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60 FR 39251, Aug. 2, 1995, unless otherwise noted.
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(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.