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Title 16 — Conservation

Chapter 16C — South Pacific Tuna Fishing

§ 973j. Disclosure of information

Statutory text

(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; 1

(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.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. South Pacific Tuna Act of 1988

    Pub. L. 100–330 § 12 · 102 Stat. 591

    Enacted · 16 U.S.C. § 973j

    Pub. L. 100–330, § 12, June 7, 1988, 102 Stat. 599

    Source evidence

    Code source credit
    Pub. L. 100–330, § 12, June 7, 1988, 102 Stat. 599

    Enacted provision · exact public law section
    SEC. 12. REPORTING. (a) Holders of licenses shall comply with the reporting requirements of part 4 of Annex I to the Treaty. (b) Information provided by license holders in Schedules 5 and 6 of Annex I of the Treaty shall be provided to the Secretary for transmittal to the Administrator and to an entity designated by the license holder. Such information thereafter shall not be released Classified information. and shall be maintained as confidential by the Secretary, including information requested under the Freedom of Information Act, unless disclosure is required under court order or unless the information is essential for an enforcement action under section 5, 10(b), 10(c), or 11 of this Act, or any other proper law enforcement action.

  2. Pub. L. 119–60 div. H title LXXXIV § 8420 · 139 Stat. 1917

    Amended · 16 U.S.C. § 973j

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

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

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

1 of 2 references resolved to an enrolled provision · 1 unresolved

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), , 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.

Credits

1988–2025 · 2 acts
  1. 1988Pub. L. 100–330, § 12, , 102 Stat. 599
  2. 2025Pub. L. 119–60, div. H, title LXXXIV, § 8420, , 139 Stat. 1917.
Show as published

(Pub. L. 100–330, § 12, , 102 Stat. 599; Pub. L. 119–60, div. H, title LXXXIV, § 8420, , 139 Stat. 1917.)

Parsed from the official OLRC USLM XML in data/usc_all/usc16.xml · release point 119-108 · OLRC build 2026-07-16

USLM identifier /us/usc/t16/s973j