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 the Secretary of the Interior, the Marine Mammal Commission, and individuals with knowledge and experience in marine science, marine mam- mal science, marine mammal veterinary and husbandry practices, and marine conservation, including stranding network participants, de- velop 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, pe- riodically, existing information on— (1) procedures and practices for— (A) rescuing and rehabilitating stranded or entangled marine mammals, including cri- teria used by stranding network partici- pants, on a species-by-species basis, for de- termining at what point a marine mammal undergoing rescue and rehabilitation is re- turnable to the wild; and (B) collecting, preserving, labeling, and transporting marine mammal tissues for physical, chemical, and biological analyses; (2) appropriate scientific literature on ma- rine mammal health, disease, and rehabilita- tion; (3) strandings and entanglements, including unusual mortality events, which the Secretary shall compile and analyze, by stranding re- gion, to monitor species, numbers, conditions, and causes of illnesses and deaths of stranded marine mammals and entangled marine mam- mals to allow comparison of the causes of ill- ness and deaths in stranded marine mammals and entangled marine mammals with physical, chemical, and biological environmental pa- rameters; and (4) other life history and reference level data, including marine mammal tissue anal- yses. (c) Information required to be submitted and col- lected (1) In general After each response to a stranding or entan- glement event, the Secretary shall collect (in- cluding 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 re- sponds 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 suc- cessor 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 de- scribed in subparagraph (A), which may in- clude, as available, relevant information about— (i) weather and tide conditions; (ii) offshore human, predator, or prey ac- tivity; (iii) morphometrics; (iv) behavior; (v) health assessments; (vi) life history samples; or (vii) stomach and intestinal contents; and (C) data and results from laboratory anal- ysis of tissues, which may include, as appro- priate and available— (i) histopathology; (ii) toxicology; (iii) microbiology; (iv) virology; or (v) parasitology. (2) Timeline A stranding network participant shall sub- mit— (A) the data described in paragraph (1)(A) not later than 30 days after the date of a re- sponse to a stranding or entanglement event; (B) the compiled data described in para- graph (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 para- graph (1)(C) not later than 30 days after the date on which the laboratory analysis has been reported to the stranding network par- ticipant. (3) Online data input system The Secretary, acting through the Under Secretary of Commerce for Oceans and Atmos- Page 1833 TITLE 16—CONSERVATION § 1421a phere, in consultation with the stranding net- work and the Office of Evaluation Sciences of the General Services Administration, shall es- tablish an online system for the purposes of ef- ficient and timely submission of data de- scribed 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 in- formation on potential public health risks; (C) to facilitate integrated interdiscipli- nary research; (D) to facilitate peer-reviewed publica- tions; (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 re- sponded directly to a stranding or entangle- ment event is available to the public through the Health MAP and the Observa- tion 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 en- tanglement event is made available to the public through the Health MAP and the Ob- servation System 2 years after the date on which that data are submitted to the Sec- retary under subsection (c). (3) Exceptions (A) Written release Notwithstanding paragraph (2)(B), the Sec- retary may make data described in para- graph (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 Sec- retary may withhold data for a longer period than the period of time described in para- graph (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 ma- rine mammal stranding community, shall— (1) make publicly available guidance about uniform data and metadata standards to en- sure 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 Obser- vation System; and (2) periodically update such guidance. (f) Management policy In collaboration with the regional stranding networks, the Secretary shall develop, and peri- odically 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 Sec- retary of Commerce for Oceans and Atmosphere, shall include authorship agreements or other ac- knowledgment 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 sub- section (c). (Pub. L. 92–522, title IV, § 402, formerly title III, § 302, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5061; renumbered title IV, § 402, Pub. L. 103–238, § 24(b), Apr. 30, 1994, 108 Stat. 565; amended Pub. L. 117–263, div. J, title CIV, § 10401, Dec. 23, 2022, 136 Stat. 3981.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(1)(A). Pub. L. 117–263, § 10401(1)(A), inserted ‘‘or entangled’’ after ‘‘stranded’’. Subsec. (b)(3). Pub. L. 117–263, § 10401(1)(B), sub- stituted ‘‘strandings and entanglements, including un- usual mortality events, which the Secretary shall com- pile and analyze, by stranding region, to monitor spe- cies, numbers, conditions, and causes of illnesses and deaths of stranded marine mammals and entangled ma- rine mammals to allow comparison of the causes of ill- ness and deaths in stranded marine mammals and en- tangled marine mammals with physical, chemical, and biological environmental parameters; and’’ for ‘‘strandings, which the Secretary shall compile and analyze, by region, to monitor species, numbers, condi- tions, and causes of illnesses and deaths of stranded marine mammals; and’’. Subsec. (b)(4). Pub. L. 117–263, § 10401(1)(C), sub- stituted ‘‘analyses.’’ for ‘‘analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters.’’ Subsecs. (c) to (h). Pub. L. 117–263, § 10401(2), added subsecs. (c) to (h) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: ‘‘The Secretary shall make information collected under this section available to stranding network partici- pants and other qualified scientists.’’ Statutory Notes and Related Subsidiaries IMPLEMENTATION Pub. L. 102–587, title III, § 3003(b), Nov. 4, 1992, 106 Stat. 5066, provided that: ‘‘The Secretary of Commerce shall— ‘‘(1) in accordance with section 302(a) and (b) [now 402(a), (b)] of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1421a(a), (b)], as amended by this Act, and not later than 24 months after the date of enact- ment of this Act [Nov. 4, 1992]— Page 1834 TITLE 16—CONSERVATION § 1421b ‘‘(A) develop and implement objective criteria to determine at what point a marine mammal under- going rehabilitation is returnable to the wild; and ‘‘(B) collect and make available information on marine mammal health and health trends; and ‘‘(2) in accordance with section 304(b) [now 404(b)] of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1421c(b)], as amended by this Act, issue a detailed contingency plan for responding to any unusual mor- tality event— ‘‘(A) in proposed form by not later than 18 months after the date of enactment of this Act; and ‘‘(B) in final form by not later than 24 months after the date of enactment of this Act.’’ § 1421b. Stranding or entanglement response agreements (a) In general The Secretary may enter into an agreement under section 1382(c) of this title with any per- son to take marine mammals under section 1379(h)(1) of this title in response to a stranding or entanglement. (b) Required provision An agreement authorized by subsection (a) shall— (1) specify each person who is authorized to perform activities under the agreement; (2) specify any terms and conditions under which a person so specified may delegate that authority to another person; and (3) include a description of the data manage- ment and public outreach policy established under section 1421a(f) of this title. (c) Review The Secretary shall periodically review agree- ments under section 1382(c) of this title that are entered into pursuant to this subchapter, for performance adequacy and effectiveness. (Pub. L. 92–522, title IV, § 403, formerly title III, § 303, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5061; renumbered title IV, § 403, Pub. L. 103–238, § 24(b), Apr. 30, 1994, 108 Stat. 565; amended Pub. L. 117–263, div. J, title CIV, § 10402(a), Dec. 23, 2022, 136 Stat. 3983.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, § 10402(a)(1), inserted ‘‘or entan- glement’’ before ‘‘response’’ in section catchline. Subsec. (a). Pub. L. 117–263, § 10402(a)(2), inserted ‘‘or entanglement’’ after ‘‘stranding’’. Subsec. (b)(3). Pub. L. 117–263, § 10402(a)(3), added par. (3). § 1421c. Unusual mortality event response (a) Response (1) Working group (A) The Secretary, acting through the Of- fice, shall establish, in consultation with the Secretary of the Interior, a marine mammal unusual mortality event working group, con- sisting of individuals with knowledge and ex- perience in marine science, marine mammal science, marine mammal veterinary and hus- bandry practices, marine conservation, and medical science, to provide guidance to the Secretary and the Secretary of the Interior for— (i) determining whether an unusual mor- tality event is occurring; (ii) determining, after an unusual mor- tality event has begun, if response actions with respect to that event are no longer nec- essary; and (iii) developing the contingency plan in ac- cordance with subsection (b), to assist the Secretary in responding to unusual mor- tality events. (B) Chapter 10 of title 5 shall not apply to the marine mammal unusual mortality event working group established under this para- graph. (2) Response timing The Secretary, in consultation with the Sec- retary of the Interior, shall to the extent nec- essary and practicable— (A) within 24 hours after receiving notifi- cation 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 no- tification— (i) make a determination as to whether an unusual mortality event is occurring; (ii) inform the stranding network partic- ipant of that determination; and (iii) if the Secretary has determined an unusual mortality event is occurring, des- ignate an Onsite Coordinator for the event, in accordance with subsection (c). (b) Contingency plan (1) In general The Secretary shall, in consultation with the Secretary of the Interior and the unusual mortality event working group, and after an opportunity for public review and comment, issue a detailed contingency plan for respond- ing to any unusual mortality event. (2) Contents The contingency plan required under this subsection shall include— (A) a list of persons, including stranding network participants, at a regional, State, and local level, who can assist the Secretary in implementing a coordinated and effective response to an unusual mortality event; (B) the types of marine mammal tissues and analyses necessary to assist in diag- nosing causes of unusual mortality events; (C) training, mobilization, and utilization procedures for available personnel, facilities, and other resources necessary to conduct a rapid and effective response to unusual mor- tality events; and (D) such requirements as are necessary to— (i) minimize death of marine mammals in the wild and provide appropriate care of marine mammals during an unusual mor- tality event; (ii) assist in identifying the cause or causes of an unusual mortality event; (iii) determine the effects of an unusual mortality event on the size estimates of