Juneau, AK 99801.
    i. NMFS Office of Science and Technology, 1315 East-West Highway, 
Silver Spring, MD 20910 (National Saltwater Angler Registry).
    j. NMFS Office of International Affairs and Seafood Inspection, 
1315 East-West Highway, Silver Spring, MD 20910 (High Seas Fishing 
Compliance Act and Antarctic Marine Living Resources harvesting and 
dealer permit data).
    k. NMFS Office of Sustainable Fisheries, 3209 Frederic St., 
Pascagoula, MS 39567 (Antarctic Marine Living Resources 
preauthorization certification data).
    l. NMFS Office of Sustainable Fisheries, 1315 East-West Highway, 
Room 13130, Silver Spring, MD 20910 (Atlantic HMS tuna vessel permits, 
HMS Angling Permit, HMS Charter/headboat permits database).
    m. Atlantic Coastal Cooperative Statistics Program, 1050 North 
Highland Street, Arlington, VA 22201.

SYSTEM MANAGER AND ADDRESS:
    Richard Miner, Information Technology Security Officer, National 
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 
20910.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 
1801 et seq. (Magnuson-Stevens Act); High Seas Fishing Compliance Act 
of 1995, 16 U.S.C 5501 et seq.; International Fisheries Regulations: 
Vessels of the United States Fishing in Colombian Treaty Waters, 50 CFR 
300.120; the American Fisheries Act, Title II, Public Law 105-277; the 
Atlantic Coastal Fisheries Cooperative Management Act of 1993, 16 
U.S.C. 5101-5108, as amended 1996; the Tuna Conventions Act of 1950, 16 
U.S.C. 951-961; the Atlantic Tunas Convention Authorization Act, 16 
U.S.C., Chapter 16A; the Northern Pacific Halibut Act of 1982, 16 
U.S.C. 773 et seq. (Halibut Act); the Antarctic Marine Living Resources 
Convention Act of 1984, 16 U.S.C. 2431-2444; the Western and Central 
Pacific Fisheries Convention Implementation Act, 16 U.S.C. 6901 et seq. 
(WCPFCIA); the Dolphin Protection Consumer Information Act, 16 U.S.C. 
1385; the Marine Mammal Protection Act, 16 U.S.C. 1361 et seq.; the 
Commerce, Justice, Science and Related Agencies Act, 2018, Division B, 
Section 539 (Pub. L. 115-141); and Taxpayer Identifying Number, 31 
U.S.C. 7701.

PURPOSES OF THE SYSTEM:
    This information will allow NMFS to identify owners and holders of 
permits and non-permit registrations; identify vessel owners and 
operators; evaluate requests by applicants and current participants, 
and/or engage in agency actions related to the issuance, renewal,

[[Page 52305]]

transfer, revocation, suspension or modification of a permit or 
registration.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Owners or holders of a permit or registration as recognized by 
NMFS, owner agents, vessel owners, and/or operators. Individuals who 
apply for any permit, permit exception, permit exemption or regulation 
exemption, registration, dedicated access privilege or fishing quota 
share either initially, annually, or by transfer. 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. Importers of seafood products subject to NMFS 
trade tracking and monitoring programs. Permit qualifiers (persons 
whose incomes are used for permit qualification). Allocation assignees 
under a Southeast Region individual fishing quota. Observers, grantees 
and volunteers when applicable.

CATAGORIES OF RECORDS IN THE SYSTEM:
    This information is collected and/or maintained by all regions and 
divisions: For applicants and related entities referred to in regions/
divisions: Name, address, business telephone number and date of birth; 
Tax Identification Number (TIN), Employer Identification Number (EIN) 
or Social Security Number (SSN), required for all permits. For purposes 
of administering the various NMFS fisheries permit and registration 
programs, a person shall be considered to be doing business with a 
Federal agency including, but not limited to, if the person is an 
applicant for, or recipient of, a Federal license, permit, right-of-
way, grant, or benefit payment administered by the agency, or insurance 
administered by the agency pursuant to subsection (c)(2)(B) of 31 U.S.C 
7701.
    Additional information is collected and/or maintained by individual 
regions and divisions:
    Greater Atlantic Region
    For transferable permits: Current permit number, permit status 
information, type of application, name and type of applicant, cellular 
telephone number and/or fax number, hair and eye color, height and 
weight, ID-sized photograph, medical records for resolution of permit 
dispute, enforcement actions, court and legal documents, and permit 
sanction notice filed by NOAA General Counsel, checking account 
numbers, cancelled checks, tax returns, internal permit number specific 
to each limited entry permit, baseline specifications on limited entry 
permit, country, captain's license, State and Federal Dealer Numbers 
(if applicable), name of corporation, state and date of incorporation 
of business and articles of incorporation, coast on which dealer does 
business, processing sector, facilities where fish received, vessel 
landing receipts and records, dealer purchase receipts, bills of sale, 
type of vessel registration, NMFS unique vessel ID, year vessel built, 
hailing port, hailing port state, principal port, principal state, 
vessel operations type (catching and/or processing: For at-sea 
processing permit), fish hold capacity, passenger capacity, VMS status, 
crew size, fishery type, fishery management plan and category, maximum 
days at sea, quota allocation and shares, regional fishery management 
organization, species or species code, type of gear, gear code and 
rank, buoy and trap/pot color, number of tags assigned to vessel, 
number of traps, and dredge size and number.
    Southeast Region
    Fee payment information, applicant cellular telephone number and/or 
fax number, email address, website, gender, hair and eye color, height 
and weight, ID-sized photograph, corporation name, Dunn and Bradstreet 
Corporation Number, state and date of incorporation; for all entities 
with a business relationship (officer, owner or shareholder) to a 
wreckfish certificate holder, or with a business relationship (officer, 
owner or shareholder) to a vessel owner or vessel lessee, position held 
in the business, percent ownership of the business, and citizenship 
status; NMFS internal identification number, county, country, marriage 
certificate, divorce decree, death certificate, trust documents, 
probated will, enforcement actions, court and legal documents, and 
permit sanction notices filed by General Counsel, name of vessel permit 
applicant if not owner, and relationship to owner, type of vessel 
ownership, captain's license, original permit, permit payment 
information, name of permit transferor and number of permit before 
transfer, permit and vessel sale price (for permit transfers), date of 
permit transfer signature, notarized, sale and lease agreement with 
lease start and end dates if applicable, income or license qualifier 
for certain fisheries, Income Qualification Affidavit for income 
qualified fisheries, U.S. importer number, State and Federal dealer 
numbers (if applicable), plant name and operator, hull identification 
number, hailing port and hailing port state, year vessel built, 
location where vessel built, vessel function, vessel characteristics 
(length, breadth, external markings, hull/or superstructure color), 
gross and net tonnage, type of construction, fuel capacity and type, 
horsepower (engine, pump), type of product storage, fish hold capacity, 
live well capacity, radio call sign, vessel communication types and 
numbers, crew size, passenger capacity, fishery type, quota shares, 
vessel landing receipts and records, bills of sale, processing facility 
where fish are received, gear type, species/gear endorsements, buoy/
trap color code, number of traps, trap tag number series, trap 
dimensions, trap mesh size, designated fishing zone, aquaculture 
reports: Site description, material deposited and harvested, value of 
material, Highly Migratory Species workshop certificate, informational 
telephone calls recorded with member of public's knowledge, (or 
customer service evaluation and constituent statement records); U.S. 
Citizenship or permanent resident alien status,facility name, address, 
telephone information (for dealer permits), and permit or license 
numbers for other Federal or state permit/licenses issued.
    Atlantic Highly Migratory Species
    An IFTP: Current permit number, permit status information, type of 
application, name and type of applicant, business email address, 
cellular telephone and/or fax number, website, corporation name and 
state and date of incorporation, Dunn and Bradstreet Corporation 
Number, percent/rank of ownership interest, lease start/end date, 
income or license qualifier for certain fisheries, United States Coast 
Guard (USCG) Certificate of Documentation number or state vessel 
registration number, U.S. Importer Number (dealers), State and Federal 
Dealer Numbers (if applicable), processing facility where fish are 
received, name of vessel, type of vessel registration, hull 
identification number, vessel characteristics (length, breadth, 
external markings, hull/or superstructure color), gross and net 
tonnage, type of construction, fuel capacity and type, horsepower 
(engine, pump), type of product storage, passenger capacity; crew size, 
hailing port, hailing port state, principal port, principal port state, 
fish hold capacity, year vessel built, fishery type, species or species 
code, type of fishing gear, gear code; vessel monitoring system (VMS) 
activation certification, vessel name, and vessel function.
    West Coast Region
    Northwest Permits: NMFS internal identification number, permit/
license number, applicant or new permit/license owner name, (current 
and new) permit/license or vessel owner name, email address, name of 
authorized

[[Page 52306]]

representative and title, permit action requested, midseason sablefish 
tier landed amount, application fee payment information (check/money 
order date, check/money order number, bank account number or credit 
card last 4 digits, check amount), copies of checks, divorce decree, 
marriage certificate, death certificate, probated will, trust 
documents, medical records of permit owners seeking exemption from 
certain permit requirements, proof of citizenship, enforcement actions 
and settlement agreements, power of attorney documents, affidavits, 
court and legal documents, articles of incorporation, state and date of 
incorporation, permit sanction notices, period of permit lease, permit 
sale/lease price, sales/lease agreement. Vessel name and registration 
number, vessel length overall, location of where vessel built, 
documentation of loss or destruction of vessel, vessel registration 
documentation (USCG or state), names of entities/individuals having a 
share(s) in a corporate/business entity, percent of ownership interest 
in corporate/business entity, Small Business Act designation/
certification, landing/delivery receipts/data and records, catch/
delivery/processing history, bill of lading, sales and contract 
agreements, amount of quota share for Individual Fishng Quota (IFQ) 
species associated with Quota Share (QS) permit, mothership/catcher 
vessel endorsement and catch history identification number and amount 
of whiting catch history assignment, name of first receiver and landing 
facility contact, first receiver catch monitor plan, state scale 
inspection documentation, landing facility owner name, physical address 
of first receiving facility, mothership catcher vessels designation of 
whether it operates in coop or non-coop fishery and obligation to 
mothership permit (number), catcher processor designation of whether it 
will operate as mothership, mothership designation of whether it will 
operate solely as mothership, cooperative name, cooperative manager 
name, mutual exception agreements, mothership processing withdrawal 
certification, cooperative/membership agreement (list of members, 
permits, vessels, cooperative requirements, amendments), list of 
vessels participating in cooperative, list of permits and their 
obligation to a mothership permit.
    Southwest Permits: Permit status information, type of application, 
name of applicant and relationship to owner or owner manager if not 
owner or operator, and names of other individuals on application 
(vessel owner(s), owner's agent, dealer, corporation members), and 
position in company if applicable, corporation name, Dunn and 
Bradstreet Corporation Number, state and date of incorporation and 
articles of incorporation (if applicable), cellular telephone number 
and/or fax number, business email address, USCG Certificate of 
Documentation number or state vessel registration number, country, 
other federal, state and commercial licenses held by operator, name of 
permit transferor and number of permit before transfer, type of vessel 
(commercial fishing, charter), vessel photograph, hull identification 
number, hailing port, hailing port state, principal port, principal 
port state, year vessel built, where vessel built, maximum vessel 
speed, fish hold capacity, processing equipment, passenger capacity, 
crew size, international radio call sign, VMS status, dolphin safety 
gear on board, previous vessel flag, previous vessel name and effective 
dates, species/gear endorsements, fishery type, type of fishing gear, 
gear code, fishing status (active or inactive), intent to make 
intentional purse seine sets on marine mammals, date, location, and 
provider of most recent tuna purse seine marine mammal skipper 
workshop, IFTP holder information for those importing species under the 
Tuna Tracking and Verification Program.
    Pacific Islands Region
    Current permit number, permit status information, type of 
application, name of applicant and of other individuals on application 
(vessel owner(s), owner's agent, dealer, corporation members), and 
position in company if applicable, corporation name, state and date of 
incorporation, cellular telephone number and/or fax number, email 
address, photograph identification, verification of citizenship or 
nationality, owner of checking account from which application 
processing fees made, date and number of check, enforcement actions, 
court and legal documents, and permit sanction notices filed by General 
Counsel, name of permit transferor and transferee and number of permit 
before transfer, letters of authorization or power of attorney, 
compliance with protected species workshop, USCG Certificate of 
Documentation number or state vessel registration number, vessel name, 
permits registered to vessel, international radio call sign, year 
vessel built, location where vessel built, endorsements, vessel 
markings and photograph, vessel refrigeration and capacity, fish hold 
capacity, communication types and addresses, fishery type, percent of 
ownership interest, ownership and catch history as basis for permit 
qualification or renewal vessel landing receipts and records, dealer 
purchase receipts, and bills of sale.
    Alaska Region
    Current permit number, permit status information, type of 
application, name of applicant and of other individuals on application 
(vessel owner(s), owner's agent, dealer, corporation members), and 
position in company if applicable, corporation name, state and date of 
incorporation and articles of incorporation (if applicable), cellular 
and/or fax telephone number, business email address, country, 
citizenship, NMFS internal identification number, USCG Certificate of 
Documentation number or state vessel registration number, vessel name, 
reference names, owner beneficiary, death certificate, marriage 
certificate, divorce decree, trust documents, probated will, medical 
information for emergency transfer of certain permits only, enforcement 
actions, court and legal documents, and permit sanction notices filed 
by General Counsel, bank account number, canceled checks, tax returns, 
name of Alaska Native tribe, community of residence, fishery community 
organization, community governing body contact person, nonprofit name, 
community represented by nonprofit, cooperative representative, percent 
of ownership interest, permit restrictions, quota type, names of other 
quota holders if affiliated with any cooperative member receiving quota 
against cap, names and relationship of permit transferor and 
transferee, transfer eligibility certificate, sector and region before 
transfer, reason for transfer, broker's name and fee, lien information 
(if applicable), quota transfer costs, permit financing source, permit 
fee, sale/lease agreement, period of lease, agreement to return shares 
(if applicable), and documentation of military service for certain 
quota leases; for crab rationalization: Affidavit that right of first 
refusal contracts were signed, number of units and pounds of fish 
transferred, applicable dealer license numbers, processing plant name 
and identification, operation type and operator, type of vessel 
registration, State of Alaska registration number, NMFS vessel 
identification number, hull identification number, hailing port and 
hailing port state, vessel breadth, gross tonnage, fuel capacity and 
horsepower, numbers of existing permits if applicable to current 
application, documentation of loss or destruction of a vessel, list of 
vessels in a vessel cooperative, vessel operations type in terms of 
catching and/or

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processing, species/gear endorsements for fisheries requiring vessel 
monitoring systems, fishery type, species or species code, fishery 
management plan, days at sea allocations, quota shares, type of fishing 
gear, gear code, vessel landing receipts and records, bills of sale, 
delivery receipts, dealer purchase receipts, and processing sector and 
facility where fish are received.
    International Affairs and Seafood Inspection: High Seas Fishing 
Compliance Act
    Name of applicant and of other individuals on application (vessel 
owner(s), vessel operator(s), owner's agent, dealer, corporation 
members), citizenship, cellular telephone and/or fax number, email, 
positions of individuals in company if applicable, corporation name, 
State and date of incorporation (if applicable), current permit number, 
permit status information, type of application, internal identification 
number, percent/rank of ownership interest, hull identification number, 
vessel photograph, type of vessel registration, USCG Certificate of 
Documentation number or state vessel registration number, vessel name, 
year vessel built, where vessel built, fish hold capacity, hailing 
port, hailing port state, crew size, international radio call sign, 
previous vessel flag, previous vessel name, fishery type, fishery 
management plan, regional fishery management organization, type of 
vessel, vessel code, and vessel refrigeration type.
    International Affairs and Seafood Inspection: Antarctic Marine 
Living Resources
    IFTP holder information, current permit number, permit status 
information, type of application, name of applicant and of other 
individuals on application (vessel owner(s), owner's agent, dealer, 
corporation members), and position in company if applicable, 
corporation name, state and date of incorporation and articles of 
incorporation (if applicable), nationality, cellular telephone and/or 
fax number, type of vessel (commercial fishing, charter), where vessel 
built, year vessel built, fish hold capacity, USCG Certificate of 
Documentation number or state vessel registration number, vessel name, 
International Maritime Organization number (if issued), vessel 
communication types and serial numbers, details of tamper-proof VMS 
elements, ice classification, processing equipment, international radio 
call sign, foreign vessel flag, previous vessel flag, previous vessel 
name, permit number of supporting foreign vessel, crew size, species 
code, type of fishing gear, information on the known and anticipated 
impacts of bottom trawling gear on vulnerable marine ecosystems, 
species and amount to be imported, and the products to be derived from 
an anticipated catch of krill.
    International Affairs and Seafood Inspection: International 
Fisheries Trade Permit
    Business name, date of incorporation, articles of incorporation on 
file, DUNS Number, business organization type, business address, 
telephone number and email address of record, temporary business, 
address, email address of record, U.S. Importer Number, contact person, 
cellular telephone number of record, foreign address of record, fax 
number of record, temporary business mailing address, temporary/
alternate address, temporary/alternate fax number, temporary/alternate 
telephone number, temporary/alternate cellular telephone number, 
business owner name, contact person title, contact person citizenship, 
contact person role, eligible owner, additional facilities: Country 
where business is based, purchased/received location name, telephone 
and fax numbers; owner of permit.
    International Affairs and Seafood Inspection: Seafood Import 
Monitoring Program and Commerce Trusted Trader Program
    IFTP holder information, employer, IFTP number and expiration date, 
attestation of all licensing, permitting, and reporting requirements 
applicable to the importation of fish and fish products, including the 
Seafood Import Monitoring Program, copy of trusted trader/internal 
control plan.
    National Saltwater Angler Registry Program
    Email address, business telephone number, designation as owner-
operator or for-hire vessel, vessel name and registration/documentation 
number, and a statement of the region(s) in which the registrant 
fishes.
    International Affairs and Seafood Inspection: Traceability 
Information Program for Seafood
    Business name, business address, Tax Identification Number (TIN), 
Employer Identification Number (EIN) or Social Security Number (SSN), 
business owner name, business owner business owner phone number, 
business owner email address, business owner website login password, 
designation as owner-operator of aquaculture facility, production 
facility name, production facility address, production date, product 
species, product form, product weight, sale date, sale weight, buyer 
name, buyer address, buyer phone number, and buyer email address.

RECORD SOURCE CATEGORIES:
    Subject individuals and those authorized by subject individuals to 
furnish information.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, and those disclosures authorized under the 
Debt Collection Act (31 U.S.C. 3718) for the purpose of collecting 
delinquent debts, all or a portion of the records or information 
contained in this system may be disclosed to authorized individuals 
and/or entities, as is determined to be relevant and necessary, as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    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, 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, 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, as a 
routine use, in the course of presenting evidence to a court, 
magistrate or administrative tribunal, including disclosures to 
opposing counsel representing the requester and/or subject of the 
records 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, as a 
routine use, 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).
    5. A record in this system may be disclosed to the Department of 
Homeland Security for the purposes of determining the admissibility of 
certain seafood imports into the United States.

[[Page 52308]]

    6. A record in this system of records may be disclosed, as a 
routine use, 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).
    7. A record in this system of records may be disclosed to approved 
persons at the state or interstate level within the applicable 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.
    8. A record in this system of records may be disclosed to the 
applicable Fishery Management Council (Council) staff and contractors 
tasked with the development of analyses to support Council decisions 
about Fishery Management Programs.
    9. A record in this system of records may be disclosed to the 
applicable NMFS 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.
    10. A record in this system of records may be disclosed to the 
applicable regional or international fisheries management body for the 
purposes of identifying current permit owners and vessels pursuant to 
applicable statutes or regulations and/or conservation and management 
measures adopted by a regional or international fisheries management 
body, such as: The Food and Agriculture Organization of the United 
Nations, Commission for the Conservation of Antarctic Marine Living 
Resources, Inter-American Tropical Tuna Commission, International 
Pacific Halibut Commission, and International Commission for the 
Conservation of Atlantic Tunas.
    11. A record in this system of records may be disclosed to 
appropriate agencies, entities, and persons when (1) the Department 
suspects confirmed that there has been a breach of the system of 
records; (2) the Department has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
the Department (including its information systems, programs, and 
operations), the Federal Government, or national security; 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 breach or to prevent, minimize, 
or remedy such harm.
    12. A record in this system of records may be disclosed to another 
Federal agency or Federal entity, when the Department determines that 
information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    13. A record in this system of records may be disclosed to student 
volunteers, individuals working under a personal services contract, and 
other workers who technically do not have the status of Federal 
employees, when they are performing work for the Department and/or its 
agencies, as authorized by law, as needed to perform their assigned 
Agency functions.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Computerized database; CDs; back-up files stored on tape, paper 
records stored in file folders in locked metal cabinets and/or locked 
rooms.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are organized and retrieved by NMFS internal identification 
number, name of entity, permit number, vessel name or identification 
number, or processing plant name. Records can be accessed by any file 
element or any combination thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    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; NOAA Administrative Order 205-01; and 
the NMFS Records Disposition Schedule, Chapter 1500.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The system of records is stored in buildings with doors that are 
locked during and after business hours. Visitors to the facilities must 
register with security guards and must be accompanied by Federal 
personnel at all times. Records are stored in a locked room and/or a 
locked file cabinet. Electronic records containing Privacy Act 
information are protected by a user identification/password. The user 
identification/password is issued to individuals as authorized by 
authorized personnel.
    All electronic information disseminated by NOAA adheres to the 
standards set out in Appendix III, Security of Automated Information 
Resources, OMB Circular A-130; the Computer Security Act (15 U.S.C. 
278g-3 and 278g-4); and the Government Information Security Reform Act, 
Public Law 106-398; and follows NIST SP 800-18, Guide for Developing 
Security Plans for Federal Information Systems; NIST SP 800-26, 
Security Self-Assessment Guide for Information Technology Systems; and 
NIST SP 800-53, Recommended Security Controls for Federal Information 
Systems.

RECORD ACCESS PROCEDURES:
    Requests from individuals should be addressed to: Assistant 
Administrator for Management and Budget, NOAA, 1315 East-West Highway, 
Silver Spring, MD 20910.

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 cited in Record Access Procedures above.

NOTIFICATION PROCEDURES:
    Requester should provide name pursuant to the inquiry provisions of 
the Department's rules which appear in 15 CFR part 4b. Use address 
cited in Record Access Procedures above.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

HISTORY:
    80 FR 47457, August 7, 2015, Notice of Proposed Amendment.

    Dated: July 21, 2020.
Catrina D. Purvis,
Department of Commerce, Chief Privacy Officer, Director of Open 
Government.
[FR Doc. 2020-18659 Filed 8-24-20; 8:45 am]
BILLING CODE 3510-22-P