71770 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 

and provides support for any adverse 

action that may occur as a result of the 

findings of the investigation. It is being 

modified to cover investigations of 

security-related incidents and reviews 

of TSA programs and operations. 

Pursuant to exemptions (j)(2), (k)(1), and 

(k)(2) of the Privacy Act, DHS/TSA 005 

is exempt from 5 U.S.C. 552a(c)(3), (d), 

(e)(1), (e)(3), (e)(4)(G), (H) and (I), and 

(f). Exemptions from the particular 

subsections are justified for the 

following reasons: 

(1) From subsection (c)(3) 

(Accounting for Disclosures) because 

release of the accounting of disclosures 

could reveal investigative interest on the 

part of the recipient agency that 

obtained the record pursuant to a 

routine use. Disclosure of the 

accounting could therefore present a 

serious impediment to law enforcement 

efforts on the part of the recipient 

agency, as the individual who is the 

subject of a record would learn of thirdagency investigative interests and 

thereby avoid detection or 

apprehension.

(2) From subsection (d) (Access to 

Records) because access to the records 

contained in this system could reveal 

investigative techniques and procedures 

of the investigators, as well as the nature 

and scope of the investigation, the 

disclosure of which could enable 

individuals to circumvent agency 

regulations or statutes. The information 

contained in the system might include 

properly classified information, the 

release of which would pose a threat to 

national defense and/or foreign policy. 

In addition, permitting access and 

amendment to such information could 

reveal sensitive security information 

protected pursuant to 49 U.S.C. 114(s), 

the disclosure of which could be 

detrimental to the security of 

transportation. 

(3) From subsection (e)(1) (Relevancy 

and Necessity of Information) because 

third agency records obtained or made 

available to TSA during the course of an 

investigation may occasionally contain 

information that is not strictly relevant 

or necessary to a specific investigation. 

In the interests of administering an 

effective and comprehensive 

investigation program, it is appropriate 

and necessary for TSA to retain all such 

information that may aid in that 

process. 

(4) From subsections (e)(4)(G), (H) and 

(I) (Agency Requirements), and (f) 

(Agency Rules), because this system is 

exempt from the access provisions of 

subsection (d). 

(5) From subsection (e)(3) (Privacy 

Act Statement) because disclosing the 

authority, purpose, routine uses, and 

potential consequences of not providing 

information could reveal the targets or 

interests of the investigating office, as 

well as the nature and scope of an 

investigation, the disclosure of which 

could enable individuals to circumvent 

agency regulations or statutes.

* * * * *

(j) Transportation Security 

Intelligence Service (TSIS) Operations 

Files. Transportation Security 

Intelligence Service Operations Files 

(TSIS) (DHS/TSA 011) enables TSA to 

maintain a system of records related to 

intelligence gathering activities used to 

identify, review, analyze, investigate, 

and prevent violations or potential 

violations of transportation security 

laws. This system also contains records 

relating to determinations about 

individuals’ qualifications, eligibility, or 

suitability for access to classified 

information. Pursuant to exemptions 

(j)(2), (k)(1), (k)(2), and (k)(5) of the 

Privacy Act, DHS/TSA 011 is exempt 

from 5 U.S.C. 552a(c)(3), (d), (e)(1), 

(e)(4)(G), (H) and (I), and (f). Exemptions 

from the particular subsections are 

justified for the following reasons: 

(1) From subsection (c)(3) 

(Accounting for Disclosures) because 

release of the accounting of disclosures 

could alert the subject of intelligence 

gathering operations on the part of the 

Transportation Security Administration 

as well as the recipient agency. 

Disclosure of the accounting would 

therefore present a serious impediment 

to transportation security law 

enforcement efforts and efforts to 

preserve national security. Disclosure of 

the accounting would also permit the 

individual who is the subject of a record 

to impede operations and avoid 

detection or apprehension, which 

undermines the entire system. 

Disclosure of the accounting may also 

reveal the existence of information that 

is classified or security-sensitive, the 

release of which would be detrimental 

to the security of transportation. 

(2) From subsection (d) (Access to 

Records) because access to the records 

contained in this system of records 

could inform the subject of intelligence 

gathering operations and reveal 

investigative interest on the part of the 

Transportation Security Administration. 

Access to the records would permit the 

individual who is the subject of a record 

to impede operations and possibly avoid 

detection or apprehension. Amendment 

of the records would interfere with 

ongoing intelligence and law 

enforcement activities and impose an 

impossible administrative burden by 

requiring investigations to be 

continuously reinvestigated. The 

information contained in the system 

may also include properly classified 

information, the release of which would 

pose a threat to national defense and/or 

foreign policy. In addition, permitting 

access and amendment to such 

information also could disclose 

security-sensitive information that 

could be detrimental to transportation 

security if released. This system may 

also include information necessary to 

make a determination as to an 

individual’s qualifications, eligibility, or 

suitability for access to classified 

information, the release of which would 

reveal the identity of a source who 

received an express or implied 

assurance that their identity would not 

be revealed to the subject of the record. 

(3) From subsection (e)(1) (Relevancy 

and Necessity of Information) because 

in the course of gathering and analyzing 

information about potential threats to 

transportation security, the accuracy of 

information obtained or introduced 

occasionally may be unclear or the 

information may not be strictly relevant 

or necessary to a specific operation. In 

the interests of transportation security, 

it is appropriate to retain all information 

that may aid in identifying threats to 

transportation security and establishing 

other patterns of unlawful activity. 

(4) From subsections (e)(4)(G), (H) and 

(I) (Agency Requirements), and (f) 

(Agency Rules), because this system is 

exempt from the access and amendment 

provisions of subsection (d).

Issued in Arlington, Virginia, on December 

3, 2004. 

Lisa S. Dean, 

Privacy Officer.

[FR Doc. 04–27097 Filed 12–9–04; 8:45 am] 

BILLING CODE 4910–62–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 20

Service Regulations Committee 

Meeting

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of meeting.

SUMMARY: The Fish and Wildlife Service 

(hereinafter Service) will conduct an 

open meeting on January 27, 2005, to 

identify and discuss preliminary issues 

concerning the 2005–06 migratory bird 

hunting regulations.

DATES: The meeting will be held January 

27, 2005.

ADDRESSES: The Service Regulations 

Committee will meet at the Arlington 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 71771

Square Building, U.S. Fish and Wildlife 

Service, 4401 North Fairfax Drive, Room 

200 A/B, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT:

Brian Millsap, Chief, Division of 

Migratory Bird Management, U.S. Fish 

and Wildlife Service, Department of the 

Interior, ms MBSP–4107–ARLSQ, 1849 

C Street, NW., Washington, DC 20240, 

(703) 358–1714.

SUPPLEMENTARY INFORMATION:

Representatives from the Service, the 

Service’s Migratory Bird Regulations 

Committee, and Flyway Council 

Consultants will meet on January 27, 

2005, at 8:30 a.m. to identify 

preliminary issues concerning the 2005–

06 migratory bird hunting regulations 

for discussion and review by the Flyway 

Councils at their March meetings. 

In accordance with Departmental 

policy regarding meetings of the Service 

Regulations Committee attended by any 

person outside the Department, these 

meetings are open to public observation. 

Members of the public may submit 

written comments on the matters 

discussed to the Director.

Dated: November 27, 2004. 

Paul R. Schmidt, 

Assistant Director, Migratory Birds, U.S. Fish 

and Wildlife Service.

[FR Doc. 04–27074 Filed 12–9–04; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 635

[Docket No. 041203341–4341–01; I.D. 

072304B]

RIN 0648–AR86

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Quota 

Specifications, General Category Effort 

Controls, and Catch-and-Release 

Provision

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Proposed rule; request for 

comments.

SUMMARY: NMFS proposes initial 2004 

fishing year specifications for the 

Atlantic bluefin tuna (BFT) fishery to set 

BFT quotas for each of the established 

domestic fishing categories and to set 

General category effort controls. NMFS 

also proposes to establish a catch-andrelease provision for recreational and 

commercial BFT handgear vessels 

during a respective quota category 

closure. This action is necessary to 

implement recommendations of the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT), 

as required by the Atlantic Tunas 

Convention Act (ATCA), and to achieve 

domestic management objectives under 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). NMFS will 

hold public hearings to receive 

comments on these proposed actions.

DATES: Written comments must be 

received on or before January 6, 2005.

The public hearings dates are:

1. December 27, 2004, from 2 p.m. to 

4 p.m. in Silver Spring, MD.

2. December 28, 2004, from 3 p.m. to 

4:30 p.m. in Gloucester, MA.

ADDRESSES: Comments may be 

submitted through any of the following 

methods:

• Email: 04BFTSPECS@noaa.gov.

• Federal e-Rulemaking Portal: http:/

/www.regulations.gov.

• Mail: Brad McHale, Highly 

Migratory Species Management 

Division, Office of Sustainable Fisheries 

(F/SF1), NMFS, One Blackburn Dr., 

Gloucester, MA 01930.

• Fax: 978–281–9340.

The public hearing locations are:

1. NOAA Science Center, 1301 EastWest Highway, Silver Spring, MD 

20910.

2. NOAA/NMFS Northeast Region 

Downstairs Conference Room, 1 

Blackburn Drive Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: Brad 

McHale at (978) 281–9260.

SUPPLEMENTARY INFORMATION: Atlantic 

tunas are managed under the dual 

authority of the Magnuson-Stevens Act 

and ATCA. ATCA authorizes the 

Secretary of Commerce (Secretary) to 

promulgate regulations, as may be 

necessary and appropriate, to 

implement ICCAT recommendations. 

The authority to issue regulations under 

the Magnuson-Stevens Act and ATCA 

has been delegated from the Secretary to 

the Assistant Administrator for 

Fisheries, NOAA (AA).

Background

On May 28, 1998, NMFS published in 

the Federal Register (64 FR 29090) final 

regulations, effective July 1, 1999, 

implementing the Fishery Management 

Plan for Atlantic Tunas, Swordfish, and 

Sharks (HMS FMP) that were adopted 

and made available to the public in 

April 1999.

In November 2002, ICCAT 

recommended a Total Allowable Catch 

(TAC) of BFT for the United States in 

the western Atlantic management area 

of 1,489.6 metric tons (mt), effective 

beginning in 2003 and continuing in 

subsequent fishing years until revised 

by ICCAT. Also in the 2002 

recommendation, ICCAT allocated 25 

mt annually to account for incidental 

catch of BFT by pelagic longline 

fisheries directed on other species ‘‘in 

the vicinity of the management 

boundary area.’’ This area was defined 

in the 2003 BFT annual specification 

rulemaking process as the Northeast 

Distant statistical area (NED) (68 FR 

56783, October 2, 2003). The TAC of 

1,489.6 mt is inclusive of the annual 25 

mt pelagic longline set-aside in the 

NED. The initial specifications within 

this proposed rule are published in 

accordance with the HMS FMP and are 

necessary to implement the 2002 ICCAT 

quota recommendation, as required by 

ATCA, and to achieve domestic 

management objectives under the 

Magnuson-Stevens Act.

This proposed rule would (1) 

establish initial quota specifications 

consistent with the BFT rebuilding 

program as set forth in the HMS FMP by 

allocating the 2002 ICCATrecommended quota for the 2004 fishing 

year (June 1, 2004 - May 31, 2005); (2) 

establish the General category effort 

controls, including time-period 

subquotas and restricted fishing days 

(RFDs), for the 2004 fishing season; and 

(3) establish a catch-and-release 

provision for recreational and 

commercial handgear vessels once their 

respective quota categories have been 

closed.

After consideration of public 

comment, NMFS will issue final initial 

quota specifications and effort controls 

and publish them in the Federal 

Register, along with NMFS’ response to 

those comments. The specifications and 

effort controls may subsequently be 

adjusted during the course of the fishing 

year, consistent with the provisions of 

the HMS FMP, and will be published in 

the Federal Register.

NMFS acknowledges that a number of 

other issues regarding the domestic 

management of BFT have been 

discussed over the prior year, including 

a Petition for Rulemaking, at the 2003 

HMS Advisory Panel (AP) meeting held 

in Silver Spring, MD and at public 

scoping hearings relating to Amendment 

2 of the HMS FMP. Some of these issues 

have been addressed in separate 

rulemakings. For instance, at the end of 

2003, a final rule was published (68 FR 

74504, December 24, 2003) that (1) 

extended the General category season 

from December 31 to January 31, (2) 

established a Harpoon category end date 

of November 15 (or when the quota is