Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part I - Wildlife and Fisheries Commission and Agencies Thereunder › Chapter 3 - Special Powers and Duties › Subchapter F - Confidential Fishery Data › Section I-321 - Records; Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  fishery dependent data (that is, only data collected from individuals or firms)
				  collected or otherwise obtained by personnel or instrumentalities of the
				  Louisiana Department of Wildlife and Fisheries or members of the Wildlife and
				  Fisheries Commission in the course of their duties are confidential and are not
				  to be divulged, except in aggregate form, to any person except employees or
				  instrumentalities of the Louisiana Department of Wildlife and Fisheries or
				  members of the Wildlife and Fisheries Commission or the National Oceanic and
				  Atmospheric Administration, National Marine Fisheries Service (NOAA/NMFS), or
				  Legislative Committees and their staffs, whose duties require this information,
				  except as authorized by law or court order. For the purposes of this rule
				  fishery dependent data shall be data collected under authority of Part VI of
				  Title 56 of the Revised Statutes except the names, addresses, and license
				  numbers of licensed fishermen. Aggregate form, with respect to data, shall mean
				  data or information submitted by three or more persons that have been summed or
				  assembled in such a manner so as not to reveal, directly or indirectly, the
				  identity or business of any such person. Neither employees nor
				  instrumentalities of the Louisiana Department of Wildlife and Fisheries nor
				  members of the Wildlife and Fisheries Commission shall release confidential
				  information to another person, firm, or state or federal agencies, except
				  NOAA/NMFS as stated above or state agencies authorized through written
				  agreements with the Department of Wildlife and Fisheries that have comparable
				  confidentiality provisions, and to the extent possible, will oppose other
				  agency and congressional subpoenas to obtain confidential information. Neither
				  the Louisiana Department of Wildlife and Fisheries nor its instrumentalities
				  nor members of the Wildlife and Fisheries Commission, nor Legislative
				  Committees and their staffs, will disclose confidential statistics under court
				  order without specific approval by the State Attorney General's Office. These
				  rules and regulations provide for compliance with all procedures set forth by
				  the United States Department of Commerce, or its agencies or instrumentalities,
				  for the confidentiality of fishing statistics collected from individuals or
				  firms by that department, its agencies or instrumentalities. Employees or
				  instrumentalities of the Louisiana Department of Wildlife and Fisheries or
				  members of the Wildlife and Fisheries Commission who have access to
				  confidential statistics shall be subject to the provisions and penalties for
				  unauthorized disclosure.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 56:301.4.