Current through Register Vol. 43, No. 02, November 27, 2024
(1)
Purpose. In general, information contained in the
natural heritage data bank is public information. However, Amendment 543 to the
Constitution of Alabama requires the Department to establish procedures
relating to the confidentiality of data and inquiries for information in order
to protect natural resources and encourage use of the natural heritage data
bank by public agencies and private organizations and individuals in planning
or conducting their activities. Information on the specific location of rare
species is sensitive information, and shall not be disclosed except in
accordance with the procedures established below. Similarly, the fact that a
public agency, private organization or individual has requested information
from SNHP on a specific site or sites is sensitive information, and employees
or contractors of the Department shall not disclose any information about such
a request except in accordance with the procedures established below.
(2)
Confidentiality of
Information.
(a)
General. Except as provided below and as provided by
other applicable statute or regulation, all information contained in the
natural heritage data bank and SNHP records shall be considered public
information.
(b)
Information Requests. When a public agency, private
organization or individual has requested information from SNHP on one or more
specific sites, employees or contractors of the Department shall not reveal any
details of that inquiry without the prior written permission of the requesting
party. However, SNHP employees may disclose such information to the Forever
Wild Board, to the extent reasonably necessary, upon request of the Chairman of
the Forever Wild Board. The Chairman shall ensure that such information is not
inadvertently disclosed to any other person without the prior written
permission of the requesting party.
(c)
Location Information and
Other Data. When entering data into the natural heritage data
bank, the State Lands Division will make a determination as to whether that
information is confidential. Each page or data field of these records shall be
clearly marked "CONFIDENTIAL". For purposes of this rule, it is presumed that
information on the specific location of a rare species, whether or not
protected by state or federal law or regulation, is confidential. Information
other than location data may be classified as confidential by the State Lands
Division if such classification is reasonably necessary to ensure the
protection of a rare species or biological community.
(d)
Data Obtained Under Contract
or from Survey Work Performed on Private Land. Biological
information obtained by the SNHP as a result of a contract between the SNHP and
a private organization or individual shall be considered confidential and shall
not be disclosed without the prior written consent of the private organization
or individual. Similarly, biological information obtained from survey work
performed by SNHP on private land with the permission of the landowner shall be
considered confidential and shall not be disclosed without the prior written
consent of the landowner.
(e)
Disclosure of Confidential Information. In responding
to a request for information, the Department shall first provide all responsive
non-confidential information, along with a notation of whether the database
contains confidential information relating to the subject inquiry. The
requesting party may obtain confidential information relating to the location
of a rare species or biological community on the following conditions:
(1) the recipient of the information agrees
in writing not to disclose the information;
(2) the recipient of the information agrees
in writing to take reasonable precautions to ensure the security of the
information; an (3) the State Lands Division determines from written
justification presented by the requesting party that said party's reasons for
requesting the information are consistent with the purposes of the SNHP as
stated in
220-4-.05.