(a)
(1)
The landing receipts, reports, or other records filed with the department pursuant to Article 2 (commencing with Section 7700) to Article 7.5 (commencing with Section 8040), inclusive, the records filed with the commission pursuant to Section 8026, and the information they contain, shall, except as otherwise provided in this section, be confidential, and the records shall not be public records. Insofar as possible, the information contained in the records shall be compiled or published as summaries, so as not to disclose the individual record or business of any person.
(2)
Notwithstanding paragraph (2) of subdivision (b), the information and data
relating to catch contained in the landing receipts and records of fishing activities described in paragraph (1) shall be confidential and shall not be public information.
(b)
(1)
Notwithstanding any other law, the department may release the confidential information described in subdivision (a) only in the following circumstances:
(A)
To a federal agency responsible for fishery management activities, provided the
information is used solely for the purposes of enforcing fishery management provisions and provided the information will otherwise remain confidential.
(B)
In
accordance with Section 391 or pursuant to a court order.
(C)
To a public or private postsecondary institution engaged in research under the terms of a legally binding confidentiality agreement.
(D)
Or under other conditions as the commission by regulation may provide.
(2)
Notwithstanding paragraph (1) of subdivision (a), fish business identification numbers, fish business names, commercial fishing license numbers, commercial fisher names, vessel registration identification numbers, and vessel names, exclusively, shall be deemed public information and may be provided upon request.
(c)
All forms, logs, books, covers, documents, electronic data, software, and other records of any kind issued or otherwise supplied, directly or indirectly, by the department, the purpose of which is to provide a means for reports, records, or other information to be filed with the department pursuant to Article 2 (commencing with Section 7700) to Article 7.5 (commencing with Section 8040), inclusive, continue to be the property of the department. Those forms, logs, books, covers,
documents, electronic data, software, other records, or portions thereof remain the property of the department whether used, unused, attached, or detached from their original binding, packaging, or other medium and shall be immediately surrendered upon demand to a peace officer of the department acting in their official capacity, without being altered in any manner.
