§ 600.410 Protection of confidential information.

(a) General. This section requires control procedures related to confidential information and provides procedures for the protection of certain confidential information submitted to NMFS and State fishery management agencies or marine fisheries commissions pursuant to a statutory or regulatory requirement imposed pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). (b) Confidential information collected by NMFS. NMFS must establish internal control procedures for the maintenance of and access to any confidential information. The control procedures should include, but are not limited to, the following: (1) Requirements for information system management and data storage to prevent unauthorized access to or disclosure of confidential information; (2) Procedures for NMFS employees to access confidential information; (3) Procedures for providing access to confidential information by states, Councils, and Marine Fisheries Commissions; (4) Procedures for evaluating whether members of a Council, or a Council Scientific and Statistical Committee (SSC), plan team, or Advisory Panel (AP) could gain personal or competitive advantage from access to confidential information under § 600.415(d); (5) Procedures for evaluating requests by contractors, grantees, cooperative agreement recipients and other external individuals and organizations to access confidential information; (6) Procedures for vessel owners to access and request confidential information, including historic information associated with a fishing permit; 7) Standardized sharing agreements that acknowledge the confidentiality and protection of information from public disclosure; (8) Template for written authorization for release of confidential information for purposes of § 600.420(f); (9) Procedures for aggregating and summarizing confidential data and responding to requests for non-confidential information; (10) Any other procedures as necessary to maintain the confidentiality of information. (c) Confidential information collected by State Fishery Management Agencies or Marine Fisheries Commissions. NMFS may enter into an agreement with a state or a Marine Fisheries Commission for the collection of confidential information on behalf of the Secretary provided that NMFS, as part of the agreement, determines that: (1) The state has confidentiality of information authority comparable to the Magnuson-Stevens Act and that the state will exercise this authority to prohibit public disclosure of confidential information; (2) The marine fisheries commission has established policies and procedures comparable to the Magnuson-Stevens Act and that the Commission will exercise such policies and procedures to prohibit public disclosure of confidential information. (d) Observer and Electronic Monitoring Services. (1) Observer providers. NMFS may allow the collection of observer information by an observer pursuant to a confidentiality agreement that: (i) Specifies procedures that the observer provider will apply to protect confidential information from public disclosure; and (ii) Requires that the observer provider, each observer, and each of its other employees that will handle confidential information acknowledge the requirement to maintain the confidentiality of observer information and the civil penalties for unauthorized use or disclosure of such information provided under 16 U.S.C. 1858. (2) Electronic monitoring service providers. NMFS may allow the handling of observer information by an electronic service provider pursuant to a confidentiality agreement that: (i) Specifies procedures that the electronic monitoring service provider will apply to protect confidential information from public disclosure; and (ii) Requires that the electronic monitoring service provider, and each of its employees who will handle confidential information, acknowledge the requirement to maintain the confidentiality of observer information and the civil penalties for unauthorized use or disclosure of such information provided under 16 U.S.C. 1858. (3) As part of any agreement with an observer provider under paragraph (d)(1) of this section, NMFS may allow the sharing of observer information among and between observers and observer providers for: (i) Training or preparation of observers for deployments on specific vessels; or (ii) Validating the accuracy of the observer information collected.