80 FR 47454 - Privacy Act of 1974, New System of Records

DEPARTMENT OF COMMERCE

Federal Register Volume 80, Issue 152 (August 7, 2015)

This notice announces the Department of Commerce (Department) proposal for a new system of records under the Privacy Act. NOAA's National Marine Fisheries Service (NMFS), Northwest Fisheries Science Center (NWFSC), is creating a system of records for the mandatory collection of economic data in the West Coast Region consisting of the Economic Data Collection (EDC) for West Coast Groundfish Trawl Catch Share Program. Information will be collected from individuals under the authority of the Magnuson-Stevens Fishery Conservation and Management Act and the American Fisheries Act. This record system is necessary to evaluate information on costs of fishing and processing, revenues for harvesters and processors, and employment information.

[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47454-47456]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19452]


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DEPARTMENT OF COMMERCE

[Docket No. 150720624-5624-01]


Privacy Act of 1974, New System of Records

AGENCY: U.S. Department of Commerce, National Oceanic and Atmospheric 
Administration.

ACTION: Notice of Privacy Act system of records; ``COMMERCE/NOAA-23; 
Economic Data Collection Program for West Coast Groundfish Trawl Catch 
Share Program off the coast of Washington, Oregon, and California.''

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SUMMARY: This notice announces the Department of Commerce (Department) 
proposal for a new system of records under the Privacy Act. NOAA's 
National Marine Fisheries Service (NMFS), Northwest Fisheries Science 
Center (NWFSC), is creating a system of records for the mandatory 
collection of economic data in the West Coast Region consisting of the 
Economic Data Collection (EDC) for West Coast Groundfish Trawl Catch 
Share Program. Information will be collected from individuals under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act and the American Fisheries Act. This record system is necessary to 
evaluate information on costs of fishing and processing, revenues for 
harvesters and processors, and employment information.

DATES: To be considered, written comments must be submitted on or 
before September 8, 2015. Unless comments are received, the system of 
records will become effective as proposed on the date of publication of 
a subsequent notice in the Federal Register.

ADDRESSES: Comments may be mailed to Erin Steiner, NOAA Fisheries, 
Northwest Fisheries Science Center, FRAM Division, 2725 Montlake 
Boulevard East, Seattle, WA 98112.

SUPPLEMENTARY INFORMATION: This notice announces the Department of 
Commerce (Department) proposal for a new system of records under the 
Privacy Act. NMFS' NWFSC is creating a system of records for the EDC 
for the West Coast Groundfish Trawl Catch Share Program. This record 
system is necessary to evaluate information on costs of fishing and 
processing, revenues for harvesters and processors, and employment 
information.
    Under the EDC, information would be requested from individuals 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act and the 50 CFR 660.114. This collection would apply to 
all owners, lessees, and charterers of a catcher vessel registered to a 
limited entry trawl endorsed permit, a mothership vessel registered to 
a mothership permit, or a catcher-processor vessel registered to a 
catcher-processor-endorsed limited entry trawl permit; owners of a 
first receiver site license; and owners and lessees of a shorebased 
processor that received round or headed and gutted individual fishing 
quota groundfish species or whiting from a first receiver are required 
to submit an EDC to the NWFSC Economics and Social Science Research 
Program (ESSR).
    The collection of information is necessary to identify participants 
and their roles in these fisheries and to evaluate the programs in 
which they participate. NMFS would collect information from individuals 
in order to evaluate the economic effects of fisheries programs, 
specifically the effects on the harvesting and processing sectors, and 
to determine the economic efficiency and distributional effects of the 
programs.
COMMERCE/NOAA-23

SYSTEM NAME:
    COMMENRCE/NOAA-23, Economic Data Collection (EDC) Program for West 
Coast Groundfish Trawl Catch Share Program off the coast of Washington, 
Oregon, and California.

SECURITY CLASSIFICATION:
    Moderate.
    The EDC system is designed as follows: (1) Participants are 
required to submit an annual EDC to the NMFS Northwest Fisheries 
Science Center (NWFSC) Economics and Social Science Research Program 
(ESSR); (2) Upon request, the NWFSC will provide the EDC information 
with individual identifiers to NOAA Office for Enforcement and the U.S. 
Coast Guard; and (3) Upon request, NWFSC ESSR will provide the EDC 
information with individual identifiers to the Department of Justice 
(DOJ) and Federal Trade Commission (FTC) to assist in anti-trust 
analysis of the Program.

SYSTEM LOCATIONS:
    NMFS Northwest Fisheries Science Center, 2725 Montlake Blvd. East, 
Seattle, WA 98112

[[Page 47455]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Data from 2009 and 2010: All owners, lessees, and charterers of a 
catcher vessel registered to a limited entry trawl endorsed permit at 
any time in 2009 or 2010; all owners, lessees, and charterers of a 
mothership vessel that received whiting in 2009 or 2010 as recorded in 
NMFS' North Pacific (NORPAC) database; all owners, lessees, and 
charterers of a catcher processor vessel that harvested whiting in 2009 
or 2010 as recorded in NMFS' NORPAC database; all owners and lessees of 
a shorebased processor and all buyers that received groundfish or 
whiting harvested with a limited entry trawl permit as listed in the 
Pacific Fisheries Information Network (PacFIN) database in 2009 or 
2010.
    Data from 2011 and beyond: All owners, lessees, and charterers of a 
catcher vessel registered to a limited entry trawl endorsed permit at 
any time in 2011 and beyond; all owners, lessees, and charterers of a 
mothership (MS) vessel registered to an MS permit at any time in 2011 
and beyond; all owners, lessees, and charterers of a catcher processor 
vessel registered to a catcher-processor (C/P)-endorsed limited entry 
trawl permit at any time in 2011 and beyond; all owners of a first 
receiver site license in 2011 and beyond; all owners and lessees of a 
shorebased processor (as defined under ``processor'' at Sec.  660.11, 
for purposes of EDC) that received round or headed-and-gutted 
individual fishing quota species groundfish or whiting from a first 
receiver in 2011 and beyond.

CATEGORIES OF RECORDS IN THE SYSTEM:
    System would include records for historical, annual, and current 
EDCs including financial information, harvest activity and cost, 
product and cost information, labor cost information for crew, and 
sales information. The EDCs request data on cost, revenue, ownership, 
and employment and will be used to study the economic impacts of the 
West Coast Trawl Groundfish Catch Share Program on affected harvesters, 
processors, and communities, as well as net benefits to the nation.
    Each report would include the following: The name, title, telephone 
number, fax number, and email address of the person completing the EDC; 
name and address of the owner or lessee of the plant or vessel; Federal 
fisheries permit number; Federal processor permit number; Coast Guard 
vessel registration number or state vessel registration number, Federal 
license number, state buyer number, and an assigned internal individual 
identifier.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 
1801 et seq. (Magnuson-Stevens Act), Section 313(j) of the Magnuson-
Stevens Act, 16 U.S.C. 1853; 50 CFR 660.114.

PURPOSE(S):
    This information will allow NMFS to evaluate the economic effects 
of the West Coast Trawl Groundfish Catch Share Program, specifically 
the harvesting and processing sectors; the determination of the 
economic efficiency and distributional effects of the Program.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS OF AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the PrivacyAct, these records or information contained 
therein may specifically be disclosed outside the Department of 
Commerce (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.
    4. A record in this system of records may be disclosed to the 
Department of Justice in connection with determining whether the 
Freedom of Information Act (5 U.S.C. 552) requires disclosure thereof.
    5. A record in this system will be disclosed to the Department of 
Treasury for the purpose of reporting and recouping delinquent debts 
owed the United States pursuant to the Debt Collection Improvement Act 
of 1996.
    6. 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).
    7. 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.
    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 
whether 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 in this system of records may be disclosed to the 
Department of Justice and the Federal Trade Commission to assist in 
anti-trust analysis of the fisheries programs.
    10. 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

[[Page 47456]]

letting of a contract, or the issuance of a license, grant or other 
benefit.
    11. 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.
    12. 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 
4b.6.
    13. 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.
    14. 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.
    15. 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 
agencies'' 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, buyer 
identification number, vessel name, or plant name. Records can be 
accessed by any file element or any combination thereof.

SAFEGUARDS:
    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 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 Data Collection Agent. Electronic 
records containing Privacy Act information are protected by a user 
identification/password. The user identification/password is issued to 
individuals by authorized personnel.
    NMFS, Northwest Fisheries Science Center, 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.
    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.

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

SYSTEM MANAGER(S) AND ADDRESS:
    Northwest Fisheries Science Center Economics Program Manager, NMFS 
Northwest Fisheries Science Center, 2725 Montlake Blvd. East, Seattle, 
WA 98112.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquires 
to the national Privacy Act Officer: Privacy Act Officer, NOAA, 1315 
East-West Highway, Room 10641, Silver Spring MD 20910. 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, subpart B, 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 
Procedure 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, subpart B, Appendix A.

RECORD SOURCE CATEGORIES:
    Information contained in this system will be collected from 
individuals participating in the EDC data collections.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: August 3, 2015.
Michael J. Toland,
Department of Commerce, Acting Freedom of Information/Privacy Act 
Officer.
[FR Doc. 2015-19452 Filed 8-6-15; 8:45 am]
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