Sec. 109. Data collection and data confidentiality
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/bill/113/hr/4742/rh/section-109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall issue regulations governing the use of electronic monitoring for the purposes of monitoring fisheries that are subject to the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ). The regulations shall— distinguish between monitoring for data collection and research purposes and monitoring for compliance and enforcement purposes; and include minimum criteria, objectives, or performance standards for electronic monitoring. In issuing the regulations the Secretary shall— consult with the Councils and fishery management commissions; publish the proposed regulations; and provide an opportunity for the submission by the public of comments on the proposed regulations.
Subject to subparagraph (B), and after the issuance of the final regulations, a Council, or the Secretary for fisheries referred to in section 302(a)(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(3)), may, in accordance with the regulations, on a fishery-by-fishery basis and consistent with the existing objectives and management goals of a fishery management plan and the Act for a fishery issued by the Council or the Secretary, respectively, amend such plan— to incorporate electronic monitoring as an alternative tool for data collection and monitoring purposes or for compliance and enforcement purposes (or both); and to allow for the replacement of a percentage of on-board observers with electronic monitoring.
Subparagraph
(A)shall apply to a fishery only if the Council or Secretary, respectively, determines that such monitoring will yield comparable data collection and compliance results. Before the issuance of final regulations, a Council, or the Secretary for fisheries referred to in section 302(a)(3), may, subject to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act, on a fishery-by-fishery basis, and consistent with the existing objectives and management goals of a fishery management plan for a fishery issued by the Council or the Secretary, respectively, conduct a pilot project for the use of electronic monitoring for the fishery. The Secretary shall issue final regulations under this subsection by not later than 12 months after the date of enactment of this Act. The Secretary shall work with the Regional Fishery Management Councils and nongovernmental entities to develop and implement the use pursuant to the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) of video survey technologies and expanded use of acoustic survey technologies. Section 402(b) ( 16 U.S.C. 1881a(b) ) is amended— in paragraph (1)— by amending subparagraph
(B)to read as follows: to State or Marine Fisheries Commission employees as necessary for achievement of the purposes of this Act, subject to a confidentiality agreement between the State or Commission, respectively, and the Secretary that prohibits public disclosure of the identity of any person and of confidential information; ; in subparagraph (E), by striking limited access and inserting catch share ; and in subparagraph (G), by striking limited access and inserting catch share ; in paragraph (2)— in the matter preceding subparagraph (A), by inserting , and information obtained through a vessel monitoring system or other technology used onboard a fishing vessel for enforcement or data collection purposes, after information ; by striking or after the semicolon at the end of subparagraph (B); and by striking subparagraph
(C)and inserting the following: as authorized by any regulations issued under paragraph
(6)allowing the collection of observer information, pursuant to a confidentiality agreement between the observers, observer employers, and the Secretary prohibiting disclosure of the information by the observers or observer employers, in order— to allow the sharing of observer information among observers and between observers and observer employers as necessary to train and prepare observers for deployments on specific vessels; or to validate the accuracy of the observer information collected; or to other persons if the Secretary has obtained written authorization from the person who submitted such information or from the person on whose vessel the information was collected, to release such information for reasons not otherwise provided for in this subsection. ; by redesignating paragraph
(3)as paragraph (6); and by inserting after paragraph
(2)the following: Any information submitted to the Secretary, a State fisheries management agency, or a Marine Fisheries Commission by any person in compliance with the requirements of this Act, including confidential information, may only be used for purposes of fisheries management and monitoring and enforcement under this Act. The Secretary may enter into a memorandum of understanding with the heads of other Federal agencies for the sharing of confidential information to ensure safety of life at sea or for fisheries enforcement purposes, including information obtained through a vessel monitoring system or other electronic enforcement and monitoring systems, if— the Secretary determines there is a compelling need to do so; and the heads of the other Federal agencies agree— to maintain the confidentiality of the information in accordance with the requirements that apply to the Secretary under this section; and to use the information only for the purposes for which it was shared with the agencies. The Secretary may not provide any vessel-specific or aggregate vessel information from a fishery that is collected for monitoring and enforcement purposes to any person for the purposes of coastal and marine spatial planning under Executive Order 13547, unless the Secretary determines that providing such information is important for maintaining or enhancing national security or for ensuring fishermen continued access to fishing grounds. . Section 3 ( 16 U.S.C. 1802 ) is further amended by inserting after paragraph
(4)the following: The term confidential information means— trade secrets; proprietary information; observer information; and commercial or financial information the disclosure of which is likely to result in harm to the competitive position of the person that submitted the information to the Secretary. . Section 404 ( 16 U.S.C. 1881c ) is amended by adding at the end the following: The Secretary, subject to appropriations, may obligate for data collection purposes in accordance with prioritizations under paragraph
(3)a portion of amounts received by the United States as fisheries enforcement penalties. Amounts may be obligated under this paragraph only in the fishery management region with respect to which they are collected. The purposes referred to in paragraph
(1)include— the use of State personnel and resources, including fishery survey vessels owned and maintained by States to survey or assess data-poor fisheries for which fishery management plans are in effect under this Act; and cooperative research activities authorized under section 318 to improve or enhance the fishery independent data used in fishery stock assessments. Each Council shall— identify those fisheries in its region considered to be data-poor fisheries; prioritize those fisheries based on the need of each fishery for up-to-date information; and provide those priorities to the Secretary. In this subsection: The term data-poor fishery means a fishery— that has not been surveyed in the preceding 5-year period; for which a fishery stock assessment has not been performed within the preceding 5-year period; or for which limited information on the status of the fishery is available for management purposes. The term fisheries enforcement penalties means any fine or penalty imposed, or proceeds of any property seized, for a violation of this Act or of any other marine resource law enforced by the Secretary. There is authorized to be appropriated to the Secretary for each fiscal year to carry out this subsection up to 80 percent of the fisheries enforcement penalties collected during the preceding fiscal year. .
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Sec. 109
Data collection and data confidentiality
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