SORN FWS-21 Permits System 73 FR 31877 06042008

FWS-21 Permits System
68 FR 52610, September 4, 2003; Modification published 73 FR 31877, June
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Privacy Act of 1974, As Amended; Revision of a System of Records
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed revisions to an existing system of records.
-----------------------------------------------------------------------------------------------------SUMMARY: The Department of the Interior (DOI) is issuing public notice of i
system of records in its current inventory, Permits System--Interior, FWS-21,
Act of 1974. This action is necessary to meet the requirements of the Privacy
notice in the Federal Register of amended systems of records. A notice on th
was previously published in the Federal Register on December 6, 1983, (48 F
agency is updating information on the system and adding new information on
records, purposes, routine uses, and procedures.
DATES: Comments on this revised system of records must be received on o
2003.
ADDRESSES: Address all comments on this revised system of records to U
Service, Privacy Act Officer, Mail Stop 222, Arlington Square Building, 4401 N
Arlington, Virginia 22203, or by email at [email protected].
FOR FURTHER INFORMATION CONTACT: Mr. Johnny R. Hunt, Service Pr
Fish and Wildlife Service, telephone: (703) 358-1730, or fax: (703) 358-2269.
SUPPLEMENTARY INFORMATION: The U.S. Fish and Wildlife Service’s (F
collect information to establish and verify an applicant’s eligibility for a permit
activities with wildlife and plants under various Federal wildlife laws and treat

would be released to the Department of Justice. We also propose to modify r
subject matter experts that provide advice on the issuance of permits; Federa
foreign wildlife and plant agencies for the exchange of permitting information;
in the breeding of endangered or threatened species under Captive-bred Wild
appropriate authorities and others who need to know who is permitted to rece
sick, orphaned, and injured migratory birds; appropriate agencies when we n
activities conducted under a permit or evaluate regulated trade and use; a co
response to an inquiry an individual has made; the General Accounting Office
the information is required for the evaluation of the permit programs; and con
consultations to accomplish a FWS function related to this system. The expa
not require new information to be collected.
The Privacy Act (5 U.S.C. 552a(e)(11)) requires that the public be provided a
which to comment on the intended use of the information in the system of rec
Management and Budget (OMB), in Circular A-130, requires an additional 10
of 40 days) in which to make these comments. Any persons interested in com
proposed system notice may do so by submitting comments in writing as indi
under ADDRESSES. Comments received within 40 days of publication will be
The system will be effective as proposed at the end of the comment period, u
received that would require a contrary determination. We will publish a revise
changes based on our review of comments received.
Dated: August 29, 2003.
John D. Kraus,
Chief, Division of Policy and Directives Management, U.S. Fish and Wildlife S
INTERIOR/FWS-21
SYSTEM NAME:
Permits System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The records are stored at the following offices of the U.S. Fish and Wildlife Se
(1) For the Endangered Species Program:
(a) Regional Endangered Species Offices (see 50 CFR 2.2 for ad
(b) Division of Consultation, HCPs, Recovery and State Grants a
of Conservation and Classification, Endangered Species Program
Wildlife Service, Mail Stop 420 Arlington Square Building, 4401 N
Arlington Virginia 22203

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Records are maintained on applicants who seek permits to conduct certain a
wildlife and plants protected and/or regulated under the following Federal law
Golden Eagle Protection Act, Convention on International Trade in Endanger
Fauna and Flora, Endangered Species Act, Marine Mammal Protection Act, M
Act, Lacey Act, and Wild Bird Conservation Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records contain the name, address, date of birth, Social Security Numbe
and work phone numbers, facsimile number, and email address of someone
permit. For eagle permits for Native American religious purposes, the records
affiliation and, at the applicant's discretion, religious ceremony. The records a
qualifications of the applicant (such as, education and experience), the locatio
purposes of the proposed activity, and reports of activities conducted under a
include documents that reflect the general administrative processing of the ap
public review required by certain laws, including comments received; our con
matter experts, including but not limited to experts within the FWS and in Sta
foreign agencies, for the purpose of obtaining scientific, management, and le
evaluation of information to make a decision on an application for a permit, a
that occur under a permit. Although the system contains records on corporati
business entities including Tax Identification Number, only records containing
on individuals are subject to the Privacy Act.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d); Migratory Bird T
703-712); Marine Mammal Protection Act (16 U.S.C. 1361-1407); Endangere
U.S.C. 1531-1544); Wild Bird Conservation Act (16 U.S.C. 4901-4916); and L
(18 U.S.C. 42), and Title 50, parts 10, 13, 14, 15, 16, 17, 18, 21, 22, and 23 o
Regulations.
PURPOSE(S):
The purposes are to establish and verify an applicant's eligibility for a permit t
which affect wildlife and plants protected under a number of Federal wildlife la
produce reports to monitor the use and trade in protected wildlife and plants;
impact of permitted activities on the conservation and management of specie
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDIN
USERS AND THE PURPOSES OF SUCH USES:
The FWS is the primary user of the system, and the primary uses of the reco
(1) To establish and verify an applicant's eligibility for a permit to condu
protected wildlife and plants under a number of conservation laws and t
(2) To provide the public and permittees with permit-related information

(1) To subject matter experts, including but not limited to experts in Sta
foreign agencies, for the purpose of obtaining scientific, management, a
relevant to making a decision on an application for a permit.
(2) To the public as a result of publishing Federal Register notices anno
permit applications for public comment or notice of the decision on a pe
(3) To Federal, State, local, or foreign wildlife and plant agencies for the
information on permits granted or denied to assure compliance with all
requirements.
(4) To Captive-bred Wildlife registrants under the Endangered Species
of captive-born, non-native endangered and threatened species, and to
new developments and techniques of captive breeding of these protecte
(5) To Federal, State, and local authorities who need to know who is pe
and rehabilitate sick, orphaned, and injured birds under the Migratory B
Bald and Golden Eagle Protection Act; federally permitted rehabilitators
a permitted rehabilitator with whom to place a sick, injured, or orphaned
and licensed veterinarians who receive, treat, or diagnose sick, orphane
(6) To the Department of Justice (DOJ), or a court, adjudicative, or othe
or to a party in litigation before a court or adjudicative or administrative
(a) One of the following is a party to the proceeding or has an inte
proceeding:
(i) The DOI or any component of the DOI;
(ii) Any DOI employee acting in his or her official capacity;
(iii) Any DOI employee acting in his or her individual capaci
or DOJ has agreed to represent the employee; or
(iv) The United States, when DOI determines that DOI is lik
by the proceeding; and
(b) The DOI deems the disclosure to be:
(i) Relevant and necessary to the proceedings; and
(ii) Compatible with the purpose for which we compiled the
(7) To the appropriate Federal, State, tribal, local, or foreign governmen
responsible for investigating, prosecuting, enforcing, or implementing a
regulation, order, or license, when we become aware of an indication of
potential violation of the statute, rule, regulation, order, or license, or wh
monitor activities conducted under a permit or evaluate regulated wildlif
use.
(8) To a congressional office in response to an inquiry to the office by th
the record pertains.
(9) To the General Accounting Office or Congress when the information
evaluation of the permit programs.
(10) To a contractor, expert, or consultant employed by the FWS when
accomplish a FWS function related to this system of records.
(11) To provide addresses obtained from the Internal Revenue Service
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(c) The disclosure is made to such agencies, entities, and person
to assist in connection with the Department's efforts to respond to
confirmed compromise and prevent, minimize, or remedy such ha
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)12, disclosures may be made from this system t
agencies as they are defined in the Fair Credit Reporting Act (15 U.S.C. 1681
Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING,
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored in file folders, on microfiche, in electronic form in compute
reports and computer printouts. Paper records are stored in file cabinets, roo
Electronic records are stored on a computer server and disks or tapes.
RETRIEVABILITY:
Paper and microfiche records are retrieved by name of applicant or by permit
Electronic records may be searched on or reported by any data field. Retrieva
the report or purpose of usage and whether a need to know exists. Records a
retrieved for several purposes, such as processing a permit application, verify
a permit to conduct an activity with a protected species, and tracking whether
have been submitted.
SAFEGUARDS:
Access to records in the system is limited to authorized personnel whose offic
such access, under requirements found in the Code of Federal Regulations (
and microfiche records are maintained in locked metal file cabinets and/or in
Electronic records are password-protected, backed up daily, and maintained
meeting the security requirements of 43 CFR 2.51.
RETENTION AND DISPOSAL:
Records are maintained in accordance with the FWS record schedule.
SYSTEM MANAGER(S) and ADDRESS(ES):
(1) Chief, Division of Consultation, HCPs, Recovery and State Grants, a
Conservation and Classification, Endangered Species Program, U.S. F
Service, Mail Stop 420 Arlington Square Building, 4401 North Fairfax D
Virginia 22203.
(2) Chief, Division of Management Authority, U.S. Fish and Wildlife Serv
Arlington Square Building, 4401 North Fairfax Drive, Arlington, Virginia

RECORD ACCESS PROCEDURES:
For copies of your records, write to the pertinent System Manager at the loca
request envelope and letter should be clearly marked ``PRIVACY ACT REQU
A request for access must meet the content requirements of 43 CFR 2.63(b)(
CONTESTING RECORD PROCEDURES:
Use the same procedures as ``Records Access Procedures'' section above. (
RECORD SOURCE CATEGORIES:
Records come from individuals who apply for permits to conduct certain activ
wildlife and plants.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Privacy Act at 5 U.S.C. 552a(j)(2) provides general exemption authority f
records. Under that authority, the FWS adopted a regulation [43 CFR 2.79(b)
regulation, the system is exempt from the following subsections of the Privac
U.S.C. 552a): subsections (d)(1) and (g)(1)(B). For more information, see Fed
publication 40 FR 37217 published on August 26, 1975