[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Notices]
[Pages 2230-2236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00535]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[DOI-2023-0010; FF10T03000/234/FXGO16640970500]
Privacy Act of 1974; System of Records
AGENCY: U.S. Fish and Wildlife Service, Interior.
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Interior (DOI) is issuing a public
notice of its intent to modify the U.S. Fish and Wildlife Service (FWS)
Privacy Act system of records, INTERIOR/FWS-21, Permits System. FWS is
consolidating all of the FWS permits systems of records under this
system of records notice (SORN) and making updates to accurately
reflect management of the system of records. This modified system will
be included in DOI's inventory of record systems.
DATES: This modified system will be effective upon publication. New or
modified routine uses will be effective February 12, 2024. Submit
comments on or before February 12, 2024.
ADDRESSES: You may send comments identified by docket number [DOI-2023-
0010] by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for sending comments.
Email: [email protected]. Include docket number
[DOI-2023-0010] in the subject line of the message.
U.S. mail or hand-delivery: Teri Barnett, Departmental
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW,
Room 7112, Washington, DC 20240.
Instructions: All submissions received must include the agency name
and docket number [DOI-2023-0010]. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
[[Page 2231]]
FOR FURTHER INFORMATION CONTACT: Jennifer L. Schmidt, Associate Privacy
Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: IRTM,
Falls Church, VA 22041-3803, [email protected] or (703) 358-2291.
SUPPLEMENTARY INFORMATION:
I. Background
FWS maintains five permitting systems of records to help FWS
perform its conservation and wildlife management mission. These
permitting systems enable the collection and maintenance of necessary
information about individuals and entities such as businesses, museums,
zoos, universities, or government agencies in order to establish and
verify their eligibility for a permit or license to conduct varied
activities such as development, implementing conservation actions,
recreation, subsistence, research and/or rehabilitation that affect
wildlife and plants protected under various Federal wildlife laws and
treaties and on National Wildlife Refuges or National Fish Hatcheries.
FWS has implemented an ePermits System to automate the administration
of these permits into one consolidated system in order to standardize
and ensure consistency of information collected across FWS and reduce
the burden on the public.
FWS is publishing this notice to consolidate all the permitting
systems of records listed below under the INTERIOR/FWS-21, Permits
System, 68 FR 52610 (September 4, 2003); modification published 73 FR
31877 (June 4, 2008) and 88 FR 16277 (March 16, 2023). FWS will rescind
the remaining permits systems of records listed below once this
modified INTERIOR/FWS-21 notice is published.
INTERIOR/FWS-5, National Wildlife Refuge Special Use
Permits, 64 FR 29055 (May 28, 1999); modification published 73 FR 31877
(June 4, 2008) and 88 FR 16277 (March 16, 2023);
INTERIOR/FWS-7, Water Development Project and/or Effluent
Discharge Permit Application Review, 46 FR 18367 (March 24, 1981);
modification published 73 FR 31877 (June 4, 2008) and 88 FR 16277
(March 16, 2023);
INTERIOR/FWS-10, National Fish Hatchery Special Use
Permits, 64 FR 29055 (May 28, 1999); modification published 73 FR 31877
(June 4, 2008) and 88 FR 16277 (March 16, 2023);
INTERIOR/FWS-30, Marine Mammals Management, Marking,
Tagging and Reporting Program, 58 FR 41803 (August 5, 1993);
modification published 73 FR 31877 (June 4, 2008) and 88 FR 16277
(March 16, 2023).
FWS is modifying the AUTHORITY FOR MAINTENANCE OF THE SYSTEM
section by adding its establishing legislation, the Fish and Wildlife
Act of 195616 U.S.C. 742a et seq. FWS is adding the Alaska National
Interests Lands Conservation Act (ANILCA), U.S.C. Titles 16 and 43
(various sections) which authorizes the collection and maintenance of
information necessary to administer the Federal Subsistence Management
Program. From INTERIOR/FWS-5 and INTERIOR/FWS-10, FWS will also add the
Refuge Recreation Act of 1962, 16 U.S.C. 460k--460k-4; The National
Wildlife Refuge System Administration Act of 1966, 16 U.S.C. 668dd-ee);
and the National Wildlife Refuge System Improvement Act of 1997, Public
Law 105-57. These authorities govern the administration and public uses
of national wildlife refuges, wetland management districts, and
national fish hatcheries. From INTERIOR/FWS-7 FWS is adding the Fish
and Wildlife Coordination Act, 16 U.S.C. 661-666c. This Act requires
FWS to investigate and report on proposed Federal actions that affect
any stream or other body of water and to provide recommendations to
minimize impacts on fish and wildlife resources. The authority from
INTERIOR/FWS-30, the Marine Mammal Protection Act of 1972, 16 U.S.C.
Chapter 31, is already included in INTERIOR/FWS-21 as an authority.
FWS is updating the PURPOSE(S) OF THE SYSTEM section to include
additional purposes from the consolidated notices including: to conduct
permitted activities on a National Wildlife Refuges or a National Fish
Hatchery, to review and comment on other Federal agency permit
applications as required by law; to monitor authorized subsistence
harvests by Alaska natives, and to help control illegal activities in
take, trade, and transport of protected wildlife.
FWS is reorganizing and expanding the CATEGORIES OF INDIVIDUALS
COVERED BY THE SYSTEM and the CATEGORIES OF RECORDS IN THE SYSTEM
sections. The categories of individuals are grouped into three main
categories: (1) FWS employees and contractors with official roles in
the permitting process and their profile records; (2) Applicants,
including applicant sponsors, affiliates, assistants, and others
involved in the permitted activity and application records including
waivers and appeals; and (3) Experts, consultants, and other authorized
officials within and outside of the Federal government who provide
insight or advice on an application, and the records of the agency's
decision. This modification will also expand the categories of records
listed in the referenced SORNs to cover all permits, licenses and
application records received from individuals within and external to
the Federal government involved in a specific application or permitting
program. The RECORD SOURCE CATEGORIES section will also be expanded to
include not only individuals and entities that apply for a permit or
license, but also those with an official role in the processing or
adjudication of a permit application; others who may have information
relevant to an inquiry; and members of the public who interact with FWS
through a permit program.
FWS is modifying the ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES section
to ensure the efficient and effective wildlife management and
conservation functions, to carry out statutory responsibilities and to
promote integrity of the records in the system. FWS is proposing new
and modified routine uses in INTERIOR/FWS-21 to make them consistent
with DOI standard routine uses and revise them from a numeric to an
alphabetic list (A--N). Routine use A has been modified to further
clarify disclosures to the Department of Justice or other Federal
agencies when necessary in relation to litigation or judicial
proceedings. Routine use B has been modified to clarify disclosures to
a congressional office to respond to or resolve an individual's request
made to that office. Routine use D has been modified to allow DOI to
share information with other agencies when there is an indication of a
violation of law. Routine use I has been modified to include the
sharing of information with grantees and shared service providers of
DOI that perform services requiring access to these records on DOI's
behalf to carry out the purposes of the system.
Additionally, routine uses from the INTERIOR/FWS-21 SORN were
included in this notice as routine uses O-T. Routine use O has been
modified to include sharing with international agencies and to clarify
that decisions may also be made on licenses. Routine use P was revised
to clarify when permitting information must be released to the public
for notice and/or comment. Routine use Q was modified to include Tribal
and international wildlife and plant agencies for the purpose of
exchanging information on permits or licenses to meet applicable
permitting requirements. Routine use S has been modified to include
sharing information
[[Page 2232]]
with international authorities who receive, treat or diagnose sick,
orphaned, and injured birds. Routine use T was modified to correct the
name of the U.S. Government Accountability Office.
Proposed routine use C facilitates sharing of information with the
Executive Office of the President to resolve issues concerning
individual's records. Proposed routine use E allows DOI to share
information with other Federal agencies to assist in the performance of
their responsibility to ensure records are accurate and complete, and
to respond to requests from individuals who are the subject of the
records. Proposed routine use F facilitates sharing of information
related to hiring, issuance of a security clearance, or a license,
contract, grant or benefit. Proposed routine use G allows sharing with
the National Archives and Records Administration to conduct records
management inspections. Proposed routine use H allows sharing of
information with territorial organizations in response to court orders
or for discovery purposes related to litigation. Proposed routine use L
allows sharing with OMB in relation to legislative affairs mandated by
OMB Circular A-19. Proposed routine use M allows sharing of information
with the Department of the Treasury to recover debts owed to the United
States. Proposed routine use N allows sharing with the news media and
the public, when it is necessary to preserve the confidence in the
integrity of DOI, demonstrate the accountability of its officers,
employees, or individuals covered in the system, or where there exists
a legitimate public interest in the disclosure of the information such
as circumstances that support a legitimate law enforcement or public
safety function, or protects the public from imminent threat of life or
property. Proposed routine uses U-X were added to authorize the release
of certain permitting information to the U.S. Department of
Agriculture's Animal and Plant Health Inspection Service (APHIS), the
U.S. Department of Commerce's National Oceanic and Atmospheric
Administration (NOAA), and the U.S. Department of Homeland Security's
Customs and Border Patrol, and other Federal, Tribal, State, local and
international agencies for the purpose of coordinating response to
emergencies or natural disasters. Finally, FWS will make general
updates to the remaining sections to accurately reflect management of
the system of records in accordance with OMB Circular A-108.
DOI has exempted records maintained in this system from certain
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). See
Privacy Act exemptions at 43 CFR 2.254. This revised notice makes a
correction from the previous publication which erroneously referenced
Privacy Act exemptions at 5 U.S.C. 552a(j)(2) in the Exemptions
section. DOI will apply the exemptions on a case-by-case basis to the
extent records from the consolidated system include investigatory
material compiled for law enforcement purposes.
Pursuant to 5 U.S.C. 552a(b)(12), FWS may disclose information from
this system to consumer reporting agencies as defined in the Fair
Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)) to aid in the collection
of outstanding debts owed to the Federal Government.
II. Privacy Act
The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing the means by
which Federal agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to records about
individuals that are maintained in a ``system of records.'' A ``system
of records'' is a group of any records under the control of an agency
from which information is retrieved by the name of an individual or by
some identifying number, symbol, or other identifying particular
assigned to the individual. The Privacy Act defines an individual as a
United States citizen or lawful permanent resident. Individuals may
request access to their own records that are maintained in a system of
records in the possession or under the control of DOI by complying with
DOI Privacy Act regulations at 43 CFR part 2, subpart K, and following
the procedures outlined in the Records Access, Contesting Record, and
Notification Procedures sections of this notice.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the existence and character of each
system of records that the agency maintains, and the routine uses of
each system. The INTERIOR/FWS-21, Permits System, SORN is published in
its entirety below. In accordance with 5 U.S.C. 552a(r), DOI has
provided a report of this system of records to the Office of Management
and Budget and to Congress.
III. Public Participation
You should be aware your entire comment including your personally
identifiable information, such as your address, phone number, email
address, or any other personal identifying information in your comment,
may be made publicly available at any time. While you may request to
withhold your personally identifiable information from public review,
we cannot guarantee we will be able to do so.
SYSTEM NAME AND NUMBER:
INTERIOR/FWS-21, Permits System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Information Technology Resources Management (IRTM), U.S. Fish and
Wildlife Service, 5275 Leesburg Pike MS: IRTM, Falls Church, VA 22041-
3803, FWS Regional Offices and field locations, and DOI/FWS contractor
facilities. A current listing of these offices may be obtained by
writing to the System Manager/s or by visiting the FWS website at
https://www.fws.gov.
SYSTEM MANAGER(S):
(1) Assistant Director, U.S. Fish and Wildlife Service, Division of
Migratory Birds, 1849 C Street NW, MS: MB MIB, Washington, DC 20240,
has overall responsibility for the policies and procedures used to
operate the system.
(2) FWS permitting programs in headquarters and field offices have
responsibility for the data inputted and maintained in the system and
for responding to requests for records from their respective programs.
These programs are as follows:
Assistant Director, Ecological Services, U.S. Fish and
Wildlife Service, 1849 C Street NW, MS: ES MIB, Washington, DC 20240;
Assistant Director, Office of Law Enforcement, U.S. Fish
and Wildlife Service, 5275 Leesburg Pike, MS: OLE, Falls Church, VA
22041-3803;
Assistant Director, International Affairs, U.S. Fish and
Wildlife Service, 5275 Leesburg Pike, MS: DMA, Falls Church, VA 22041-
3803;
Chief, National Wildlife Refuge System, U.S. Fish and
Wildlife Service, 1849 C Street NW, MS: NWRS MIB, Washington, DC 20240;
and
Assistant Director, Fish and Aquatic Conservation, U.S.
Fish and Wildlife Service, 5275 Leesburg Pike, MS: FAC, Falls Church,
VA 22041-3803.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Fish and Wildlife Act of 1956, 16 U.S.C. 742a et seq.; Refuge
Recreation Act of 1962, 16 U.S.C. 460k--460k-4; The National Wildlife
Refuge System Administration Act of 1966, 16 U.S.C. 668dd et seq.; The
National Wildlife Refuge System Improvement Act of
[[Page 2233]]
1977, Pub. L. 105-57; Fish and Wildlife Coordination Act, 16 U.S.C.
661-666c; Bald and Golden Eagle Protection Act, 16 U.S.C. 668-668d;
Endangered Species Act of 1973, 16 U.S.C. 1531 et seq.); Migratory Bird
Treaty Act, 16 U.S.C. 703-712; Marine Mammal Protection Act of 1972, 16
U.S.C. Chapter 31; Wild Bird Conservation Act, 16 U.S.C. Chapter 69;
Lacey Act, 18 U.S.C. 42, and the Lacey Act Amendments, 16 U.S.C. 3371-
3378; and the Alaska National Interest Lands Conservation Act (ANILCA),
U.S.C. Titles 16 and 43 (various sections).
PURPOSE(S) OF THE SYSTEM:
The purpose of the permits system of records is to establish and
verify an applicant's eligibility for a permit or license to conduct
activities which affect wildlife and plants protected under various
Federal wildlife laws and conservation treaties or on National Wildlife
Refuges or National Fish Hatcheries. FWS uses the system to conduct the
review and approval or denial process for a permit or license, evaluate
the effectiveness of permit programs, meet administrative reporting
requirements, generate budget estimates and track performance, and
provide the public and permittees with permit-related information. The
system also helps FWS monitor the use and trade of protected wildlife
and plants including the import and export of wildlife and wildlife
products into and out of the U.S.; assess the impact of permitted
activities on the conservation and management of species and their
habitats, including authorized subsistence harvests by Alaska Natives;
help control illegal activities in take, trade, and transport of
protected wildlife; analyze data and produce reports on the use and
trade in protected wildlife and plants in support of listing decisions
and other actions; review and comment on other Federal agency permit
applications as required by law, and assist foreign conservation
agencies with analyses of international trade in wildlife species
between the U.S. and foreign countries.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include:
(1) Current and former FWS employees and contractors responsible
for processing permit or license applications and/or monitoring
compliance.
(2) Applicants, including members of the public or individuals
acting on behalf of entities such as businesses, museums, zoos,
universities, non-governmental organizations (NGOs) and government
agencies, who submit an application for a permit or license to conduct
certain activities regulated by FWS, or have a permit application or
permit itself initiated, issued, amended, modified, inactivated, denied
or revoked; permit applicants' business principal officer and/or
customs agents, if applicable; and other individuals that may assist
the applicant in conducting the permitted activity such as assistants,
subcontractors, sub-permittees, associates, or consultants, as well as
individuals who provide professional recommendations or personal
references.
(3) Expert consultants or others who participate in administering
the permit program, have information relevant to an inquiry or
application, and/or assist the FWS in make permitting decisions such as
State-licensed veterinarians, specialists, Tribal Representatives, or
Title 50 Certifying Officials.
The system contains records on corporations and other business
entities including Tax Identification Numbers (TINs), which are not
subject to the Privacy Act. However, records pertaining to individuals
acting on behalf of corporations and other business entities may
reflect personal information that is subject to the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the system include:
(1) FWS employee and contractor profile records that contain name,
username, title/position, business address, business fax number,
business phone number, and business email address to facilitate
communication between the permitting program and permit applicants and
holders.
(2) Permit and license application records and supporting
documentation for permitted activities which include but are not
limited to: applicant/holder name, address, date of birth, TIN, or the
last four digits of individual applicant's Social Security number if
TIN is not available, occupation, home and work phone numbers,
facsimile number, email address, type of permit, permit number, region
where applicant is located, and application received date, effective
date; species, import/export license number, Convention on the
International Trade in Endangered Species (CITES) Document Number,
Foreign Law Document Number, Custom Document Number; carrier
information, insurance coverage if applicable; locational information,
time and map of permitted activity; logistical and transportation
details including description of onsite or living or working
accommodations, vehicle, boat or plane descriptions and license plate
numbers, and other related information depending on the permit type;
parent or guardian name and contact information for all refuge hunting
and fishing permit applicants aged 16 and 17 in case of an emergency;
refuge mentored or sponsored hunting and fishing permit applicants'
disability status, if applicable; health or medical information in case
of an emergency; names and addresses of applicant assistants,
subcontractors or sub-permittees; any other certifications, licenses or
permits issued by another organization that are required for the
permitted activity; current or past history of violations of State,
Federal, or local laws or regulations related to fish and wildlife;
professional references and institutional affiliations, cooperators or
sponsors and their relationship to applicant; and records of requests
for reconsideration and appeals of permit or license denials or
revocation decisions.
(3) Determinations of eligibility including: decisions,
correspondence or evaluations of information to make a decision on an
application for a permit, or an appeal of a denial for a permit
including Letters of Authorization; documents and records related to
the FWS monitoring of activities that occur under the permit or license
once issued; and documents that reflect the general administrative
processing of the application and permit program such as public review
required by certain laws, including comments received, consultations
with subject matter experts, within FWS and in State, Federal, local,
and foreign agencies for the purpose of obtaining scientific,
management, and legal advice.
RECORD SOURCE CATEGORIES:
Records in the system are obtained primarily from permit
applicants, permittees and those who have had a permit or license
application or permit itself initiated, issued, amended, modified,
inactivated, denied, or revoked. Information is also obtained from
other individuals or agencies with an official role in the processing
or adjudication of a FWS permit application such as DOI and other
Federal officials, Tribal, State and local officials, subject matter
experts, or others who may have information relevant to an inquiry, and
members of the public who communicate, interact with, or request
assistance or services from a FWS permit program.
[[Page 2234]]
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, all or a portion of the records or
information contained in this system may be disclosed outside DOI as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
(1) DOI or any component of DOI;
(2) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(3) Any DOI employee or former employee acting in his or her
official capacity;
(4) Any DOI employee or former employee acting in his or her
individual capacity when DOI or DOJ has agreed to represent that
employee or pay for private representation of the employee; or
(5) The United States Government or any agency thereof when DOJ
determines that DOI is likely to be affected by the proceeding.
B. To a congressional office when requesting information on behalf
of, and at the request of, the individual who is the subject of the
record.
C. To the Executive Office of the President in response to an
inquiry from that office made at the request of the subject of a record
or a third party on that person's behalf, or for a purpose compatible
with the reason for which the records are collected or maintained.
D. To any criminal, civil, or regulatory law enforcement authority
(whether Federal, State, Territorial, local, Tribal or foreign) when a
record, either alone or in conjunction with other information,
indicates a violation or potential violation of law--criminal, civil,
or regulatory in nature, and the disclosure is compatible with the
purpose for which the records were compiled.
E. To an official of another Federal agency to provide information
needed in the performance of official duties related to reconciling or
reconstructing data files or to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
F. To Federal, State, Territorial, local, Tribal, or foreign
agencies that have requested information relevant or necessary to the
hiring, firing or retention of an employee or contractor, or the
issuance of a security clearance, license, contract, grant or other
benefit, when the disclosure is compatible with the purpose for which
the records were compiled.
G. To representatives of the National Archives and Records
Administration (NARA) to conduct records management inspections under
the authority of 44 U.S.C. 2904 and 2906.
H. To State, Territorial, and local governments and Tribal
organizations to provide information needed in response to court order
and/or discovery purposes related to litigation, when the disclosure is
compatible with the purpose for which the records were compiled.
I. To an expert, consultant, grantee, shared service provider, or
contractor (including employees of the contractor) of DOI that performs
services requiring access to these records on DOI's behalf to carry out
the purposes of the system.
J. To appropriate agencies, entities, and persons when:
(1) DOI suspects or has confirmed that there has been a breach of
the system of records;
(2) DOI has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DOI (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 DOI's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
K. To another Federal agency or Federal entity, when DOI 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.
L. To the Office of Management and Budget (OMB) during the
coordination and clearance process in connection with legislative
affairs as mandated by OMB Circular A-19.
M. To the Department of the Treasury to recover debts owed to the
United States.
N. To the news media and the public, with the approval of the
Public Affairs Officer in consultation with counsel and the Senior
Agency Official for Privacy, where there exists a legitimate public
interest in the disclosure of the information, except to the extent it
is determined that release of the specific information in the context
of a particular case would constitute an unwarranted invasion of
personal privacy.
O. To subject matter experts, including but not limited to experts
in Federal, Tribal, State, local and international agencies, for the
purpose of obtaining scientific, management, and legal advice relevant
to deciding on an application for a permit or license.
P. To the public as a result of publishing Federal Register notices
announcing the receipt of permit applications under the U.S. Endangered
Species Act, the Marine Mammal Protection Act, and the Wild Bird
Conservation Act to provide the public opportunity to comment and
provide relevant information to assist in the decision making; as a
result of publishing approved Candidate Conservation Agreements and
Assurances (CCAAs), Safe Harbor Agreements (SHAs), and Habitat
Conservation Plans; or otherwise required by law.
Q. To Federal, Tribal, State, local and international wildlife and
plant agencies for the exchange of information on permits or licenses
granted or denied to assure compliance with all applicable permitting
requirements.
R. To individuals authorized as Captive-bred Wildlife registrants
under the Endangered Species Act for the exchange of captive-born, non-
native endangered and threatened species, and to share information on
new developments and techniques of captive breeding of these protected
species.
S. To Federal, Tribal, State, local and international authorities,
federally permitted rehabilitators and licensed veterinarians who are
permitted to receive, treat, or diagnose sick, orphaned, and injured
birds under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act, and individuals seeking a permitted rehabilitator, in
order to place a sick, injured, or orphaned bird in need of care.
T. To the U.S. Government Accountability Office or Congress when
the information is required for the evaluation of the permit programs.
U. To the U.S. Department of Agriculture's Animal and Plant Health
Inspection Service (APHIS) for the exchange of information related to
wildlife damage to agriculture, human
[[Page 2235]]
health and safety, natural resources, and human property.
V. To the U.S. Department of Commerce's National Oceanic and
Atmospheric Administration (NOAA) for the exchange of information
related to management of national fisheries.
W. To the U.S. Department of Homeland Security's U.S. Customs and
Border Protection to facilitate inspections of wildlife and wildlife
product shipments into and out of the U.S. and enforce wildlife import
and export laws and regulations.
X. To Federal, Tribal, State, local and international agencies for
the purpose of coordinating response to emergencies or natural
disasters in regards to wildlife or habitat impacts.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records are contained in file folders stored in file
cabinets. Electronic records are contained in removable drives,
computer servers, email, and electronic databases.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved primarily by the permit application or file
number or the name of permit applicant or holder. Records are also
retrieved by date, wildlife species or location.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are primarily maintained under the FWS
Records Schedule for Permits which is approved by NARA (N1-022-05-01/
108). The disposition is temporary. Records are destroyed 10 years
after the permit expires.
Approved destruction methods for temporary records that have met
their retention period include shredding or pulping paper records and
erasing or degaussing electronic records in accordance with
Departmental policy and NARA guidelines.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The records contained in this system are safeguarded in accordance
with 43 CFR 2.226 and other applicable security and privacy rules and
policies. During normal hours of operation, paper records are
maintained in locked file cabinets under the control of authorized
personnel. Computer servers on which electronic records are stored are
located in secured DOI controlled facilities with physical, technical
and administrative levels of security to prevent unauthorized access to
the DOI network and information assets. Access is granted to authorized
personnel based on roles, and each person granted access to the system
must be individually authorized to use the system. A Privacy Act
Warning Notice appears on computer monitor screens when records
containing information on individuals are first displayed. Data
exchanged between the servers and the system is encrypted. Backup tapes
are encrypted and stored in a locked and controlled room in a secure,
off-site location.
Computerized records systems follow the National Institute of
Standards and Technology (NIST) privacy and security standards as
developed to comply with the Privacy Act of 1974, as amended, 5 U.S.C.
552a; Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.; Federal
Information Security Modernization Act of 2014 (FISMA), 44 U.S.C. 3551
et seq.; and the Federal Information Processing Standards 199:
Standards for Security Categorization of Federal Information and
Information Systems. The system is hosted in a certified Federal Risk
and Authorization Management Program (FedRAMP) cloud-based environment
employing security and privacy controls defined by NIST Special
Publication (SP) 800-53. The system cloud-based environment meets
FedRAMP and FISMA compliance standards for Moderate impact systems.
Security controls include multi-factor authentication, database
permissions, encryption, firewalls, audit logs, and network system
security monitoring, and software controls.
Access to records in the system is limited to authorized personnel
who have a need to access the records in the performance of their
official duties, and each user's access is restricted to only the
functions and data necessary to perform that person's job
responsibilities. System administrators and authorized users are
trained and required to follow established internal security protocols
and must complete all security, privacy, and records management
training and sign the DOI Rules of Behavior. A Privacy Impact
Assessment was conducted on the ePermits system to ensure that Privacy
Act requirements are met, and appropriate privacy controls were
implemented to safeguard the personally identifiable information
contained in the system.
RECORD ACCESS PROCEDURES:
DOI has exempted portions of this system from the access provisions
of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). FWS will make
access determinations on a case-by-case basis.
To the extent that portions of this system are not exempt, an
individual requesting access to their records should send a written
inquiry to the System Manager identified above. DOI forms and
instructions for submitting a Privacy Act request may be obtained from
the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must include a general description of
the records sought and the requester's full name, current address, and
sufficient identifying information such as date of birth or other
information required for verification of the requester's identity. The
request must be signed and dated and be either notarized or submitted
under penalty of perjury in accordance with 28 U.S.C. 1746. Requests
submitted by mail must be clearly marked ``PRIVACY ACT REQUEST FOR
ACCESS'' on both the envelope and letter. A request for access must
meet the requirements of 43 CFR 2.238.
CONTESTING RECORD PROCEDURES:
DOI has exempted portions of this system from the amendment
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). FWS will
make amendment determinations on a case-by-case basis.
To the extent that portions of this system are not exempt, an
individual requesting amendment of their records should send a written
request to the applicable System Manager as identified above. DOI
instructions for submitting a request for amendment of records are
available on the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must clearly
identify the records for which amendment is being sought, the reasons
for requesting the amendment, and the proposed amendment to the record.
The request must include the requester's full name, current address,
and sufficient identifying information such as date of birth or other
information required for verification of the requester's identity. The
request must be signed and dated and be either notarized or submitted
under penalty of perjury in accordance with 28 U.S.C. 1746. Requests
submitted by mail must be clearly marked ``PRIVACY ACT REQUEST FOR
AMENDMENT'' on both the envelope and letter. A request for amendment
must meet the requirements of 43 CFR 2.246.
NOTIFICATION PROCEDURES:
DOI has exempted portions of this system from the notification
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). FWS will
make notification determinations on a case-by-case basis.
To the extent that portions of this system are not exempt, an
individual requesting notification of the existence
[[Page 2236]]
of records about them should send a written inquiry to the applicable
System Manager as identified above. DOI instructions for submitting a
request for notification are available on the DOI Privacy Act Requests
website at https://www.doi.gov/privacy/privacy-act-requests. The
request must include a general description of the records and the
requester's full name, current address, and sufficient identifying
information such as date of birth or other information required for
verification of the requester's identity. The request must be signed
and dated and be either notarized or submitted under penalty of perjury
in accordance with 28 U.S.C. 1746. Requests submitted by mail must be
clearly marked ``PRIVACY ACT INQUIRY'' on both the envelope and letter.
A request for notification must meet the requirements of 43 CFR 2.235.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
This system contains records related to law enforcement activities
that are exempt from certain provisions of the Privacy Act, 5 U.S.C.
552a(k)(2). Pursuant to the Privacy Act, 5 U.S.C. 552a(k)(2), DOI has
exempted portions of this system from the following subsections of the
Privacy Act: (c)(3), (d), (e)(1), (e)(4)(G) through (e)(4)(I), and (f).
HISTORY:
68 FR 52610 (September 4, 2003); modification published at 73 FR
31877 (June 4, 2008) and 88 FR 16277 (March 16, 2023).
Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2024-00535 Filed 1-11-24; 8:45 am]
BILLING CODE 4333-15-P