16 U.S.C. § 973j: Disclosure of information

Summary

The Secretary must keep certain information secret and not share it. This covers three kinds of data: material the Administrator marks confidential, information collected by observers, and any information people send in because the law requires it. The Secretary can share that information in limited cases. It can be released if a court orders it; to federal workers for enforcement or Coast Guard missions; to federal or Fishery Management Council staff for Treaty or fishery management work; to the Administrator; to international fishery groups under their rules (with steps to protect submitters’ identities); if the person gives written permission; or as a summary that does not identify anyone. Congress and its members still have the authority to get records.

Title 16, §973j

Conservation, Source: USLM XML via OLRC

(a)Prohibited disclosure of certain information

Pursuant to section 552(b)(3) of title 5, except as provided in subsection (b), the Secretary shall keep confidential and may not disclose the following information:

(1)Information provided to the Secretary by the Administrator that the Administrator has designated confidential.

(2)Information collected by observers.

(3)Information submitted to the Secretary by any person in compliance with the requirements of this chapter.

(b)Authorized disclosure of certain information

The Secretary may disclose information described in subsection (a)—

(1)if disclosure is ordered by a court;

(2)if the information is used by a Federal employee—

(A)for enforcement; or

(B)in support of the homeland security missions and non-homeland security missions of the Coast Guard as defined in section 468 of title 6;

(3)if the information is used by a Federal employee or an employee of a Fishery Management Council for the administration of the Treaty or fishery management and monitoring;

(4)to the Administrator, in accordance with the requirements of the Treaty and this chapter;

(5)to the secretariat or equivalent of an international fisheries management organization of which the United States is a member, in accordance with the requirements or decisions of such organization, and insofar as possible, in accordance with an agreement that prevents public disclosure of the identity of any person that submits such information;

(6)if the Secretary has obtained written authorization from the person providing such information, and disclosure does not violate other requirements of this chapter; or

(7)in an aggregate or summary form that does not directly or indirectly disclose the identity of any person that submits such information.

(c)Savings clause

(1)Nothing in this section shall be construed to adversely affect the authority of Congress, including a Committee or Member thereof, to obtain any record or information.

(2)The absence of a provision similar to paragraph (1) in any other provision of law shall not be construed to limit the ability of the Senate or the House of Representatives, including a Committee or Member thereof, to obtain any record or information.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 468 of title 6, referred to in subsec. (b)(2)(B), was amended by Pub. L. 119–60, div. G, title LXXII, § 7201(j)(2), Dec. 18, 2025, 139 Stat. 1686, by transferring subsec. (a) of that section defining “non-homeland security missions” and “homeland security missions” to section 102(a) of Title 14, Coast Guard.

Amendments

2025—Pub. L. 119–60 amended section generally. Prior to amendment, section related to reporting requirements and the disclosure of information.

§973j Disclosure of Information