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16 U.S.C. § 1421a — Determination; data collection and dissemination

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1421a — Determination; data collection and dissemination

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Stable record: federal_law:legal_authorities:record_usc_0960c8fa233a2080f70238d2
Source file: Laws/federal/codes/united-states-code/title-16/section-1421a-determination-data-collection-and-dissemination--8216281a60.md
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Source location: Title 16, Chapter 31, § 1421a; chapter-031-marine-mammal-protection.md

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**(a) Determination for release** The Secretary shall, in consultation with the Secretary of the Interior, the Marine Mammal Commission, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, including stranding network participants, develop objective criteria, after an opportunity for public review and comment, to provide guidance for determining at what point a rehabilitated marine mammal is releasable to the wild. **(b) Collection** The Secretary shall, in consultation with the Secretary of the Interior, collect and update, periodically, existing information on— (1) procedures and practices for— (A) rescuing and rehabilitating stranded or entangled marine mammals, including criteria used by stranding network participants, on a species-by-species basis, for determining at what point a marine mammal undergoing rescue and rehabilitation is returnable to the wild; and (B) collecting, preserving, labeling, and transporting marine mammal tissues for physical, chemical, and biological analyses; (2) appropriate scientific literature on marine mammal health, disease, and rehabilitation; (3) strandings and entanglements, including unusual mortality events, which the Secretary shall compile and analyze, by stranding region, to monitor species, numbers, conditions, and causes of illnesses and deaths of stranded marine mammals and entangled marine mammals to allow comparison of the causes of illness and deaths in stranded marine mammals and entangled marine mammals with physical, chemical, and biological environmental parameters; and (4) other life history and reference level data, including marine mammal tissue analyses. **(c) Information required to be submitted and collected** (1) **In general** — After each response to a stranding or entanglement event, the Secretary shall collect (including from any staff of the National Oceanic and Atmospheric Administration that respond directly to such an event), and shall require each stranding network participant who responds to that stranding or entanglement to submit to the Administrator of the National Oceanic and Atmospheric Administration or the Director of the United States Fish and Wildlife Service— (A) data on the stranding event, including NOAA Form 89–864 (OMB #0648–0178), NOAA Form 89–878 (OMB #0648–0178), similar successor forms, or similar information in an appropriate format required by the United States Fish and Wildlife Service for species under its management authority; (B) supplemental data to the data described in subparagraph (A), which may include, as available, relevant information about— (i) weather and tide conditions; (ii) offshore human, predator, or prey activity; (iii) morphometrics; (iv) behavior; (v) health assessments; (vi) life history samples; or (vii) stomach and intestinal contents; and (C) data and results from laboratory analysis of tissues, which may include, as appropriate and available— (i) histopathology; (ii) toxicology; (iii) microbiology; (iv) virology; or (v) parasitology. (2) **Timeline** — A stranding network participant shall submit— (A) the data described in paragraph (1)(A) not later than 30 days after the date of a response to a stranding or entanglement event; (B) the compiled data described in paragraph (1)(B) not later than 30 days after the date on which the data is available to the stranding network participant; and (C) the compiled data described in paragraph (1)(C) not later than 30 days after the date on which the laboratory analysis has been reported to the stranding network participant. (3) **Online data input system** — The Secretary, acting through the Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the stranding network and the Office of Evaluation Sciences of the General Services Administration, shall establish an online system for the purposes of efficient and timely submission of data described in paragraph (1). **(d) Availability of data** (1) **In general** — The Secretary shall develop a program to make information, including any data and metadata collected under paragraph (3) or (4) of subsection (b) or subsection (c), available to researchers, stranding network participants, and the public— (A) to improve real-time coordination of response to stranding and entanglement events across geographic areas and between stranding coordinators; (B) to identify and quickly disseminate information on potential public health risks; (C) to facilitate integrated interdisciplinary research; (D) to facilitate peer-reviewed publications; (E) to archive regional data into 1 national database for future analyses; and (F) for education and outreach activities. (2) **Access to data** — The Secretary shall ensure that any data or metadata collected under subsection (c)— (A) by staff of the National Oceanic and Atmospheric Administration or the United States Fish and Wildlife Service that responded directly to a stranding or entanglement event is available to the public through the Health MAP and the Observation System not later than 30 days after that data or metadata is collected by, available to, or reported to the Secretary; and (B) by a stranding network participant that responded directly to a stranding or entanglement event is made available to the public through the Health MAP and the Observation System 2 years after the date on which that data are submitted to the Secretary under subsection (c). (3) **Exceptions** (A) *Written release* — Notwithstanding paragraph (2)(B), the Secretary may make data described in paragraph (2)(B) publicly available earlier than 2 years after the date on which that data are submitted to the Secretary under subsection (c), if the stranding network participant has completed a written release stating that such data may be made publicly available. (B) *Law enforcement* — Notwithstanding paragraph (2), the Secretary may withhold data for a longer period than the period of time described in paragraph (2) in the event of a law enforcement action or legal action that may be related to that data. **(e) Standards** The Secretary, in consultation with the marine mammal stranding community, shall— (1) make publicly available guidance about uniform data and metadata standards to ensure that data collected in accordance with this section can be archived in a form that is readily accessible and understandable to the public through the Health MAP and the Observation System; and (2) periodically update such guidance. **(f) Management policy** In collaboration with the regional stranding networks, the Secretary shall develop, and periodically update, a data management and public outreach collaboration policy for stranding or entanglement events. **(g) Authorship agreements and acknowledgment policy** The Secretary, acting through the Under Secretary of Commerce for Oceans and Atmosphere, shall include authorship agreements or other acknowledgment considerations for use of data by the public, as determined by the Secretary. **(h) Savings clause** The Secretary shall not require submission of research data that are not described in subsection (c).

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1412 — International Dolphin Conservation Program

The Secretary of State, in consultation with the Secretary, shall seek to secure a binding international agreement to establish an International Dolphin Conservation Program that requires— (1) that the total annual dolphin mortality in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean shall not exceed 5,000 animals with a commitment and objective to progressively reduce dolphin mortality to a level approaching zero through the setting of annual limits; (2) the establishment of a per-stock per-year dolphin mortality limit, to be in effect through calendar year 2000, at a level between 0.2 percent and 0.1 percent of the minimum population estimate, as calculated, revised, or approved by the Secretary; (3) the establishment of a per-stock per-year dolphin mortality limit, beginning with the calendar year 2001, at a level less than or equal to 0.1 percent of the minimum population estimate as calculated, revised, or approved by the Secretary; (4) that if a dolphin mortality limit is exceeded under— (A) paragraph (1), all sets on dolphins shall cease for the applicable fishing year; and (B) paragraph (2) or (3), all sets on the stocks covered under paragraph (2) or (3) and any mixed schools that contain any of those stocks shall cease for the applicable fishing year; (5) a scientific review and assessment to be conducted in calendar year 1998 to— (A) assess progress in meeting the objectives set for calendar year 2000 under paragraph (2); and (B) as appropriate, consider recommendations for meeting these objectives; (6) a scientific review and assessment to be conducted in calendar year 2000— (A) to review the stocks covered under paragraph (3); and (B) as appropriate to consider recommendations to further the objectives

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1412

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1421f–2 — Marine Mammal Health Monitoring and Analysis Platform (Health MAP)

**(a) In general** Not later than 1 year after December 23, 2022, the Secretary, acting through the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall— (1) establish a marine mammal health monitoring and analysis platform (referred to in this chapter as the “Health MAP”); (2) incorporate the Health MAP into the Observation System; and (3) make the Health MAP— (A) publicly accessible through the web portal of the Observation System; and (B) interoperable with other national data systems or other data systems for management or research purposes, as practicable. **(b) Purposes** The purposes of the Health MAP are— (1) to promote— (A) interdisciplinary research among individuals with knowledge and experience in marine mammal science, marine mammal veterinary and husbandry practices, medical science, and oceanography, and with other marine scientists; (B) timely and sustained dissemination and availability of marine mammal health, stranding, entanglement, and mortality data; (C) identification of spatial and temporal patterns of marine mammal mortality, disease, and stranding; (D) evaluation of marine mammal health in terms of mortality, as well as sublethal marine mammal health impacts; (E) improved collaboration and forecasting of marine mammal and larger ecosystem health events; (F) rapid communication and dissemination of information regarding marine mammal strandings that may have implications for human health, such as those caused by harmful algal blooms; and (G) increased accessibility of data in a user friendly visual interface for public education and outreach; and (2) to contribute to an ocean health index that incorporates

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1421f–2

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1421a — Determination; data collection and dis-

Page 1832 TITLE 16—CONSERVATION § 1421a ment prevents an adequate understanding of the causes of marine mammal unusual mortality events. ‘‘(3) An accurate assessment of marine mammal health, health trends in marine mammal populations in the wild, and causes of marine mammal unusual mortality events cannot be made without adequate reference data on marine mammals and the environ- ment in which they live. ‘‘(4) A systematic assessment of the sources, pres- ence, levels, and effects of potentially harmful con- taminants on marine mammals would provide a bet- ter understanding of some of the causes of marine mammal unusual mortality events and may serve as an indicator of the general health of our coastal and marine environments. ‘‘(5) Responses to marine mammal unusual mor- tality events are often uncoordinated, due to the lack of sufficient contingency planning. ‘‘(6) Standardized methods for the reporting of dying, dead, or otherwise incapacitated marine mam- mals in the wild would greatly assist in the deter- mination of the causes of marine mammal unusual mortality events and enhance general knowledge of marine mammal species. ‘‘(7) A formal system for collection, preparation, and archiving of, and providing access to, marine mammal tissues will enhance efforts to investigate the health of marine mammals and health trends of marine mammal populations, and to develop ref- erence data. ‘‘(8) Information on marine mammals, including re- sults of analyses of marine mammal tissues, should be broadly available to the scientific community, in- cluding stranding network participants, through a marine mammal data base.’’ § 1421a. Determination; data collection and dis- semination (a) Determination for release The Secretary shall, in consultation with

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1421a

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