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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 15 - Commerce and Foreign Trade |
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Subtitle B - Regulations Relating to Commerce and Foreign Trade |
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Chapter IX - National Oceanic and Atmospheric Administration, Department of Commerce |
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SubChapter A - General Regulations |
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Part 905 - Use in Enforcement Proceedings of Information Collected by Voluntary Fishery Data Collectors |
§ 905.4 - Use of information.
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§ 905.4 Use of information.
(a) Except as provided for in paragraph (b) of this section, information collected by a voluntary fishery data collector may not be introduced by the Secretary as evidence against any consenting owner that is a party to an enforcement proceeding.
(b) Provided that all applicable evidentiary requirements are satisfied:
(1) Information collected by a voluntary fishery data collector may be introduced in an enforcement proceeding by any party except the Secretary;
(2) If information is introduced pursuant to paragraph (b)(1) of this section, all information collected by a voluntary fishery data collector may be introduced by any other party, including the Secretary.
(c) Independent evidence derived from information collected by a voluntary fishery data collector may be introduced by any party, including the Secretary, in an enforcement proceeding.