Page:United States Statutes at Large Volume 110 Part 5.djvu/533

 PUBLIC LAW 104-297—OCT. 11, 1996 110 STAT. 3607 "(3) recommendations for any such additional legislation as the Secretary considers necessary or desirable to implement the proposed system. "(g) REPORT TO CONGRESS. —Within 15 months after the date of enactment of the Sustainable Fisheries Act, the Secretary shall report to Congress on the need to include recreational fishing vessels into a national fishing vessel registration and information collection system. In preparing its report, the Secretary shall cooperate with the Secretary of the department in which the Coast Guard is operating, the States, the Councils, and Marine Fisheries Commissions, and consult with governmental and nongovernmental parties.". SEC. 203. INFORMATION COLLECTION. Section 402 is amended to read as follows: "SEC. 402. 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 reggirding 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 profram within 60 days after such determination is made. If the ecretary 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 Act shall be confidential and shall not be disclosed, except— "(A) to Federal employees and Council employees who Eire 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 16 USC 1881a. Regulations.

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