§973j — Title 16 Conservation | U.S. Code

Summary

Under section 552(b)(3) of title 5, the Secretary must keep certain information secret and not share it. There are three kinds: information the Administrator labels confidential, information gathered by observers, and information people send to the Secretary because this chapter requires it. The Secretary may share that information in seven situations: if a court orders it; if a federal employee needs it for enforcement or for Coast Guard missions (as defined in section 468 of title 6); if a federal employee or a Fishery Management Council employee needs it to run the Treaty or manage and monitor fisheries; to the Administrator under the Treaty and this chapter; to an international fisheries organization’s secretariat under its rules and, when possible, under an agreement that protects submitters’ identities; if the person who gave the information signs written permission and no other chapter rule is broken; or when the Secretary provides only aggregated or summary data that does not identify anyone. Congress, including any committee or Member, still has the authority to obtain records or information, and the lack of a similar sentence elsewhere does not limit the House or Senate from doing so.

Title 16, §973j

Conservation — Source: USLM XML via OLRC

(a)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)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; 11 See References in Text note below.

(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)(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