
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1881a]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
 
              SUBCHAPTER V--FISHERY MONITORING AND RESEARCH
 
Sec. 1881a. Information collection


(a) Council requests

    If a Council determines that additional information (other than 
information that would disclose proprietary or confidential commercial 
or financial information regarding fishing operations or fish processing 
operations) would be beneficial for developing, implementing, or 
revising a fishery management plan or for determining whether a fishery 
is in need of management, the Council may request that the Secretary 
implement an information collection program for the fishery which would 
provide the types of information (other than information that would 
disclose proprietary or confidential commercial or financial information 
regarding fishing operations or fish processing operations) specified by 
the Council. The Secretary shall undertake such an information 
collection program if he determines that the need is justified, and 
shall promulgate regulations to implement the program within 60 days 
after such determination is made. If the Secretary determines that the 
need for an information collection program is not justified, the 
Secretary shall inform the Council of the reasons for such determination 
in writing. The determinations of the Secretary under this subsection 
regarding a Council request shall be made within a reasonable period of 
time after receipt of that request.

(b) Confidentiality of information

    (1) Any information submitted to the Secretary by any person in 
compliance with any requirement under this chapter shall be confidential 
and shall not be disclosed, except--
        (A) to Federal employees and Council employees who are 
    responsible for fishery management plan development and monitoring;
        (B) to State or Marine Fisheries Commission employees pursuant 
    to an agreement with the Secretary that prevents public disclosure 
    of the identity or business of any person;
        (C) when required by court order;
        (D) when such information is used to verify catch under an 
    individual fishing quota program;
        (E) that observer information collected in fisheries under the 
    authority of the North Pacific Council may be released to the public 
    as specified in a fishery management plan or regulation for weekly 
    summary bycatch information identified by vessel, and for haul-
    specific bycatch information without vessel identification; or
        (F) when the Secretary has obtained written authorization from 
    the person submitting such information to release such information 
    to persons for reasons not otherwise provided for in this 
    subsection, and such release does not violate other requirements of 
    this chapter.

    (2) The Secretary shall, by regulation, prescribe such procedures as 
may be necessary to preserve the confidentiality of information 
submitted in compliance with any requirement or regulation under this 
chapter, except that the Secretary may release or make public any such 
information in any aggregate or summary form which does not directly or 
indirectly disclose the identity or business of any person who submits 
such information. Nothing in this subsection shall be interpreted or 
construed to prevent the use for conservation and management purposes by 
the Secretary, or with the approval of the Secretary, the Council, of 
any information submitted in compliance with any requirement or 
regulation under this chapter or the use, release, or publication of 
bycatch information pursuant to paragraph (1)(E).

(c) Restriction on use of certain information

    (1) The Secretary shall promulgate regulations to restrict the use, 
in civil enforcement or criminal proceedings under this chapter, the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and the 
Endangered Species Act (16 U.S.C. 1531 et seq.), of information 
collected by voluntary fishery data collectors, including sea samplers, 
while aboard any vessel for conservation and management purposes if the 
presence of such a fishery data collector aboard is not required by any 
of such chapter or Acts or regulations thereunder.
    (2) The Secretary may not require the submission of a Federal or 
State income tax return or statement as a prerequisite for issuance of a 
permit until such time as the Secretary has promulgated regulations to 
ensure the confidentiality of information contained in such return or 
statement, to limit the information submitted to that necessary to 
achieve a demonstrated conservation and management purpose, and to 
provide appropriate penalties for violation of such regulations.

(d) Contracting authority

    Notwithstanding any other provision of law, the Secretary may 
provide a grant, contract, or other financial assistance on a sole-
source basis to a State, Council, or Marine Fisheries Commission for the 
purpose of carrying out information collection or other programs if--
        (1) the recipient of such a grant, contract, or other financial 
    assistance is specified by statute to be, or has customarily been, 
    such State, Council, or Marine Fisheries Commission; or
        (2) the Secretary has entered into a cooperative agreement with 
    such State, Council, or Marine Fisheries Commission.

(e) Resource assessments

    (1) The Secretary may use the private sector to provide vessels, 
equipment, and services necessary to survey the fishery resources of the 
United States when the arrangement will yield statistically reliable 
results.
    (2) The Secretary, in consultation with the appropriate Council and 
the fishing industry--
        (A) may structure competitive solicitations under paragraph (1) 
    so as to compensate a contractor for a fishery resources survey by 
    allowing the contractor to retain for sale fish harvested during the 
    survey voyage;
        (B) in the case of a survey during which the quantity or quality 
    of fish harvested is not expected to be adequately compensatory, may 
    structure those solicitations so as to provide that compensation by 
    permitting the contractor to harvest on a subsequent voyage and 
    retain for sale a portion of the allowable catch of the surveyed 
    fishery; and
        (C) may permit fish harvested during such survey to count toward 
    a vessel's catch history under a fishery management plan if such 
    survey was conducted in a manner that precluded a vessel's 
    participation in a fishery that counted under the plan for purposes 
    of determining catch history.

    (3) The Secretary shall undertake efforts to expand annual fishery 
resource assessments in all regions of the Nation.

(Pub. L. 94-265, title IV, Sec. 402, as added Pub. L. 104-297, title II, 
Sec. 203, Oct. 11, 1996, 110 Stat. 3607.)

                       References in Text

    The Marine Mammal Protection Act of 1972, referred to in subsec. 
(c)(1), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended, 
which is classified generally to chapter 31 (Sec. 1361 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 1361 of this title and Tables.
    The Endangered Species Act, referred to in subsec. (c)(1), probably 
means the Endangered Species Act of 1973, Pub. L. 93-205, Dec. 28, 1973, 
87 Stat. 884, as amended, which is classified generally to chapter 35 
(Sec. 1531 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 1531 of this 
title and Tables.


                            Prior Provisions

    A prior section 402 of Pub. L. 94-265 repealed former sections 1081 
to 1086 and 1091 to 1094 of this title, prior to being amended generally 
by Pub. L. 104-297.

                  Section Referred to in Other Sections

    This section is referred to in sections 1852, 1855, 1881 of this 
title.
