| A. Information submitted to the department under this |
| section may be designated by the submittor as being only |
| for the confidential use of the department, its agents and |
| employees, other agencies of State Government, as |
| authorized by the Governor, employees of the United States |
| Environmental Protection Agency, the United States Army |
| Corps of Engineers, the United States Fish and Wildlife |
| Service, the National Marine Fisheries Services, the |
| United States Department of Agriculture, the Attorney |
| General and employees of the municipality in which the |
| aquaculture facility is located. The designation must be |
| clearly indicated on each page or other portion of |
| information. The commissioner shall establish procedures |
| to ensure that information so designated is segregated |
| from public records of the department. The department's |
| public records must include the indication that |
| information so designated has been submitted to the |
| department, giving the name of the submittor and the |
| general nature of the information. Upon a request for |
| information, the scope of which includes information so |
| designated, the commissioner shall notify the submittor. |
| Within 15 days after receipt of the notice, the submittor |
| shall demonstrate to the satisfaction of the department |
| that the designated information should not be disclosed |
| because the information is a trade secret or production, |
| commercial or financial information, the disclosure of |
| which would impair the competitive position of the |
| submittor and would make available information not |
| otherwise publicly available. Unless such a demonstration |
| is made, the information must be disclosed and becomes a |
| public record. The department may grant or deny |
| disclosure for the whole or any part of the designated |
| information requested and within 15 days shall give |
| written notice of the decision to the submittor and the |
| person requesting the designated information. A person |
| aggrieved by a decision of the department may appeal to |
| the Superior Court. All information provided by the |
| department to the municipality under this paragraph is |
| confidential and not a public record under Title 1, |
| chapter 13. If a request for the information is submitted |
| to the municipality, the municipality shall submit that |
| request to the commissioner to be processed by the |
| department as provided in this paragraph. |
