Published SORN - Permits System–Interior, FWS–21, 68 FR 52610

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Federal Register / Vol. 68, No. 171 / Thursday, September 4, 2003 / Notices

www.fws.gov/r5cbfo or by written or
telephone request to John Wolflin, U.S.
Fish and Wildlife Service, 177 Admiral
Cochrane Drive, Annapolis, Maryland
21401, 410–573–4573.
FOR FURTHER INFORMATION CONTACT: John
Wolflin at the above Service Office,
Annapolis, Maryland.

On May
13, 1999, the Service issued an ITP for
incidental ‘‘take’’ of the Delmarva fox
squirrel. The ITP was issued pursuant to
Section 10 of the Endangered Species
Act (ESA), § 10(a)(2)(B), 16 U.S.C.
1539(a)(2)(B), and its implementing
regulations at 50 CFR 17.22(b)(1).
On September 7, 1999, a neighbor to
the proposed development (Gerber) and
Defenders of Wildlife filed suit in
Federal district court alleging violations
of the National Environmental Policy
Act, the ESA and the Administrative
Procedure Act related to issuance of the
ITP for the Home Port on Winchester
Creek Habitat Conservation Plan.
The District Court for the District of
Columbia granted summary judgment
on all counts in favor of the Service on
May 15, 2001. See Gerber v. Babbitt, 146
F.Supp.2d 1 (D. D.C. 2001). On appeal,
the U.S. Court of Appeals for the D.C.
Circuit remanded the matter to the
District Court with instructions to
remand to the agency to address two
issues. See id. at 184. Specifically, the
Court of Appeals held that the Service
should have made a map of the
mitigation area available during the
public comment period and should have
made an independent finding as to
whether a possible project change
identified in the record (the ‘‘Reduced
Take Alternative’’) was practicable.
Pursuant to the remand, the Service
conducted an independent analysis
which was reflected in the draft
document entitled ‘‘Draft—Assessment
of Practicability of the Reduced Take
Alternative on Remand.’’ That
document, in addition to the map, were
made available for a 60-day public
comment period starting May 9, 2003,
(see 68 Fed. Reg. 25058). The Service
received two comment letters, one from
Mr. Gerber and one from Defenders of
Wildlife. The Service has reviewed and
considered those comments and has
prepared a final decision document
entitled ‘‘U.S. Fish and Wildlife
Service’s Decision Regarding the
Incidental Take Permit (TE006310) to
Maureen D. Waterman Following
Remand’’ which includes the Service’s
responses to the comments received and
is now available for public review at the
address listed above.

SUPPLEMENTARY INFORMATION:

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Author
The primary author of this notice is
Glenn Smith, Assistant Coordinator,
Division of Endangered Species,
Northeast Region, U.S. Fish and
Wildlife Service.
Authority: The authority for this action is
Section 10 of the Endangered Species Act
(ESA), § 10(a)(2)(B), 16 U.S.C. 1539(a)(2)(B),
and its implementing regulations at 50 CFR
17.22(b)(1).
Dated: August 28, 2003.
Richard O. Bennett,
Acting Regional Director, Region 5, Fish and
Wildlife Service.
[FR Doc. 03–22608 Filed 9–2–03; 10:53 am]
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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
its intent to revise a system of records
in its current inventory, Permits
System—Interior, FWS–21, subject to
the Privacy Act of 1974. This action is
necessary to meet the requirements of
the Privacy Act to publish a notice in
the Federal Register of amended
systems of records. A notice on this
system of records was previously
published in the Federal Register on
December 6, 1983, (48 FR 54719). The
agency is updating information on the
system and adding new information on
categories of records, purposes, routine
uses, and procedures.
DATES: Comments on this revised
system of records must be received on
or before October 14, 2003.
ADDRESSES: Address all comments on
this revised system of records to U.S.
Fish and Wildlife Service, Privacy Act
Officer, Mail Stop 222, Arlington Square
Building, 4401 North Fairfax Drive,
Arlington, Virginia 22203, or by email at
Johnny_Hunt@fws.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Johnny R. Hunt, Service Privacy Act
Officer, U.S. Fish and Wildlife Service,
telephone: (703) 358–1730, or fax: (703)
358–2269.
SUPPLEMENTARY INFORMATION: The U.S.
Fish and Wildlife Service’s (FWS)
permit programs collect information to
establish and verify an applicant’s
eligibility for a permit to conduct

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certain activities with wildlife and
plants under various Federal wildlife
laws and treaties. These include the
Bald and Golden Eagle Protection Act,
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora, Endangered Species Act, Marine
Mammal Protection Act, Migratory Bird
Treaty Act, Lacey Act, and Wild Bird
Conservation Act. Information includes
name, address, date of birth, Social
Security Number, occupation, home and
work phone numbers, facsimile number,
and email address. The system no
longer includes height, weight, or color
of hair and eyes of applicants for
applications received after 1997. The
system also contains information on
locations, types, and purposes of the
proposed activity, qualifications of the
applicant (such as education and
experience), and tribal affiliation for
eagle permits for Native American
religious purposes. Other documents
reflect the general administrative
processing and review of an application,
and the monitoring of activities under
the issued permit. We propose to add
new information on locations of records,
categories of records, authority under
the Wild Bird Conservation Act,
purposes, procedures, current system
managers, and record source categories,
and we clarify when records would be
released to the Department of Justice.
We also propose to modify routine uses
to include subject matter experts that
provide advice on the issuance of
permits; Federal, State, local or foreign
wildlife and plant agencies for the
exchange of permitting information;
registrants involved in the breeding of
endangered or threatened species under
Captive-bred Wildlife registrations;
appropriate authorities and others who
need to know who is permitted to
receive and rehabilitate sick, orphaned,
and injured migratory birds; appropriate
agencies when we need to monitor
activities conducted under a permit or
evaluate regulated trade and use; a
congressional office in response to an
inquiry an individual has made; the
General Accounting Office or Congress
when the information is required for the
evaluation of the permit programs; and
contractors, experts or consultations to
accomplish a FWS function related to
this system. The expanded routine uses
do not require new information to be
collected.
The Privacy Act (5 U.S.C. 552a(e)(11))
requires that the public be provided a
30-day period in which to comment on
the intended use of the information in
the system of records. The Office of
Management and Budget (OMB), in
Circular A–130, requires an additional

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Federal Register / Vol. 68, No. 171 / Thursday, September 4, 2003 / Notices
10-day period (for a total of 40 days) in
which to make these comments. Any
persons interested in commenting on
this proposed system notice may do so
by submitting comments in writing as
indicated under ADDRESSES. Comments
received within 40 days of publication
will be considered. The system will be
effective as proposed at the end of the
comment period, unless comments are
received that would require a contrary
determination. We will publish a
revised notice if we make changes based
on our review of comments received.

CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Dated: August 29, 2003.
John D. Kraus,
Chief, Division of Policy and Directives
Management, U.S. Fish and Wildlife Service.

CATEGORIES OF RECORDS IN THE SYSTEM:

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 Service (FWS):
(1) For the Endangered Species
Program:
(a) Regional Endangered Species
Offices (see 50 CFR 2.2 for addresses)
and
(b) Division of Consultation, HCPs,
Recovery and State Grants and the
Division of Conservation and
Classification, Endangered Species
Program, U.S. Fish and Wildlife Service,
Mail Stop 420 Arlington Square
Building, 4401 North Fairfax Drive,
Arlington, Virginia 22203.
(2) Division of Management
Authority, U.S. Fish and Wildlife
Service, Mail Stop 700 Arlington Square
Building, 4401 North Fairfax Drive,
Arlington, Virginia 22203.
(3) Division of Migratory Bird
Management, U.S. Fish and Wildlife
Service, Mail Stop MBSP–4107
Arlington Square Building, 4401 North
Fairfax Drive, Arlington, Virginia 22203,
and Regional Migratory Bird Offices (see
50 CFR 2.2 for addresses).
(4) Office of Law Enforcement, U.S.
Fish and Wildlife Service, Mail Stop
LE–3000 Arlington Square Building,
4401 North Fairfax Drive, Arlington,
Virginia 22203; Regional Law
Enforcement Offices (see 50 CFR 10.22
for addresses); designated ports of entry
(see 50 CFR 14.12 for locations); and
some border or special port offices (see
50 CFR 14.16 and 14.19 for locations).

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Records are maintained on applicants
who seek permits to conduct certain
activities that affect wildlife and plants
protected and/or regulated under the
following Federal laws or treaties: Bald
and Golden Eagle Protection Act,
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora, Endangered Species Act, Marine
Mammal Protection Act, Migratory Bird
Treaty Act, Lacey Act, and Wild Bird
Conservation Act.
The records contain the name,
address, date of birth, Social Security
Number, occupation, home and work
phone numbers, facsimile number, and
email address of someone who applies
for a permit. For eagle permits for
Native American religious purposes, the
records contain tribal affiliation and, at
the applicant’s discretion, religious
ceremony. The records also contain the
qualifications of the applicant (such as,
education and experience), the
locations, types, and purposes of the
proposed activity, and reports of
activities conducted under an issued
permit. They include documents that
reflect the general administrative
processing of the application and
permit; public review required by
certain laws, including comments
received; our consultation with subject
matter experts, including but not
limited to experts within the FWS and
in State, Federal, local, and foreign
agencies, for the purpose of obtaining
scientific, management, and legal
advice; and our evaluation of
information to make a decision on an
application for a permit, and to monitor
activities that occur under a permit.
Although the system contains records
on corporations and other business
entities including Tax Identification
Number, only records containing
personal information 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
Treaty Act (16 U.S.C. 703–712); Marine
Mammal Protection Act (16 U.S.C.
1361–1407); Endangered Species Act
(16 U.S.C. 1531–1544); Wild Bird
Conservation Act (16 U.S.C. 4901–
4916); and Lacey Act (18 U.S.C. 42), and
Title 50, parts 10, 13, 14, 15, 16, 17, 18,
21, 22, and 23 of the Code of Federal
Regulations.
PURPOSE(S):

The purposes are to establish and
verify an applicant’s eligibility for a

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permit to conduct activities which affect
wildlife and plants protected under a
number of Federal wildlife laws and
treaties; produce reports to monitor the
use and trade in protected wildlife and
plants; and assess the impact of
permitted activities on the conservation
and management of species and their
habitats.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

The FWS is the primary user of the
system, and the primary uses of the
records will be:
(1) To establish and verify an
applicant’s eligibility for a permit to
conduct activities with protected
wildlife and plants under a number of
conservation laws and treaties.
(2) To provide the public and
permittees with permit-related
information.
(3) To monitor activities conducted
under a permit.
(4) To analyze data and produce
reports to monitor the use and trade in
protected wildlife and plants.
(5) To assess the impact of permitted
activities on the conservation and
management of protected species and
their habitats.
(6) To evaluate the effectiveness of the
permit programs.
(7) To meet reporting requirements of
the Department of the Interior (DOI) and
FWS.
(8) To generate budget estimates and
track performance.
Disclosures outside the DOI may be
made under the routine uses listed
below without the consent of the
individual if the disclosure is
compatible with the purposes for which
the record was collected.
(1) To subject matter experts,
including but not limited to experts in
State, Federal, local, and foreign
agencies, for the purpose of obtaining
scientific, management, and legal advice
relevant to making a decision on an
application for a permit.
(2) To the public as a result of
publishing Federal Register notices
announcing the receipt of permit
applications for public comment or
notice of the decision on a permit
application.
(3) To Federal, State, local, or foreign
wildlife and plant agencies for the
exchange of information on permits
granted or denied to assure compliance
with all applicable permitting
requirements.
(4) To Captive-bred Wildlife
registrants under the Endangered
Species Act for the exchange of captiveborn, non-native endangered and

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Federal Register / Vol. 68, No. 171 / Thursday, September 4, 2003 / Notices

threatened species, and to share
information on new developments and
techniques of captive breeding of these
protected species.
(5) To Federal, State, and local
authorities who need to know who is
permitted to receive and rehabilitate
sick, orphaned, and injured birds under
the Migratory Bird Treaty Act and the
Bald and Golden Eagle Protection Act;
federally permitted rehabilitators;
individuals seeking a permitted
rehabilitator with whom to place a sick,
injured, or orphaned bird in need of
care; and licensed veterinarians who
receive, treat, or diagnose sick,
orphaned, and injured birds;
(6) To the Department of Justice (DOJ),
or a court, adjudicative, or other
administrative body or to a party in
litigation before a court or adjudicative
or administrative body, when:
(a) One of the following is a party to
the proceeding or has an interest in the
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 capacity where the
DOI or DOJ has agreed to represent the
employee; or
(iv) The United States, when DOI
determines that DOI is likely to be
affected 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 information.
(7) To the appropriate Federal, State,
tribal, local, or foreign governmental
agency that is responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
order, or license, when we become
aware of an indication of a violation or
potential violation of the statute, rule,
regulation, order, or license, or when we
need to monitor activities conducted
under a permit or evaluate regulated
wildlife and plant trade and use.
(8) To a congressional office in
response to an inquiry to the office by
the individual to whom the record
pertains.
(9) To the General Accounting Office
or Congress when the information is
required for the evaluation of the permit
programs.
(10) To a contractor, expert, or
consultant employed by the FWS when
necessary to accomplish a FWS function
related to this system of records.
(11) To provide addresses obtained
from the Internal Revenue Service to
debt collection agencies for purposes of

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locating a debtor to collect or
compromise a Federal claim against the
debtor, or to consumer reporting
agencies to prepare a commercial credit
report for use by the DOI.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

Pursuant to 5 U.S.C. 552a(b)12,
disclosures may be made from this
system to consumer reporting agencies
as they are 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)).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Records are stored in file folders, on
microfiche, in electronic form in
computer systems, and in reports and
computer printouts. Paper records are
stored in file cabinets, rooms, and
offices. 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 file number. Electronic records
may be searched on or reported by any
data field. Retrieval is dependent upon
the report or purpose of usage and
whether a need to know exists. Records
are retrieved for several purposes, such
as processing a permit application,
verifying an individual has a permit to
conduct an activity with a protected
species, and tracking whether permit
reports have been submitted.

(2) Chief, Division of Management
Authority, U.S. Fish and Wildlife
Service, Mail Stop 700 Arlington Square
Building, 4401 North Fairfax Drive,
Arlington, Virginia 22203.
(3) Chief, Division of Migratory Bird
Management, U.S. Fish and Wildlife
Service, Mail Stop 4107 Arlington
Square Building, 4401 North Fairfax
Drive, Arlington, Virginia 22203.
(4) Chief, Office of Law Enforcement,
U.S. Fish and Wildlife Service, Mail
Stop LE–3000 Arlington Square
Building, 4401 North Fairfax Drive,
Arlington, Virginia 22203.
NOTIFICATION PROCEDURES:

Any individual may request
information regarding this system of
records, or information as to whether
the system contains records pertaining
to them, from the appropriate System
Manager identified above. We require
the request be in writing, be signed by
the requester, and include the
requester’s full name and address,
Social Security Number, and permit file
number, if applicable. (See 40 CFR 2.60
for procedures on making inquiries.)
RECORD ACCESS PROCEDURES:

For copies of your records, write to
the pertinent System Manager at the
location above. The request envelope
and letter should be clearly marked
‘‘PRIVACY ACT REQUEST FOR
ACCESS.’’ A request for access must
meet the content requirements of 43
CFR 2.63(b)(4)).

SAFEGUARDS:

CONTESTING RECORD PROCEDURES:

Access to records in the system is
limited to authorized personnel whose
official duties require such access,
under requirements found in the Code
of Federal Regulations (43 CFR 2.51).
Paper and microfiche records are
maintained in locked metal file cabinets
and/or in secured rooms. Electronic
records are password-protected, backed
up daily, and maintained with
safeguards meeting the security
requirements of 43 CFR 2.51.

Use the same procedures as ‘‘Records
Access Procedures’’ section above. (See
43 CFR 2.71.)

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, and
Chief, Division of Conservation and
Classification, Endangered Species
Program, U.S. Fish and Wildlife Service,
Mail Stop 420 Arlington Square
Building, 4401 North Fairfax Drive,
Arlington, Virginia 22203.

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RECORD SOURCE CATEGORIES:

Records come from individuals who
apply for permits to conduct certain
activities with protected wildlife and
plants.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Privacy Act at 5 U.S.C. 552a(j)(2)
provides general exemption authority
for some systems or records. Under that
authority, the FWS adopted a regulation
[43 CFR 2.79(b)]. Under that regulation,
the system is exempt from the following
subsections of the Privacy Act (as found
in 5 U.S.C. 552a): subsections (d)(1) and
(g)(1)(B). For more information, see
Federal Register publication 40 FR
37217 published on August 26, 1975.
[FR Doc. 03–22535 Filed 9–3–03; 8:45 am]
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