[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Notices]
[Pages 2230-2236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00535]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[DOI-2023-0010; FF10T03000/234/FXGO16640970500]


Privacy Act of 1974; System of Records

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of the Interior (DOI) is issuing a public 
notice of its intent to modify the U.S. Fish and Wildlife Service (FWS) 
Privacy Act system of records, INTERIOR/FWS-21, Permits System. FWS is 
consolidating all of the FWS permits systems of records under this 
system of records notice (SORN) and making updates to accurately 
reflect management of the system of records. This modified system will 
be included in DOI's inventory of record systems.

DATES: This modified system will be effective upon publication. New or 
modified routine uses will be effective February 12, 2024. Submit 
comments on or before February 12, 2024.

ADDRESSES: You may send comments identified by docket number [DOI-2023-
0010] by any of the following methods:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for sending comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#c88c87819798baa1bea9abb188a1a7bbe6aca7a1e6afa7be"><span class="__cf_email__" data-cfemail="90d4dfd9cfc0e2f9e6f1f3e9d0f9ffe3bef4fff9bef7ffe6">[email protected]</span></a>. Include docket number 
[DOI-2023-0010] in the subject line of the message.
    <bullet> U.S. mail or hand-delivery: Teri Barnett, Departmental 
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW, 
Room 7112, Washington, DC 20240.
    Instructions: All submissions received must include the agency name 
and docket number [DOI-2023-0010]. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov.

[[Page 2231]]


FOR FURTHER INFORMATION CONTACT: Jennifer L. Schmidt, Associate Privacy 
Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: IRTM, 
Falls Church, VA 22041-3803, <a href="/cdn-cgi/l/email-protection#bdfbeaeee2cdcfd4cbdcdec4fddbcace93dad2cb"><span class="__cf_email__" data-cfemail="276170747857554e5146445e6741505409404851">[email protected]</span></a> or (703) 358-2291.

SUPPLEMENTARY INFORMATION:

I. Background

    FWS maintains five permitting systems of records to help FWS 
perform its conservation and wildlife management mission. These 
permitting systems enable the collection and maintenance of necessary 
information about individuals and entities such as businesses, museums, 
zoos, universities, or government agencies in order to establish and 
verify their eligibility for a permit or license to conduct varied 
activities such as development, implementing conservation actions, 
recreation, subsistence, research and/or rehabilitation that affect 
wildlife and plants protected under various Federal wildlife laws and 
treaties and on National Wildlife Refuges or National Fish Hatcheries. 
FWS has implemented an ePermits System to automate the administration 
of these permits into one consolidated system in order to standardize 
and ensure consistency of information collected across FWS and reduce 
the burden on the public.
    FWS is publishing this notice to consolidate all the permitting 
systems of records listed below under the INTERIOR/FWS-21, Permits 
System, 68 FR 52610 (September 4, 2003); modification published 73 FR 
31877 (June 4, 2008) and 88 FR 16277 (March 16, 2023). FWS will rescind 
the remaining permits systems of records listed below once this 
modified INTERIOR/FWS-21 notice is published.
    <bullet> INTERIOR/FWS-5, National Wildlife Refuge Special Use 
Permits, 64 FR 29055 (May 28, 1999); modification published 73 FR 31877 
(June 4, 2008) and 88 FR 16277 (March 16, 2023);
    <bullet> INTERIOR/FWS-7, Water Development Project and/or Effluent 
Discharge Permit Application Review, 46 FR 18367 (March 24, 1981); 
modification published 73 FR 31877 (June 4, 2008) and 88 FR 16277 
(March 16, 2023);
    <bullet> INTERIOR/FWS-10, National Fish Hatchery Special Use 
Permits, 64 FR 29055 (May 28, 1999); modification published 73 FR 31877 
(June 4, 2008) and 88 FR 16277 (March 16, 2023);
    <bullet> INTERIOR/FWS-30, Marine Mammals Management, Marking, 
Tagging and Reporting Program, 58 FR 41803 (August 5, 1993); 
modification published 73 FR 31877 (June 4, 2008) and 88 FR 16277 
(March 16, 2023).
    FWS is modifying the AUTHORITY FOR MAINTENANCE OF THE SYSTEM 
section by adding its establishing legislation, the Fish and Wildlife 
Act of 195616 U.S.C. 742a et seq. FWS is adding the Alaska National 
Interests Lands Conservation Act (ANILCA), U.S.C. Titles 16 and 43 
(various sections) which authorizes the collection and maintenance of 
information necessary to administer the Federal Subsistence Management 
Program. From INTERIOR/FWS-5 and INTERIOR/FWS-10, FWS will also add the 
Refuge Recreation Act of 1962, 16 U.S.C. 460k--460k-4; The National 
Wildlife Refuge System Administration Act of 1966, 16 U.S.C. 668dd-ee); 
and the National Wildlife Refuge System Improvement Act of 1997, Public 
Law 105-57. These authorities govern the administration and public uses 
of national wildlife refuges, wetland management districts, and 
national fish hatcheries. From INTERIOR/FWS-7 FWS is adding the Fish 
and Wildlife Coordination Act, 16 U.S.C. 661-666c. This Act requires 
FWS to investigate and report on proposed Federal actions that affect 
any stream or other body of water and to provide recommendations to 
minimize impacts on fish and wildlife resources. The authority from 
INTERIOR/FWS-30, the Marine Mammal Protection Act of 1972, 16 U.S.C. 
Chapter 31, is already included in INTERIOR/FWS-21 as an authority.
    FWS is updating the PURPOSE(S) OF THE SYSTEM section to include 
additional purposes from the consolidated notices including: to conduct 
permitted activities on a National Wildlife Refuges or a National Fish 
Hatchery, to review and comment on other Federal agency permit 
applications as required by law; to monitor authorized subsistence 
harvests by Alaska natives, and to help control illegal activities in 
take, trade, and transport of protected wildlife.
    FWS is reorganizing and expanding the CATEGORIES OF INDIVIDUALS 
COVERED BY THE SYSTEM and the CATEGORIES OF RECORDS IN THE SYSTEM 
sections. The categories of individuals are grouped into three main 
categories: (1) FWS employees and contractors with official roles in 
the permitting process and their profile records; (2) Applicants, 
including applicant sponsors, affiliates, assistants, and others 
involved in the permitted activity and application records including 
waivers and appeals; and (3) Experts, consultants, and other authorized 
officials within and outside of the Federal government who provide 
insight or advice on an application, and the records of the agency's 
decision. This modification will also expand the categories of records 
listed in the referenced SORNs to cover all permits, licenses and 
application records received from individuals within and external to 
the Federal government involved in a specific application or permitting 
program. The RECORD SOURCE CATEGORIES section will also be expanded to 
include not only individuals and entities that apply for a permit or 
license, but also those with an official role in the processing or 
adjudication of a permit application; others who may have information 
relevant to an inquiry; and members of the public who interact with FWS 
through a permit program.
    FWS is modifying the ROUTINE USES OF RECORDS MAINTAINED IN THE 
SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES section 
to ensure the efficient and effective wildlife management and 
conservation functions, to carry out statutory responsibilities and to 
promote integrity of the records in the system. FWS is proposing new 
and modified routine uses in INTERIOR/FWS-21 to make them consistent 
with DOI standard routine uses and revise them from a numeric to an 
alphabetic list (A--N). Routine use A has been modified to further 
clarify disclosures to the Department of Justice or other Federal 
agencies when necessary in relation to litigation or judicial 
proceedings. Routine use B has been modified to clarify disclosures to 
a congressional office to respond to or resolve an individual's request 
made to that office. Routine use D has been modified to allow DOI to 
share information with other agencies when there is an indication of a 
violation of law. Routine use I has been modified to include the 
sharing of information with grantees and shared service providers of 
DOI that perform services requiring access to these records on DOI's 
behalf to carry out the purposes of the system.
    Additionally, routine uses from the INTERIOR/FWS-21 SORN were 
included in this notice as routine uses O-T. Routine use O has been 
modified to include sharing with international agencies and to clarify 
that decisions may also be made on licenses. Routine use P was revised 
to clarify when permitting information must be released to the public 
for notice and/or comment. Routine use Q was modified to include Tribal 
and international wildlife and plant agencies for the purpose of 
exchanging information on permits or licenses to meet applicable 
permitting requirements. Routine use S has been modified to include 
sharing information

[[Page 2232]]

with international authorities who receive, treat or diagnose sick, 
orphaned, and injured birds. Routine use T was modified to correct the 
name of the U.S. Government Accountability Office.
    Proposed routine use C facilitates sharing of information with the 
Executive Office of the President to resolve issues concerning 
individual's records. Proposed routine use E allows DOI to share 
information with other Federal agencies to assist in the performance of 
their responsibility to ensure records are accurate and complete, and 
to respond to requests from individuals who are the subject of the 
records. Proposed routine use F facilitates sharing of information 
related to hiring, issuance of a security clearance, or a license, 
contract, grant or benefit. Proposed routine use G allows sharing with 
the National Archives and Records Administration to conduct records 
management inspections. Proposed routine use H allows sharing of 
information with territorial organizations in response to court orders 
or for discovery purposes related to litigation. Proposed routine use L 
allows sharing with OMB in relation to legislative affairs mandated by 
OMB Circular A-19. Proposed routine use M allows sharing of information 
with the Department of the Treasury to recover debts owed to the United 
States. Proposed routine use N allows sharing with the news media and 
the public, when it is necessary to preserve the confidence in the 
integrity of DOI, demonstrate the accountability of its officers, 
employees, or individuals covered in the system, or where there exists 
a legitimate public interest in the disclosure of the information such 
as circumstances that support a legitimate law enforcement or public 
safety function, or protects the public from imminent threat of life or 
property. Proposed routine uses U-X were added to authorize the release 
of certain permitting information to the U.S. Department of 
Agriculture's Animal and Plant Health Inspection Service (APHIS), the 
U.S. Department of Commerce's National Oceanic and Atmospheric 
Administration (NOAA), and the U.S. Department of Homeland Security's 
Customs and Border Patrol, and other Federal, Tribal, State, local and 
international agencies for the purpose of coordinating response to 
emergencies or natural disasters. Finally, FWS will make general 
updates to the remaining sections to accurately reflect management of 
the system of records in accordance with OMB Circular A-108.
    DOI has exempted records maintained in this system from certain 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). See 
Privacy Act exemptions at 43 CFR 2.254. This revised notice makes a 
correction from the previous publication which erroneously referenced 
Privacy Act exemptions at 5 U.S.C. 552a(j)(2) in the Exemptions 
section. DOI will apply the exemptions on a case-by-case basis to the 
extent records from the consolidated system include investigatory 
material compiled for law enforcement purposes.
    Pursuant to 5 U.S.C. 552a(b)(12), FWS may disclose information from 
this system to consumer reporting agencies as 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)) to aid in the collection 
of outstanding debts owed to the Federal Government.

II. Privacy Act

    The Privacy Act of 1974, as amended, embodies fair information 
practice principles in a statutory framework governing the means by 
which Federal agencies collect, maintain, use, and disseminate 
individuals' records. The Privacy Act applies to records about 
individuals that are maintained in a ``system of records.'' A ``system 
of records'' is a group of any records under the control of an agency 
from which information is retrieved by the name of an individual or by 
some identifying number, symbol, or other identifying particular 
assigned to the individual. The Privacy Act defines an individual as a 
United States citizen or lawful permanent resident. Individuals may 
request access to their own records that are maintained in a system of 
records in the possession or under the control of DOI by complying with 
DOI Privacy Act regulations at 43 CFR part 2, subpart K, and following 
the procedures outlined in the Records Access, Contesting Record, and 
Notification Procedures sections of this notice.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the existence and character of each 
system of records that the agency maintains, and the routine uses of 
each system. The INTERIOR/FWS-21, Permits System, SORN is published in 
its entirety below. In accordance with 5 U.S.C. 552a(r), DOI has 
provided a report of this system of records to the Office of Management 
and Budget and to Congress.

III. Public Participation

    You should be aware your entire comment including your personally 
identifiable information, such as your address, phone number, email 
address, or any other personal identifying information in your comment, 
may be made publicly available at any time. While you may request to 
withhold your personally identifiable information from public review, 
we cannot guarantee we will be able to do so.

SYSTEM NAME AND NUMBER:
    INTERIOR/FWS-21, Permits System.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Information Technology Resources Management (IRTM), U.S. Fish and 
Wildlife Service, 5275 Leesburg Pike MS: IRTM, Falls Church, VA 22041-
3803, FWS Regional Offices and field locations, and DOI/FWS contractor 
facilities. A current listing of these offices may be obtained by 
writing to the System Manager/s or by visiting the FWS website at 
https://www.fws.gov.

SYSTEM MANAGER(S):
    (1) Assistant Director, U.S. Fish and Wildlife Service, Division of 
Migratory Birds, 1849 C Street NW, MS: MB MIB, Washington, DC 20240, 
has overall responsibility for the policies and procedures used to 
operate the system.
    (2) FWS permitting programs in headquarters and field offices have 
responsibility for the data inputted and maintained in the system and 
for responding to requests for records from their respective programs. 
These programs are as follows:
    <bullet> Assistant Director, Ecological Services, U.S. Fish and 
Wildlife Service, 1849 C Street NW, MS: ES MIB, Washington, DC 20240;
    <bullet> Assistant Director, Office of Law Enforcement, U.S. Fish 
and Wildlife Service, 5275 Leesburg Pike, MS: OLE, Falls Church, VA 
22041-3803;
    <bullet> Assistant Director, International Affairs, U.S. Fish and 
Wildlife Service, 5275 Leesburg Pike, MS: DMA, Falls Church, VA 22041-
3803;
    <bullet> Chief, National Wildlife Refuge System, U.S. Fish and 
Wildlife Service, 1849 C Street NW, MS: NWRS MIB, Washington, DC 20240; 
and
    <bullet> Assistant Director, Fish and Aquatic Conservation, U.S. 
Fish and Wildlife Service, 5275 Leesburg Pike, MS: FAC, Falls Church, 
VA 22041-3803.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Fish and Wildlife Act of 1956, 16 U.S.C. 742a et seq.; Refuge 
Recreation Act of 1962, 16 U.S.C. 460k--460k-4; The National Wildlife 
Refuge System Administration Act of 1966, 16 U.S.C. 668dd et seq.; The 
National Wildlife Refuge System Improvement Act of

[[Page 2233]]

1977, Pub. L. 105-57; Fish and Wildlife Coordination Act, 16 U.S.C. 
661-666c; Bald and Golden Eagle Protection Act, 16 U.S.C. 668-668d; 
Endangered Species Act of 1973, 16 U.S.C. 1531 et seq.); Migratory Bird 
Treaty Act, 16 U.S.C. 703-712; Marine Mammal Protection Act of 1972, 16 
U.S.C. Chapter 31; Wild Bird Conservation Act, 16 U.S.C. Chapter 69; 
Lacey Act, 18 U.S.C. 42, and the Lacey Act Amendments, 16 U.S.C. 3371-
3378; and the Alaska National Interest Lands Conservation Act (ANILCA), 
U.S.C. Titles 16 and 43 (various sections).

PURPOSE(S) OF THE SYSTEM:
    The purpose of the permits system of records is to establish and 
verify an applicant's eligibility for a permit or license to conduct 
activities which affect wildlife and plants protected under various 
Federal wildlife laws and conservation treaties or on National Wildlife 
Refuges or National Fish Hatcheries. FWS uses the system to conduct the 
review and approval or denial process for a permit or license, evaluate 
the effectiveness of permit programs, meet administrative reporting 
requirements, generate budget estimates and track performance, and 
provide the public and permittees with permit-related information. The 
system also helps FWS monitor the use and trade of protected wildlife 
and plants including the import and export of wildlife and wildlife 
products into and out of the U.S.; assess the impact of permitted 
activities on the conservation and management of species and their 
habitats, including authorized subsistence harvests by Alaska Natives; 
help control illegal activities in take, trade, and transport of 
protected wildlife; analyze data and produce reports on the use and 
trade in protected wildlife and plants in support of listing decisions 
and other actions; review and comment on other Federal agency permit 
applications as required by law, and assist foreign conservation 
agencies with analyses of international trade in wildlife species 
between the U.S. and foreign countries.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system include:
    (1) Current and former FWS employees and contractors responsible 
for processing permit or license applications and/or monitoring 
compliance.
    (2) Applicants, including members of the public or individuals 
acting on behalf of entities such as businesses, museums, zoos, 
universities, non-governmental organizations (NGOs) and government 
agencies, who submit an application for a permit or license to conduct 
certain activities regulated by FWS, or have a permit application or 
permit itself initiated, issued, amended, modified, inactivated, denied 
or revoked; permit applicants' business principal officer and/or 
customs agents, if applicable; and other individuals that may assist 
the applicant in conducting the permitted activity such as assistants, 
subcontractors, sub-permittees, associates, or consultants, as well as 
individuals who provide professional recommendations or personal 
references.
    (3) Expert consultants or others who participate in administering 
the permit program, have information relevant to an inquiry or 
application, and/or assist the FWS in make permitting decisions such as 
State-licensed veterinarians, specialists, Tribal Representatives, or 
Title 50 Certifying Officials.
    The system contains records on corporations and other business 
entities including Tax Identification Numbers (TINs), which are not 
subject to the Privacy Act. However, records pertaining to individuals 
acting on behalf of corporations and other business entities may 
reflect personal information that is subject to the Privacy Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the system include:
    (1) FWS employee and contractor profile records that contain name, 
username, title/position, business address, business fax number, 
business phone number, and business email address to facilitate 
communication between the permitting program and permit applicants and 
holders.
    (2) Permit and license application records and supporting 
documentation for permitted activities which include but are not 
limited to: applicant/holder name, address, date of birth, TIN, or the 
last four digits of individual applicant's Social Security number if 
TIN is not available, occupation, home and work phone numbers, 
facsimile number, email address, type of permit, permit number, region 
where applicant is located, and application received date, effective 
date; species, import/export license number, Convention on the 
International Trade in Endangered Species (CITES) Document Number, 
Foreign Law Document Number, Custom Document Number; carrier 
information, insurance coverage if applicable; locational information, 
time and map of permitted activity; logistical and transportation 
details including description of onsite or living or working 
accommodations, vehicle, boat or plane descriptions and license plate 
numbers, and other related information depending on the permit type; 
parent or guardian name and contact information for all refuge hunting 
and fishing permit applicants aged 16 and 17 in case of an emergency; 
refuge mentored or sponsored hunting and fishing permit applicants' 
disability status, if applicable; health or medical information in case 
of an emergency; names and addresses of applicant assistants, 
subcontractors or sub-permittees; any other certifications, licenses or 
permits issued by another organization that are required for the 
permitted activity; current or past history of violations of State, 
Federal, or local laws or regulations related to fish and wildlife; 
professional references and institutional affiliations, cooperators or 
sponsors and their relationship to applicant; and records of requests 
for reconsideration and appeals of permit or license denials or 
revocation decisions.
    (3) Determinations of eligibility including: decisions, 
correspondence or evaluations of information to make a decision on an 
application for a permit, or an appeal of a denial for a permit 
including Letters of Authorization; documents and records related to 
the FWS monitoring of activities that occur under the permit or license 
once issued; and documents that reflect the general administrative 
processing of the application and permit program such as public review 
required by certain laws, including comments received, consultations 
with subject matter experts, within FWS and in State, Federal, local, 
and foreign agencies for the purpose of obtaining scientific, 
management, and legal advice.

RECORD SOURCE CATEGORIES:
    Records in the system are obtained primarily from permit 
applicants, permittees and those who have had a permit or license 
application or permit itself initiated, issued, amended, modified, 
inactivated, denied, or revoked. Information is also obtained from 
other individuals or agencies with an official role in the processing 
or adjudication of a FWS permit application such as DOI and other 
Federal officials, Tribal, State and local officials, subject matter 
experts, or others who may have information relevant to an inquiry, and 
members of the public who communicate, interact with, or request 
assistance or services from a FWS permit program.

[[Page 2234]]

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, all or a portion of the records or 
information contained in this system may be disclosed outside DOI as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including Offices of the 
U.S. Attorneys, or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    (1) DOI or any component of DOI;
    (2) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (3) Any DOI employee or former employee acting in his or her 
official capacity;
    (4) Any DOI employee or former employee acting in his or her 
individual capacity when DOI or DOJ has agreed to represent that 
employee or pay for private representation of the employee; or
    (5) The United States Government or any agency thereof when DOJ 
determines that DOI is likely to be affected by the proceeding.
    B. To a congressional office when requesting information on behalf 
of, and at the request of, the individual who is the subject of the 
record.
    C. To the Executive Office of the President in response to an 
inquiry from that office made at the request of the subject of a record 
or a third party on that person's behalf, or for a purpose compatible 
with the reason for which the records are collected or maintained.
    D. To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, State, Territorial, local, Tribal or foreign) when a 
record, either alone or in conjunction with other information, 
indicates a violation or potential violation of law--criminal, civil, 
or regulatory in nature, and the disclosure is compatible with the 
purpose for which the records were compiled.
    E. To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files or to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    F. To Federal, State, Territorial, local, Tribal, or foreign 
agencies that have requested information relevant or necessary to the 
hiring, firing or retention of an employee or contractor, or the 
issuance of a security clearance, license, contract, grant or other 
benefit, when the disclosure is compatible with the purpose for which 
the records were compiled.
    G. To representatives of the National Archives and Records 
Administration (NARA) to conduct records management inspections under 
the authority of 44 U.S.C. 2904 and 2906.
    H. To State, Territorial, and local governments and Tribal 
organizations to provide information needed in response to court order 
and/or discovery purposes related to litigation, when the disclosure is 
compatible with the purpose for which the records were compiled.
    I. To an expert, consultant, grantee, shared service provider, or 
contractor (including employees of the contractor) of DOI that performs 
services requiring access to these records on DOI's behalf to carry out 
the purposes of the system.
    J. To appropriate agencies, entities, and persons when:
    (1) DOI suspects or has confirmed that there has been a breach of 
the system of records;
    (2) DOI has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DOI (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and
    (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DOI's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    K. To another Federal agency or Federal entity, when DOI determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in:
    (1) responding to a suspected or confirmed breach; or
    (2) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    L. To the Office of Management and Budget (OMB) during the 
coordination and clearance process in connection with legislative 
affairs as mandated by OMB Circular A-19.
    M. To the Department of the Treasury to recover debts owed to the 
United States.
    N. To the news media and the public, with the approval of the 
Public Affairs Officer in consultation with counsel and the Senior 
Agency Official for Privacy, where there exists a legitimate public 
interest in the disclosure of the information, except to the extent it 
is determined that release of the specific information in the context 
of a particular case would constitute an unwarranted invasion of 
personal privacy.
    O. To subject matter experts, including but not limited to experts 
in Federal, Tribal, State, local and international agencies, for the 
purpose of obtaining scientific, management, and legal advice relevant 
to deciding on an application for a permit or license.
    P. To the public as a result of publishing Federal Register notices 
announcing the receipt of permit applications under the U.S. Endangered 
Species Act, the Marine Mammal Protection Act, and the Wild Bird 
Conservation Act to provide the public opportunity to comment and 
provide relevant information to assist in the decision making; as a 
result of publishing approved Candidate Conservation Agreements and 
Assurances (CCAAs), Safe Harbor Agreements (SHAs), and Habitat 
Conservation Plans; or otherwise required by law.
    Q. To Federal, Tribal, State, local and international wildlife and 
plant agencies for the exchange of information on permits or licenses 
granted or denied to assure compliance with all applicable permitting 
requirements.
    R. To individuals authorized as Captive-bred Wildlife registrants 
under the Endangered Species Act for the exchange of captive-born, non-
native endangered and threatened species, and to share information on 
new developments and techniques of captive breeding of these protected 
species.
    S. To Federal, Tribal, State, local and international authorities, 
federally permitted rehabilitators and licensed veterinarians who are 
permitted to receive, treat, or diagnose sick, orphaned, and injured 
birds under the Migratory Bird Treaty Act and the Bald and Golden Eagle 
Protection Act, and individuals seeking a permitted rehabilitator, in 
order to place a sick, injured, or orphaned bird in need of care.
    T. To the U.S. Government Accountability Office or Congress when 
the information is required for the evaluation of the permit programs.
    U. To the U.S. Department of Agriculture's Animal and Plant Health 
Inspection Service (APHIS) for the exchange of information related to 
wildlife damage to agriculture, human

[[Page 2235]]

health and safety, natural resources, and human property.
    V. To the U.S. Department of Commerce's National Oceanic and 
Atmospheric Administration (NOAA) for the exchange of information 
related to management of national fisheries.
    W. To the U.S. Department of Homeland Security's U.S. Customs and 
Border Protection to facilitate inspections of wildlife and wildlife 
product shipments into and out of the U.S. and enforce wildlife import 
and export laws and regulations.
    X. To Federal, Tribal, State, local and international agencies for 
the purpose of coordinating response to emergencies or natural 
disasters in regards to wildlife or habitat impacts.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper records are contained in file folders stored in file 
cabinets. Electronic records are contained in removable drives, 
computer servers, email, and electronic databases.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved primarily by the permit application or file 
number or the name of permit applicant or holder. Records are also 
retrieved by date, wildlife species or location.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are primarily maintained under the FWS 
Records Schedule for Permits which is approved by NARA (N1-022-05-01/
108). The disposition is temporary. Records are destroyed 10 years 
after the permit expires.
    Approved destruction methods for temporary records that have met 
their retention period include shredding or pulping paper records and 
erasing or degaussing electronic records in accordance with 
Departmental policy and NARA guidelines.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The records contained in this system are safeguarded in accordance 
with 43 CFR 2.226 and other applicable security and privacy rules and 
policies. During normal hours of operation, paper records are 
maintained in locked file cabinets under the control of authorized 
personnel. Computer servers on which electronic records are stored are 
located in secured DOI controlled facilities with physical, technical 
and administrative levels of security to prevent unauthorized access to 
the DOI network and information assets. Access is granted to authorized 
personnel based on roles, and each person granted access to the system 
must be individually authorized to use the system. A Privacy Act 
Warning Notice appears on computer monitor screens when records 
containing information on individuals are first displayed. Data 
exchanged between the servers and the system is encrypted. Backup tapes 
are encrypted and stored in a locked and controlled room in a secure, 
off-site location.
    Computerized records systems follow the National Institute of 
Standards and Technology (NIST) privacy and security standards as 
developed to comply with the Privacy Act of 1974, as amended, 5 U.S.C. 
552a; Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.; Federal 
Information Security Modernization Act of 2014 (FISMA), 44 U.S.C. 3551 
et seq.; and the Federal Information Processing Standards 199: 
Standards for Security Categorization of Federal Information and 
Information Systems. The system is hosted in a certified Federal Risk 
and Authorization Management Program (FedRAMP) cloud-based environment 
employing security and privacy controls defined by NIST Special 
Publication (SP) 800-53. The system cloud-based environment meets 
FedRAMP and FISMA compliance standards for Moderate impact systems. 
Security controls include multi-factor authentication, database 
permissions, encryption, firewalls, audit logs, and network system 
security monitoring, and software controls.
    Access to records in the system is limited to authorized personnel 
who have a need to access the records in the performance of their 
official duties, and each user's access is restricted to only the 
functions and data necessary to perform that person's job 
responsibilities. System administrators and authorized users are 
trained and required to follow established internal security protocols 
and must complete all security, privacy, and records management 
training and sign the DOI Rules of Behavior. A Privacy Impact 
Assessment was conducted on the ePermits system to ensure that Privacy 
Act requirements are met, and appropriate privacy controls were 
implemented to safeguard the personally identifiable information 
contained in the system.

RECORD ACCESS PROCEDURES:
    DOI has exempted portions of this system from the access provisions 
of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). FWS will make 
access determinations on a case-by-case basis.
    To the extent that portions of this system are not exempt, an 
individual requesting access to their records should send a written 
inquiry to the System Manager identified above. DOI forms and 
instructions for submitting a Privacy Act request may be obtained from 
the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must include a general description of 
the records sought and the requester's full name, current address, and 
sufficient identifying information such as date of birth or other 
information required for verification of the requester's identity. The 
request must be signed and dated and be either notarized or submitted 
under penalty of perjury in accordance with 28 U.S.C. 1746. Requests 
submitted by mail must be clearly marked ``PRIVACY ACT REQUEST FOR 
ACCESS'' on both the envelope and letter. A request for access must 
meet the requirements of 43 CFR 2.238.

CONTESTING RECORD PROCEDURES:
    DOI has exempted portions of this system from the amendment 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). FWS will 
make amendment determinations on a case-by-case basis.
    To the extent that portions of this system are not exempt, an 
individual requesting amendment of their records should send a written 
request to the applicable System Manager as identified above. DOI 
instructions for submitting a request for amendment of records are 
available on the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must clearly 
identify the records for which amendment is being sought, the reasons 
for requesting the amendment, and the proposed amendment to the record. 
The request must include the requester's full name, current address, 
and sufficient identifying information such as date of birth or other 
information required for verification of the requester's identity. The 
request must be signed and dated and be either notarized or submitted 
under penalty of perjury in accordance with 28 U.S.C. 1746. Requests 
submitted by mail must be clearly marked ``PRIVACY ACT REQUEST FOR 
AMENDMENT'' on both the envelope and letter. A request for amendment 
must meet the requirements of 43 CFR 2.246.

NOTIFICATION PROCEDURES:
    DOI has exempted portions of this system from the notification 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). FWS will 
make notification determinations on a case-by-case basis.
    To the extent that portions of this system are not exempt, an 
individual requesting notification of the existence

[[Page 2236]]

of records about them should send a written inquiry to the applicable 
System Manager as identified above. DOI instructions for submitting a 
request for notification are available on the DOI Privacy Act Requests 
website at https://www.doi.gov/privacy/privacy-act-requests. The 
request must include a general description of the records and the 
requester's full name, current address, and sufficient identifying 
information such as date of birth or other information required for 
verification of the requester's identity. The request must be signed 
and dated and be either notarized or submitted under penalty of perjury 
in accordance with 28 U.S.C. 1746. Requests submitted by mail must be 
clearly marked ``PRIVACY ACT INQUIRY'' on both the envelope and letter. 
A request for notification must meet the requirements of 43 CFR 2.235.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    This system contains records related to law enforcement activities 
that are exempt from certain provisions of the Privacy Act, 5 U.S.C. 
552a(k)(2). Pursuant to the Privacy Act, 5 U.S.C. 552a(k)(2), DOI has 
exempted portions of this system from the following subsections of the 
Privacy Act: (c)(3), (d), (e)(1), (e)(4)(G) through (e)(4)(I), and (f).

HISTORY:
    68 FR 52610 (September 4, 2003); modification published at 73 FR 
31877 (June 4, 2008) and 88 FR 16277 (March 16, 2023).

Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2024-00535 Filed 1-11-24; 8:45 am]
BILLING CODE 4333-15-P


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