---
kind: "section"
citation: "16 U.S.C. § 1881a"
title: "16"
title_heading: "Conservation"
number: "1881a"
heading: "Information collection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1881a"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter V — Fishery Monitoring and Research"
---

# §1881a. Information collection

- (a) **Collection programs—**
  - (1) **Council requests—** If a [Council](/usc/16/1802.md?p=8) determines that additional information would be beneficial for developing, implementing, or revising a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) or for determining whether a [fishery](/usc/16/1802.md?p=13) is in need of management, the [Council](/usc/16/1802.md?p=8) may request that the [Secretary](/usc/16/1802.md?p=39) implement an information collection program for the [fishery](/usc/16/1802.md?p=13) which would provide the types of information specified by the [Council](/usc/16/1802.md?p=8). The [Secretary](/usc/16/1802.md?p=39) shall undertake such an information collection program if he determines that the need is justified, and shall promulgate regulations to implement the program within 60 days after such determination is made. If the [Secretary](/usc/16/1802.md?p=39) determines that the need for an information collection program is not justified, the [Secretary](/usc/16/1802.md?p=39) shall inform the [Council](/usc/16/1802.md?p=8) of the reasons for such determination in writing. The determinations of the [Secretary](/usc/16/1802.md?p=39) under this paragraph regarding a [Council](/usc/16/1802.md?p=8) request shall be made within a reasonable period of time after receipt of that request.
  - (2) **Secretarial initiation—** If the [Secretary](/usc/16/1802.md?p=39) determines that additional information is necessary for developing, implementing, revising, or monitoring a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), or for determining whether a [fishery](/usc/16/1802.md?p=13) is in need of management, the [Secretary](/usc/16/1802.md?p=39) may, by regulation, implement an information collection or [observer](/usc/16/1802.md?p=31) program requiring submission of such additional information for the [fishery](/usc/16/1802.md?p=13).
- (b) **Confidentiality of information—**
  - (1) Any information submitted to the [Secretary](/usc/16/1802.md?p=39), a [State](/usc/16/1802.md?p=40) [fishery](/usc/16/1802.md?p=13) management agency, or a [marine fisheries commission](/usc/16/1802.md?p=28) by any [person](/usc/16/1802.md?p=36) in compliance with the requirements of this chapter shall be confidential and shall not be disclosed except—
    - (A) to Federal employees and [Council](/usc/16/1802.md?p=8) employees who are responsible for [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) development, monitoring, or enforcement;
    - (B) to [State](/usc/16/1802.md?p=40) or [Marine Fisheries Commission](/usc/16/1802.md?p=28) employees as necessary to further the Department’s mission, subject to a confidentiality agreement that prohibits public disclosure of the identity of business of any [person](/usc/16/1802.md?p=36);
    - (C) to [State](/usc/16/1802.md?p=40) employees who are responsible for [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) enforcement, if the [States](/usc/16/544.md?p=r) employing those employees have entered into a [fishery](/usc/16/1802.md?p=13) enforcement agreement with the [Secretary](/usc/16/1802.md?p=39) and the agreement is in effect;
    - (D) when required by court order;
    - (E) when such information is used by [State](/usc/16/1802.md?p=40), [Council](/usc/16/1802.md?p=8), or [Marine Fisheries Commission](/usc/16/1802.md?p=28) employees to verify catch under a limited access program, but only to the extent that such use is consistent with [subparagraph (B)](#b-1-B);
    - (F) when the [Secretary](/usc/16/1802.md?p=39) has obtained written authorization from the [person](/usc/16/1802.md?p=36) submitting such information to release such information to [persons](/usc/16/1802.md?p=36) for reasons not otherwise provided for in this subsection, and such release does not violate other requirements of this chapter;
    - (G) when such information is required to be submitted to the [Secretary](/usc/16/1802.md?p=39) for any determination under a limited access program;
    - (H) in support of homeland and national security activities, including the Coast Guard’s homeland security missions as defined in [section 468(a)(2) of title 6](/usc/6/468.md); or
    - (I) to Federal agencies, to the extent necessary and appropriate, to administer Federal programs established to combat illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) or forced labor (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022), which shall not include an authorization for such agencies to release data to the public unless such release is related to enforcement.
  - (2) Any [observer information](/usc/16/1802.md?p=32) shall be confidential and shall not be disclosed, except in accordance with the requirements of subparagraphs [(A)](#b-1-A) through [(H)](#b-1-H) of paragraph (1), or—
    - (A) as authorized by a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) or regulations under the authority of the North Pacific [Council](/usc/16/1802.md?p=8) to allow disclosure to the public of weekly summary [bycatch](/usc/16/1802.md?p=2) information identified by vessel or for haul-specific [bycatch](/usc/16/1802.md?p=2) information without vessel identification;
    - (B) when such information is necessary in proceedings to adjudicate [observer](/usc/16/1802.md?p=31) certifications; or
    - (C) as authorized by any regulations issued under [paragraph (3)](#b-3) allowing the collection of [observer information](/usc/16/1802.md?p=32), pursuant to a confidentiality agreement between the [observers](/usc/16/1802.md?p=31), [observer](/usc/16/1802.md?p=31) employers, and the [Secretary](/usc/16/1802.md?p=39) prohibiting disclosure of the information by the [observers](/usc/16/1802.md?p=31) or [observer](/usc/16/1802.md?p=31) employers, in order—
      - (i) to allow the sharing of [observer information](/usc/16/1802.md?p=32) among [observers](/usc/16/1802.md?p=31) and between [observers](/usc/16/1802.md?p=31) and [observer](/usc/16/1802.md?p=31) employers as necessary to train and prepare [observers](/usc/16/1802.md?p=31) for deployments on specific vessels; or
      - (ii) to validate the accuracy of the [observer information](/usc/16/1802.md?p=32) collected.
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall, by regulation, prescribe such procedures as may be necessary to [preserve](/usc/16/698u–1.md?p=2) the confidentiality of information submitted in compliance with any requirement or regulation under this chapter, except that the [Secretary](/usc/16/1802.md?p=39) may release or make public any such information in any aggregate or summary form which does not directly or indirectly disclose the identity or business of any [person](/usc/16/1802.md?p=36) who submits such information. Nothing in this subsection shall be interpreted or construed to prevent the use for [conservation and management](/usc/16/1802.md?p=5) purposes by the [Secretary](/usc/16/1802.md?p=39), or with the approval of the [Secretary](/usc/16/1802.md?p=39), the [Council](/usc/16/1802.md?p=8), of any information submitted in compliance with any requirement or regulation under this chapter or the use, release, or publication of [bycatch](/usc/16/1802.md?p=2) information pursuant to [paragraph (2)(A)](#b-2-A).
- (c) **Restriction on use of certain information—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) shall promulgate regulations to restrict the use, in civil enforcement or criminal proceedings under this chapter, the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](/usc/16/1361.md) et seq.), and the Endangered Species Act ([16 U.S.C. 1531](/usc/16/1531.md) et seq.), of information collected by voluntary [fishery](/usc/16/1802.md?p=13) data collectors, including sea samplers, while aboard any vessel for [conservation and management](/usc/16/1802.md?p=5) purposes if the presence of such a [fishery](/usc/16/1802.md?p=13) data collector aboard is not required by any of such chapter or Acts or regulations thereunder.
  - (2) The [Secretary](/usc/16/1802.md?p=39) may not require the submission of a Federal or [State](/usc/16/1802.md?p=40) income tax return or statement as a prerequisite for issuance of a permit until such time as the [Secretary](/usc/16/1802.md?p=39) has promulgated regulations to ensure the confidentiality of information contained in such return or statement, to limit the information submitted to that necessary to achieve a demonstrated [conservation and management](/usc/16/1802.md?p=5) purpose, and to provide appropriate penalties for [violation](/usc/16/620e.md?p=11) of such regulations.
- (d) **Contracting authority—** Notwithstanding any other provision of law, the [Secretary](/usc/16/1802.md?p=39) may provide a grant, contract, or other financial assistance on a sole-source basis to a [State](/usc/16/1802.md?p=40), [Council](/usc/16/1802.md?p=8), or [Marine Fisheries Commission](/usc/16/1802.md?p=28) for the purpose of carrying out information collection or other programs if—
  - (1) the recipient of such a grant, contract, or other financial assistance is specified by statute to be, or has customarily been, such [State](/usc/16/1802.md?p=40), [Council](/usc/16/1802.md?p=8), or [Marine Fisheries Commission](/usc/16/1802.md?p=28); or
  - (2) the [Secretary](/usc/16/1802.md?p=39) has entered into a cooperative agreement with such [State](/usc/16/1802.md?p=40), [Council](/usc/16/1802.md?p=8), or [Marine Fisheries Commission](/usc/16/1802.md?p=28).
- (e) **Resource assessments—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) may use the private sector to provide vessels, equipment, and services necessary to survey the [fishery resources](/usc/16/1802.md?p=15) of the [United States](/usc/16/1802.md?p=45) when the arrangement will yield statistically reliable results.
  - (2) The [Secretary](/usc/16/1802.md?p=39), in consultation with the appropriate [Council](/usc/16/1802.md?p=8) and the [fishing](/usc/16/1802.md?p=16) industry—
    - (A) may structure competitive solicitations under [paragraph (1)](#e-1) so as to compensate a contractor for a [fishery resources](/usc/16/1802.md?p=15) survey by allowing the contractor to retain for sale [fish](/usc/16/1802.md?p=12) harvested during the survey voyage;
    - (B) in the case of a survey during which the quantity or quality of [fish](/usc/16/1802.md?p=12) harvested is not expected to be adequately compensatory, may structure those solicitations so as to provide that compensation by permitting the contractor to harvest on a subsequent voyage and retain for sale a portion of the allowable catch of the surveyed [fishery](/usc/16/1802.md?p=13); and
    - (C) may permit [fish](/usc/16/1802.md?p=12) harvested during such survey to count toward a vessel’s catch history under a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) if such survey was conducted in a manner that precluded a vessel’s participation in a [fishery](/usc/16/1802.md?p=13) that counted under the plan for purposes of determining catch history.
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall undertake efforts to expand annual [fishery resource](/usc/16/1802.md?p=15) assessments in all regions of the Nation.

## Source credit

(Pub. L. 94–265, title IV, § 402, as added Pub. L. 104–297, title II, § 203, Oct. 11, 1996, 110 Stat. 3607; amended Pub. L. 109–479, § 3(d)(1)(A), title II, §§ 202, 203(a), Jan. 12, 2007, 120 Stat. 3578, 3612, 3613; Pub. L. 117–263, div. K, title CXIII, § 11333, Dec. 23, 2022, 136 Stat. 4100.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (b)(1), (3) and (c)(1), was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Section 11329 of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (b)(1)(I), is section 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title.

The Marine Mammal Protection Act of 1972, referred to in subsec. (c)(1), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables.

The Endangered Species Act, referred to in subsec. (c)(1), probably means the Endangered Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

### Prior Provisions

A prior section 402 of Pub. L. 94–265 repealed former sections 1081 to 1086 and 1091 to 1094 of this title, prior to being amended generally by Pub. L. 104–297.

### Amendments

2022—Subsec. (b)(1)(I). Pub. L. 117–263 added subpar. (I).

2007—Subsec. (a). Pub. L. 109–479, § 202, substituted “Collection programs” for “Council requests” in heading, designated existing provisions as par. (1), inserted heading, realigned margins, in first sentence, struck out “(other than information that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations)” after “additional information” and “types of information”, in last sentence, substituted “paragraph” for “subsection”, and added par. (2).

Subsec. (b). Pub. L. 109–479, § 203(a)(1), (2), added pars. (1) and (2), redesignated former par. (2) as (3) and realigned margins, and struck out former par. (1) which related to confidentiality of information submitted to the Secretary and exceptions.

Subsec. (b)(1)(D). Pub. L. 109–479, § 3(d)(1)(A), substituted “a limited access privilege” for “an individual fishing quota”.

Subsec. (b)(3). Pub. L. 109–479, § 203(a)(3), substituted “(2)(A).” for “(1)(E).”