Page:United States Statutes at Large Volume 108 Part 1.djvu/577

 PUBLIC LAW 103-238—APR. 30, 1994 108 STAT. 551 "(8) Any proprietary information collected under this subsection Classified shall be confidential and shall not be disclosed except— information. "(A) to Federal employees whose duties require access to such information; "(B) to State or tribal 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; or "(D) in the case of scientific information involving fisheries, to employees of Regional Fishery Management Councils who are responsible for fishery msuiagement plan development and monitoring. "(9) The Secretary shall prescribe such procedures as may be necessary to preserve such confidentiality, except that the Secretary shall release or make public upon request any such information in aggregate, summary, or other form which does not directly or indirectly disclose the identity or business of any person. "(e) REPORTING REQUIREMENT.— The owner or operator of a commercial fishing vessel subject to this Act shall report all incidental mortality and injury of marine mammals in the course of commercial fishing operations to the Secretary by mail or other means acceptable to the Secretary within 48 hours after the end of each fishing trip on a standard postage-paid form to be developed by the Secretary under this section. Such form shall be capable of being readily entered into and usable by an automated or computerized data processing system and shall require the vessel owner or operator to provide the following: "(1) The vessel name, andf Federal, State, or tribal registration numbers of the registered vessel. "(2) The name and address of the vessel owner or operator. "(3) The name and description of the fishery. "(4) The species of each marine mammal incidentally killed or injured, and the date, time, and approximate geographic location of such occurrence. "(f) TAKE REDUCTION PLANS.— (1) The Secretary shall develop and implement a take reduction plan designed to assist in the recovery or prevent the depletion of each strategic stock which interacts with a commercial fishery listed under subsection (c)(1)(A) (i) or (ii), and may develop and implement such a plan for any other marine mammal stocks which interact with a commercial fishery listed under subsection (c)(l)(A)(i) which the Secretary determines, after notice and opportunity for public comment, has a high level of mortgdity and serious injury across a number of such marine mammal stocks. "(2) The immediate goal of a take reduction plan for a strategic stock shall be to reduce, within 6 months of its implementation, the incidental mortality or serious injury of marine mammals incidentally taken in the course of commercial fishing operations to levels less than the potential biological removal level established for that stock under section 117. The long-term goal of the plan shall be to reduce, within 5 years of its implementation, the incidental mortality or serious injury of marine mammals incidentally taken in the course of commercial fishing operations to insignificant levels approaching a zero mortality and serious injury rate, taking into account the economics of the fishery, the availability of existing technology, and existing State or regional fishery management plans. 79-194 O—95—19: QL 3 Parti

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