Page:United States Statutes at Large Volume 102 Part 5.djvu/755

 PUBLIC LAW 100-711—NOV. 23, 1988

102 STAT. 4761

"(B) if the Secretary determines after notice and opportunity for public comment that the purposes of this section would be better served by such action. "(h) The Secretary shall design and implement an information management system capable of processing and analyzing reports r e c e i i ^ from the programs established under subsections (c), (d), (e), and (f), and other relevant sources, including Federal and State enforcement authorities, marine mammal stranding networks, and the marine mammal researchers. The information shall be made accessible to the public on a continuing basis, but in any case no later than six months after it is received, subject to the provisions of subsection (j). "(i) When carrying out the Secretary's responsibilities under subsections (b), (d), (e), (f), and (h) of this section, the Secretary shall, to the maximum extent practicable, utilize the services and programs of State agencies. Federal agencies (including programs established by R ^ o n a l Fishery Management Councils), marine fisheries commissions, universities, and private entities, on a reimbursable basis or otherwise. The Secretary is authorized to enter into contracts and agreements to carry out his or her responsibilities and shall establi^ appropriate guidelines to ensure that other programs used or contracted for will meet the same standards as a program established by the Secretary. A person contracting with the Secretary to provide observer services under subsection (e) of this section must provide evidence of financial responsibility in an amount and form prescribed by the Secretary to compensate employees (or their survivors) adequately for any illness, disability, injury, or death from service on a vessel. "(j)(l) Any information collected under subsection (c), (d), (e), (f), or (h) of this section shall be confidential and shall not be disclosed except— "(A) to Federal employees whose duties require access to such information; "(B) to State employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business of any person; "(CJ) when required by court order; or "(D) in the case of scientific information involving fisheries, to employees of R ^ o n a l Fishery Management Councils who are responsible for fishery management plan development and monitoring. "(2) The Secretary shall prescribe such procedures as may be necessary to preserve such confidentiality, except that the Secretary shall release or make public any such information in aggr^ate, summary, or other form which does not directly or indirectly disclose the identity or business of any person. "(k) The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected, shall prescribe such r^ulations as necessary and appropriate to carry out the purposes of this section. "GXD The Chairman of the Marine Mammal Commission shall, after consultation with interested parties and not later than February 1, 1990, transmit to the Secretary and make available to the public reconmiended guidelines to govern the incidental taking of marine mammals in the course of commercial fishing operations, otiier than those subject to section 104(h)(2), after Gk;tober 1, 1993.

Public information.

Contracts.

Classified information.

Public information.

Regulations.

Public information.

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