Privacy Act of 1974; Amended System of Records

Citation85 FR 52303
Record Number2020-18659
Published date25 August 2020
SectionNotices
CourtCommerce Department
Federal Register, Volume 85 Issue 165 (Tuesday, August 25, 2020)
[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.
                -----------------------------------------------------------------------
                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
                [[Page 52307]]
                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
                

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