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16 U.S.C. § 1421e — Liability

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

16 U.S.C. § 1421e — Liability

**(a) In general** A person who is authorized to respond to a stranding or entanglement pursuant to an agreement entered into under [section 1382(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1382/c&num=0&edition=prelim) is deemed to be an employee of the Government for purposes of chapter 171 of title 28, with respect to actions of the person that are— (1) in accordance with the agreement; and (2) in the case of an unusual mortality event, in accordance with— (A) the contingency plan issued under [section 1421c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1421c/b&num=0&edition=prelim); (B) the instructions of an Onsite Coordinator designated under [section 1421c(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1421c/c&num=0&edition=prelim); or (C) the best professional judgment of an Onsite Coordinator, in the case of any matter that is not covered by the contingency plan. **(b) Limitation** Subsection (a) does not apply to actions of a person described in that subsection that are grossly negligent or that constitute willful misconduct.

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Source file: Laws/federal/codes/united-states-code/title-16/section-1421e-liability--17a416e1af.md
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Source location: Title 16, Chapter 31, § 1421e; chapter-031-marine-mammal-protection.md

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

16 U.S.C. § 1421c — Unusual mortality event response

**(a) Response** (1) **Working group** (A) The Secretary, acting through the Office, shall establish, in consultation with the Secretary of the Interior, a marine mammal unusual mortality event working group, consisting of individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, marine conservation, and medical science, to provide guidance to the Secretary and the Secretary of the Interior for— (i) determining whether an unusual mortality event is occurring; (ii) determining, after an unusual mortality event has begun, if response actions with respect to that event are no longer necessary; and (iii) developing the contingency plan in accordance with subsection (b), to assist the Secretary in responding to unusual mortality events. (B) Chapter 10 of title 5 shall not apply to the marine mammal unusual mortality event working group established under this paragraph. (2) **Response timing** — The Secretary, in consultation with the Secretary of the Interior, shall to the extent necessary and practicable— (A) within 24 hours after receiving notification from a stranding network participant that an unusual mortality event might be occurring, contact as many members as is possible of the unusual mortality event working group for guidance; and (B) within 48 hours after receiving such notification— (i) make a determination as to whether an unusual mortality event is occurring; (ii) inform the stranding network participant of that determination; and (iii) if the Secretary has determined an unusual mortality event is occurring, designate an Onsite Coordinator for the event, in accordance with subsection (c). **(b) Contingency plan** (1) **In general** — The Se

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

16 U.S.C. § 1416 — Permits

**(a) In general** (1) Consistent with the regulations issued pursuant to [section 1413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1413&num=0&edition=prelim), the Secretary shall issue a permit to a vessel of the United States authorizing participation in the International Dolphin Conservation Program and may require a permit for the person actually in charge of and controlling the fishing operation of the vessel. The Secretary shall prescribe such procedures as are necessary to carry out this subsection, including requiring the submission of— (A) the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof; and (B) the tonnage, hold capacity, speed, processing equipment, and type and quantity of gear, including an inventory of special equipment required under [section 1413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1413&num=0&edition=prelim), with respect to each vessel. (2) The Secretary is authorized to charge a fee for granting an authorization and issuing a permit under this section. The level of fees charged under this paragraph may not exceed the administrative cost incurred in granting an authorization and issuing a permit. Fees collected under this paragraph shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred in granting authorizations and issuing permits under this section. (3) After the effective date of the International Dolphin Conservation Program Act, no vessel of the United States shall operate in the yellowfin tuna fishery in the eastern tropical Pacific Ocean without a valid permit issued under this s

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

16 U.S.C. § 1421e — Liability

Page 1836 TITLE 16—CONSERVATION § 1421e § 1421e. Liability (a) In general A person who is authorized to respond to a stranding or entanglement pursuant to an agree- ment entered into under section 1382(c) of this title is deemed to be an employee of the Govern- ment for purposes of chapter 171 of title 28, with respect to actions of the person that are— (1) in accordance with the agreement; and (2) in the case of an unusual mortality event, in accordance with— (A) the contingency plan issued under sec- tion 1421c(b) of this title; (B) the instructions of an Onsite Coordi- nator designated under section 1421c(c) of this title; or (C) the best professional judgment of an Onsite Coordinator, in the case of any mat- ter that is not covered by the contingency plan. (b) Limitation Subsection (a) does not apply to actions of a person described in that subsection that are grossly negligent or that constitute willful mis- conduct. (Pub. L. 92–522, title IV, § 406, formerly title III, § 306, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered title IV, § 406, and amended Pub. L. 103–238, § 24(b), (c)(3), (4), Apr. 30, 1994, 108 Stat. 565, 566; Pub. L. 117–263, div. J, title CIV, § 10404, Dec. 23, 2022, 136 Stat. 3984.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, in introductory pro- visions, inserted ‘‘or entanglement’’ after ‘‘to a strand- ing’’ and substituted ‘‘Government’’ for ‘‘government’’. 1994—Subsec. (a)(2)(A), (B). Pub. L. 103–238, § 24(c)(3), (4), made technical amendment to references to section 1421c of this title to reflect renumbering of cor- responding section of original act. § 1421f. National Marine Mammal Tissue Bank and tissue analysis (a) Tissue Bank (1) In general The Se

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