COMMERCE/NOAA #16, Economic Data Reports for Alaska Federally Regulated Fisheries off the Coast of Alaska

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System of Records Notices - COMMERCE-NOAA-16 | U.S. Department of Commerce

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System of Records Notices COMMERCE-NOAA-16
Effective Date: November 23, 2015

SYSTEM NAME:
Economic Data Reports for Alaska Federally Regulated Fisheries off the coast of Alaska.

SECURITY CLASSIFICATION:
None.

SYSTEM LOCATIONS:
a. Pacific States Marine Fisheries Commission, 205 Southeast Spokane, Suite 100, Portland,
OR 97202.
b. NMFS Alaska Region, 709 West Ninth Street, Juneau, AK 99801.

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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Owners or lessees of catcher vessels, catcher/processors, shoreside processors, and
stationary floating processors.

CATEGORIES OF RECORDS IN THE SYSTEM:
1. The Tax Identification Number (TIN): Employer Identification Number (EIN) or Social Security
Number (SSN) is required for all permits, under the authority 31 U.S.C. 7701. For purposes of
administering the various NMFS [National Marine Fisheries Service] 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 Section 7701.
2. This system includes records for historical, annual, and current EDRs including financial
information, harvest activity and cost, product and cost information, labor cost information for
crew, and sales information. The crab EDRs request data on cost, revenue, ownership, and
employment and will be used to study the economic impacts of the CR Program on affected
harvesters, processors, and communities.
3. Each report includes the following: The name, title, telephone number, FAX number, and
email address of the person completing the EDR; name and address of the owner or lessee of
the plant or vessel; Federal fisheries permit number; Federal processor permit number; Alaska
vessel registration number; crew license number and city of residence, assigned internal
individual identifier.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.
16 U.S.C. 1862, and 16 U.S.C. 1853; the American Fisheries Act, Title II, Public Law 105-277.

PURPOSES:
This information will allow NMFS to evaluate the economic effects of the three EDR Programs,
specifically the harvesting and processing sectors; the determination of the economic efficiency
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and distributional effects of the Program; and distribution of information to the DOJ and FTC to
assist in anti-trust analysis of the programs.

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,
these records or information contained therein may specifically be disclosed outside the
Department. The records or information contained therein may specifically be disclosed as a
routine use, as stated below. The Department will, when so authorized, make the determination
as to the relevancy of a record prior to its decision to disclose a document.
1. In the event that a system of records maintained by the Department to carry out its functions
indicates a violation or potential violation of law or contract, whether civil, criminal or regulatory
in nature and whether arising by general statute or particular program statute or contract, 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 in the course of presenting evidence
to a court, magistrate, hearing officer or administrative tribunal, including disclosures to
opposing counsel in the course of settlement negotiations, administrative appeals and
hearings.
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.
5. A record in this system of records may be disclosed to a contractor of the Department having
need for the information in the performance of the contract but not operating a system of
records within the meaning of 5 U.S.C. 552a(m).
6. 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.

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7. A record in this system of records may be disclosed to the Department of Justice and the
Federal Trade Commission to assist in antitrust analysis of the fisheries programs in the
supplementary information and later on.
8. A record in this system of records may be disclosed to appropriate agencies, entities and
Persons when: (1) It is suspected or determined that the security or confidentiality of
information in the system of records has been compromised; (2) the Department has
determined that as a result of the suspected or confirmed compromise there is a risk of harm to
economic or property interests, identity theft or fraud, or harm to the security or integrity of this
system or systems or programs (whether maintained by the Department or another agency or
entity) that rely upon the compromised information; 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 compromise and to prevent,
minimize, or remedy such harm.
9. A record from this system of records may be disclosed, as a routine use, to a Federal, state
or local agency maintaining civil, criminal or other relevant enforcement information or other
pertinent information, such as current licenses, if necessary to obtain information relevant to a
Department decision concerning the assignment, hiring or retention of an individual, the
issuance of a security clearance, the letting of a contract, or the issuance of a license, grant or
other benefit.
10. A record from this system of records may be disclosed, as a routine use, to a Federal,
state, local, or international agency, in response to its request, in connection with the
assignment, hiring or retention of an individual, the issuance of a security clearance, the
reporting of an investigation of an individual, the letting of a contract, or the issuance of a
license, grant, or other benefit by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision on the matter.
11. A record in this system of records which contains medical information may be disclosed, as
a routine use, to the medical advisor of any individual submitting a request for access to the
record under the Act and 15 CFR part 4b if, in the sole judgment of the Department, disclosure
could have an adverse effect upon the individual, under the provision of 5 U.S.C. 552a(f)(3)
and implementing regulations at 15 CFR part 4b.6.
12. A record in this system of records may be disclosed, as a routine use, to the Office of
Management and Budget in connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination and clearance process as
set forth in that Circular.

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13. A record in this system may be transferred, as a routine use, to the Office of Personnel
Management: For personnel research purposes; as a data source for management
information; for the production of summary descriptive statistics and analytical studies in
support of the function for which the records are collected and maintained; or for related
manpower studies.
14. A record from this system of records may be disclosed, as a routine use, to the
Administrator, General Services Administration (GSA), or his designee, during an inspection of
records conducted by GSA as part of that agency's responsibility to recommend improvements
in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906.
Such disclosure shall be made in accordance with the GSA regulations governing inspection of
records for this purpose, and any other relevant (i.e. GSA or Commerce) directive. Such
disclosure shall not be used to make determinations about individuals.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosure to consumer reporting agencies pursuant to 5 U.S.C. 552a(b)(12) may be made
from this system to"consumer reporting agencie" as defined in the Fair Credit Reporting Act (15
U.S.C. 1681a(f)) and the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Computerized data base; CDs; back-up files stored on tape; paper records in file folders in
locked metal cabinets and/or locked rooms.

RETRIEVABILITY:
Records are organized and retrieved by NMFS internal identification number, name of owner or
lessee, vessel permit number, plant permit number, crew license number, vessel name, or plant
name. Records

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SAFEGUARDS:
1. The system of records is stored in a building with doors that are locked during and after
business hours. Visitors to the facility must register with security guards and must be
accompanied by Federal personnel at all times. Only those that have the need to know, to
carry out the official duties of their job, have access to the information. Paper records are
maintained in secured file cabinets in areas that are accessible only to authorized personnel of
the DCA. Electronic records containing Privacy Act information are protected by a user
identification/password. The user identification/password is issued to individuals by authorized
personnel.
2. NMFS Alaska Region contractors, to whom access to this information is granted in
accordance with this system of records routine uses provision, are instructed on the
confidential nature of this information.
3. 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.
4. The EDR system is designed as follows: (1) Participants are required to submit an annual
EDR to the NOAA-approved DCA; (2) The DCA provides the EDR information without
individual identifiers to NMFS Alaska Region, State of Alaska Department of Fish and Game,
and the North Pacific Fishery Management Council; (3) Upon request, the DCA will provide the
EDR information with individual identifiers to NOAA Office for Enforcement and the U.S. Coast
Guard; and (4) Upon request, the DCA will provide the EDR information with individual
identifiers to the DOJ and FTC to assist in anti-trust analysis of the Program.

RETENTION AND DISPOSAL:
All records are retained and disposed of in accordance with National Archives and Records
Administration regulations (36 CFR Chapter B-”Records Management); Departmental
directives and comprehensive records schedules; NOAA Administrative Order 205-01; and the
NMFS Records Disposition Schedule, Chapter 1500.

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SYSTEM MANAGER(S) AND ADDRESS:
For records at location a.: Regional Administrator, NMFS Alaska Region, 709 West Ninth
Street, Juneau, AK 99801.
For records at location b.: Pacific States Marine Fisheries Commission, 205 Southeast
Spokane, Suite 100, Portland, OR 97202.

NOTIFICATION PROCEDURE:
Individuals seeking to determine whether information about themselves is contained in this
system should address written inquires to the national or regional Privacy Act Officer:
1. Privacy Act Officer, NOAA, 1315 East-West Highway, Room 9719, Silver Spring, MD 20910.
2. Privacy Act Officer, NMFS Alaska Region, P.O. Box 21668, Juneau, Alaska 99802, or
delivered to the Federal Building, 709 West 9th Street Juneau, Alaska, 99801. Written requests
must be signed by the requesting individual. Requestor must make the request in writing and
provide his/her name, address, and date of the request and record sought. All such requests
must comply with the inquiry provisions of the Department's Privacy Act rules which appear at
15 CFR part 4, Appendix A.

RECORD ACCESS PROCEDURES:
Requests for access to records maintained in this system of records should be addressed to
the same address given in the Notification section above.

CONTESTING RECORD PROCEDURES:
The Department's rules for access, for contesting contents, and appealing initial determinations
by the individual concerned are provided for in 15 CFR part 4, Appendix A.

RECORD SOURCE CATEGORIES:
Information contained in this system will be collected from individuals participating in any of the
three Alaska EDR Programs.

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SYSTEM EXEMPTIONS FROM CERTAIN PROVISIONS
OF THE ACT:
None.
FEDERAL REGISTER HISTORY:
80 FR 72947

November 23, 2015

Effective Date Notice

80 FR 61157

October 9, 2015

Notice of Proposed New Privacy Act System of Records

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