16 U.S.C. § 1881a — Information collection

Page 2125 TITLE 16—CONSERVATION § 1881a TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. NAS REPORT RECOMMENDATIONS Pub. L. 115–405, § 201(b), Dec. 31, 2018, 132 Stat. 5358, provided that: ‘‘The Secretary of Commerce shall take into consideration and, to the extent feasible, imple- ment the recommendations of the National Academy of Sciences in the report entitled ‘Review of the Marine Recreational Information Program (2017)’, and shall submit, every 2 years following the date of enactment of this Act [Dec. 31, 2018], a report to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Rep- resentatives] detailing progress made implementing those recommendations. Recommendations considered shall include— ‘‘(1) prioritizing the evaluation of electronic data collection, including smartphone applications, elec- tronic diaries for prospective data collection, and an internet website option for panel members or for the public; ‘‘(2) evaluating whether the design of the Marine Recreational Information Program for the purposes of stock assessment and the determination of stock management reference points is compatible with the needs of in-season management of annual catch lim- its; and ‘‘(3) if the Marine Recreational Information Pro- gram is incompatible with the needs of in-season management of annual catch limits, determining an alternative method for in-season management.’’ § 1881a. Information collection (a) Collection programs (1) Council requests If a Council determines that additional in- formation would be beneficial for developing, implementing, or revising a fishery manage- ment plan or for determining whether a fish- ery 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 specified by the Council. The Secretary shall undertake such an information collection pro- gram if he determines that the need is justi- fied, and shall promulgate regulations to im- plement the program within 60 days after such determination is made. If the Secretary deter- mines that the need for an information collec- tion program is not justified, the Secretary shall inform the Council of the reasons for such determination in writing. The determina- tions of the Secretary under this paragraph re- garding a Council request shall be made with- in a reasonable period of time after receipt of that request. (2) Secretarial initiation If the Secretary determines that additional information is necessary for developing, im- plementing, revising, or monitoring a fishery management plan, or for determining whether a fishery is in need of management, the Sec- retary may, by regulation, implement an in- formation collection or observer program re- quiring submission of such additional informa- tion for the fishery. (b) Confidentiality of information (1) Any information submitted to the Sec- retary, a State fishery management agency, or a marine fisheries commission by any person in compliance with the requirements of this chap- ter shall be confidential and shall not be dis- closed except— (A) to Federal employees and Council em- ployees who are responsible for fishery man- agement plan development, monitoring, or en- forcement; (B) to State or Marine Fisheries Commission employees as necessary to further the Depart- ment’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 ef- fect; (D) when required by court order; (E) when such information is used by State, Council, or Marine Fisheries Commission em- ployees 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 chapter; (G) when such information is required to be submitted to the Secretary for any determina- tion under a limited access program; (H) in support of homeland and national se- curity activities, including the Coast Guard’s homeland security missions as defined in sec- tion 468(a)(2) of title 6; or (I) to Federal agencies, to the extent nec- essary and appropriate, to administer Federal programs established to combat illegal, unre- ported, or unregulated fishing or forced labor (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022), which shall not include an authoriza- tion for such agencies to release data to the public unless such release is related to en- forcement. (2) Any observer information shall be con- fidential and shall not be disclosed, except in ac- cordance with the requirements of subpara- graphs (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 infor- mation identified by vessel or for haul-specific bycatch information without vessel identifica- tion; (B) when such information is necessary in proceedings to adjudicate observer certifi- cations; or (C) as authorized by any regulations issued under paragraph (3) allowing the collection of Page 2126 TITLE 16—CONSERVATION § 1881a observer information, pursuant to a confiden- tiality agreement between the observers, ob- server employers, and the Secretary prohib- iting disclosure of the information by the ob- servers or observer employers, in order— (i) to allow the sharing of observer infor- mation among observers and between ob- servers and observer employers as necessary to train and prepare observers for deploy- ments on specific vessels; or (ii) to validate the accuracy of the ob- server information collected. (3) The Secretary shall, by regulation, pre- scribe such procedures as may be necessary to preserve the confidentiality of information sub- mitted 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 sub- mits such information. Nothing in this sub- section shall be interpreted or construed to pre- vent the use for conservation and management purposes by the Secretary, or with the approval of the Secretary, the Council, of any informa- tion submitted in compliance with any require- ment or regulation under this chapter or the use, release, or publication of bycatch informa- tion pursuant to paragraph (2)(A). (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 col- lected by voluntary fishery data collectors, in- cluding 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 submis- sion of a Federal or State income tax return or statement as a prerequisite for issuance of a per- mit until such time as the Secretary has pro- mulgated regulations to ensure the confiden- tiality of information contained in such return or statement, to limit the information sub- mitted to that necessary to achieve a dem- onstrated conservation and management pur- pose, 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 Com- mission for the purpose of carrying out informa- tion collection or other programs if— (1) the recipient of such a grant, contract, or other financial assistance is specified by stat- ute to be, or has customarily been, such State, Council, or Marine Fisheries Commission; or (2) the Secretary has entered into a coopera- tive 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 nec- essary to survey the fishery resources of the United States when the arrangement will yield statistically reliable results. (2) The Secretary, in consultation with the ap- propriate Council and the fishing industry— (A) may structure competitive solicitations under paragraph (1) so as to compensate a con- tractor for a fishery resources survey by al- lowing 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 ex- pected to be adequately compensatory, may structure those solicitations so as to provide that compensation by permitting the con- tractor 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 his- tory under a fishery management plan if such survey was conducted in a manner that pre- cluded a vessel’s participation in a fishery that counted under the plan for purposes of de- termining 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, § 402, as added Pub. L. 104–297, title II, § 203, Oct. 11, 1996, 110 Stat. 3607; amended Pub. L. 109–479, § 3(d)(1)(A), title II, §§ 202, 203(a), Jan. 12, 2007, 120 Stat. 3578, 3612, 3613; Pub. L. 117–263, div. K, title CXIII, § 11333, Dec. 23, 2022, 136 Stat. 4100.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1), (3) and (c)(1), was in the original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnu- son-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. Section 11329 of the Don Young Coast Guard Author- ization Act of 2022, referred to in subsec. (b)(1)(I), is sec- tion 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title. The Marine Mammal Protection Act of 1972, referred to in subsec. (c)(1), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 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, which is classified generally to chapter 35 (§ 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. AMENDMENTS 2022—Subsec. (b)(1)(I). Pub. L. 117–263 added subpar. (I). Page 2127 TITLE 16—CONSERVATION § 1881c 2007—Subsec. (a). Pub. L. 109–479, § 202, substituted ‘‘Collection programs’’ for ‘‘Council requests’’ in head- ing, designated existing provisions as par. (1), inserted heading, realigned margins, in first sentence, struck out ‘‘(other than information that would disclose pro- prietary or confidential commercial or financial infor- mation regarding fishing operations or fish processing operations)’’ after ‘‘additional information’’ and ‘‘types of information’’, in last sentence, substituted ‘‘para- graph’’ for ‘‘subsection’’, and added par. (2). Subsec. (b). Pub. L. 109–479, § 203(a)(1), (2), added pars. (1) and (2), redesignated former par. (2) as (3) and re- aligned margins, and struck out former par. (1) which related to confidentiality of information submitted to the Secretary and exceptions. Subsec. (b)(1)(D). Pub. L. 109–479, § 3(d)(1)(A), sub- stituted ‘‘a limited access privilege’’ for ‘‘an individual fishing quota’’. Subsec. (b)(3). Pub. L. 109–479, § 203(a)(3), substituted ‘‘(2)(A).’’ for ‘‘(1)(E).’’ § 1881b. Observers (a) Guidelines for carrying observers Within one year after October 11, 1996, the Sec- retary shall promulgate regulations, after no- tice and opportunity for public comment, for fishing vessels that carry observers. The regula- tions shall include guidelines for determining— (1) when a vessel is not required to carry an observer on board because the facilities of such vessel for the quartering of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; and (2) actions which vessel owners or operators may reasonably be required to take to render such facilities adequate and safe. (b) Training The Secretary, in cooperation with the appro- priate States and the National Sea Grant Col- lege Program, shall— (1) establish programs to ensure that each observer receives adequate training in col- lecting and analyzing the information nec- essary for the conservation and management purposes of the fishery to which such observer is assigned; (2) require that an observer demonstrate competence in fisheries science and statistical analysis at a level sufficient to enable such person to fulfill the responsibilities of the po- sition; (3) ensure that an observer has received ade- quate training in basic vessel safety; (4) ensure that each observer has received training to identify indicators of forced labor and human trafficking (as such terms are de- fined in section 11329 of the Don Young Coast Guard Authorization Act of 2022) and refer this information to appropriate authorities; and (5) make use of university and any appro- priate private nonprofit organization training facilities and resources, where possible, in car- rying out this subsection. (c) Observer status An observer on a vessel and under contract to carry out responsibilities under this chapter or the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall be deemed to be a Fed- eral employee for the purpose of compensation under the Federal Employee Compensation Act (5 U.S.C. 8101 et seq.). (Pub. L. 94–265, title IV, § 403, as added Pub. L. 104–297, title II, § 204, Oct. 11, 1996, 110 Stat. 3609; amended Pub. L. 117–263, div. K, title CXIII, § 11340, Dec. 23, 2022, 136 Stat. 4105.) Editorial Notes REFERENCES IN TEXT Section 11329 of the Don Young Coast Guard Author- ization Act of 2022, referred to in subsec. (b)(4), is sec- tion 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title. This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fish- ery Conservation and Management Act, which is classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. The Marine Mammal Protection Act of 1972, referred to in subsec. (c), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1361 of this title and Tables. The Federal Employee Compensation Act, referred to in subsec. (c), is act Sept. 7, 1916, ch. 458, 39 Stat. 742, which was repealed and the provisions thereof were re- enacted as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. PRIOR PROVISIONS A prior section 403 of Pub. L. 94–265 amended sections 1972 and 1973 of Title 22, Foreign Relations and Inter- course, and enacted provisions formerly set out as notes under sections 1972 and 1973 of Title 22, prior to being amended generally by Pub. L. 104–297. AMENDMENTS 2022—Subsec. (b)(4), (5). Pub. L. 117–263 added par. (4) and redesignated former par. (4) as (5). § 1881c. Fisheries research (a) In general The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and fur- ther the purposes, policy, and provisions of this chapter. Such program shall be designed to ac- quire knowledge and information, including sta- tistics, on fishery conservation and management and on the economics and social characteristics of the fisheries. (b) Strategic plan Within one year after October 11, 1996, and at least every 3 years thereafter, the Secretary shall develop and publish in the Federal Reg- ister a strategic plan for fisheries research for the 5 years immediately following such publica- tion. The plan shall— (1) identify and describe a comprehensive program with a limited number of priority ob- jectives for research in each of the areas speci- fied in subsection (c); (2) indicate goals and timetables for the pro- gram described in paragraph (1); (3) provide a role for commercial fishermen in such research, including involvement in field testing; (4) provide for collection and dissemination, in a timely manner, of complete and accurate