PUBLIC LAW 109–479—JAN. 12, 2007
120 STAT. 3613
collection or observer program requiring submission of such additional information for the fishery.’’. SEC. 203. ACCESS TO CERTAIN INFORMATION.
(a) IN GENERAL.—Section 402(b) (16 U.S.C. 1881a(b)) is amended— (1) by redesignating paragraph (2) as paragraph (3) and resetting it 2 ems from the left margin; (2) by striking all preceding paragraph (3), as redesignated, and inserting the following: ‘‘(b) CONFIDENTIALITY OF INFORMATION.— ‘‘(1) Any information submitted to the Secretary, a State fishery management agency, or a marine fisheries commission by any person in compliance with the requirements of this Act shall be confidential and shall not be disclosed except— ‘‘(A) to Federal employees and Council employees who are responsible for fishery management plan development, monitoring, or enforcement; ‘‘(B) to State or Marine Fisheries Commission employees as necessary to further the Department’s mission, subject to a confidentiality agreement that prohibits public disclosure of the identity of business of any person; ‘‘(C) to State employees who are responsible for fishery management plan enforcement, if the States employing those employees have entered into a fishery enforcement agreement with the Secretary and the agreement is in effect; ‘‘(D) when required by court order; ‘‘(E) when such information is used by State, Council, or Marine Fisheries Commission employees to verify catch under a limited access program, but only to the extent that such use is consistent with subparagraph (B); ‘‘(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 Act; ‘‘(G) when such information is required to be submitted to the Secretary for any determination under a limited access program; or ‘‘(H) in support of homeland and national security activities, including the Coast Guard’s homeland security missions as defined in section 888(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)(2)). ‘‘(2) Any observer information shall be confidential and shall not be disclosed, except in accordance with the requirements of subparagraphs (A) through (H) of paragraph (1), or— ‘‘(A) as authorized by a fishery management plan or regulations under the authority of the North Pacific Council to allow disclosure to the public of weekly summary bycatch information identified by vessel or for haul-specific bycatch information without vessel identification; ‘‘(B) when such information is necessary in proceedings to adjudicate observer certifications; or ‘‘(C) as authorized by any regulations issued under paragraph (3) allowing the collection of observer information, pursuant to a confidentiality agreement between the
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