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 Secretary shall make provision for the storage, preparation, examination, and archiving of marine mammal tissues. Tissues archived pursuant to this subsection shall be known as the ‘‘National Marine Mammal Tis- sue Bank’’. (2) Guidance for marine mammal tissue collec- tion, preparation, and archiving The Secretary shall, in consultation with in- dividuals with knowledge and expertise in ma- rine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and com- ment, for marine mammal tissue collection, preparation, archiving, and quality control procedures, regarding— (A) appropriate and uniform methods and standards for those activities to provide con- fidence in marine mammal tissue samples used for research; and (B) documentation of procedures used for collecting, preparing, and archiving those samples. (3) Source of tissue In addition to tissues taken during marine mammal unusual mortality events, the Tissue Bank shall incorporate tissue samples taken from other sources in the wild, including— (A) samples from marine mammals taken incidental to commercial fishing operations; (B) samples from marine mammals taken for subsistence purposes; (C) biopsy samples; and (D) any other samples properly collected. (b) Tissue analysis The Secretary shall, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and individuals with knowledge and experience in marine science, marine mam- mal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and comment, for analyzing tissue sam- ples (by use of the most effective and advanced diagnostic technologies and tools practicable) as a means to monitor and measure overall health trends in representative species or populations of marine mammals, including— (1) the levels of, and if possible, the effects of, potentially harmful contaminants; and (2) the frequency of, and if possible, the causes and effects of abnormal lesions or anomalies. (c) Data base (1) In general The Secretary shall maintain a central data base which provides an effective means for tracking and accessing data on marine mam- mals, including relevant data on marine mam- mal tissues collected for and maintained in the Tissue Bank. (2) Contents The data base established under this sub- section shall include— (A) reference data on marine mammal health and mortality and the health of popu- lations of marine mammals; and (B) data on species of marine mammals that are subject to unusual mortality events. (d) Access The Secretary shall, in consultation with the Secretary of the Interior, establish criteria, after an opportunity for public review and com- ment, for public access to— (1) marine mammal tissues in the Tissue Bank; (2) analyses conducted pursuant to sub- section (b); and (3) marine mammal data in the data base maintained under subsection (c); which provide for appropriate uses of the tis- sues, analyses, and data by qualified scientists, including stranding network participants. (Pub. L. 92–522, title IV, § 407, formerly title III, § 307, as added Pub. L. 102–587, title III, § 3003(a),