§ 1881a. — Information collection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
