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

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 Page 1835 TITLE 16—CONSERVATION § 1421d 1 So in original. The ‘‘; and’’ probably should be a period. the affected populations of marine mam- mals; and (iv) identify any roles played in an un- usual mortality event by physical, chem- ical, and biological factors, including con- taminants. (c) Onsite coordinators (1) Designation (A) The Secretary shall, in consultation with the Secretary of the Interior, designate one or more Onsite Coordinators for an un- usual mortality event, who shall make imme- diate recommendations to the stranding net- work participants on how to proceed with re- sponse activities. (B) An Onsite Coordinator so designated shall be one or more appropriate Regional Di- rectors of the National Marine Fisheries Serv- ice or the United States Fish and Wildlife Service, or their designees. (C) If, because of the wide geographic dis- tribution, multiple species of marine mam- mals involved, or magnitude of an unusual mortality event, more than one Onsite Coordi- nator is designated, the Secretary shall, in consultation with the Secretary of the Inte- rior, designate which of the Onsite Coordina- tors shall have primary responsibility with re- spect to the event. (2) Functions (A) An Onsite Coordinator designated under this subsection shall coordinate and direct the activities of all persons responding to an un- usual mortality event in accordance with the contingency plan issued under subsection (b), except that— (i) with respect to any matter that is not covered by the contingency plan, an Onsite Coordinator shall use his or her best profes- sional judgment; and (ii) the contingency plan may be tempo- rarily modified by an Onsite Coordinator, consulting as expeditiously as possible with the Secretary, the Secretary of the Interior, and the unusual mortality event working group. (B) An Onsite Coordinator may delegate to any qualified person authority to act as an On- site Coordinator under this subchapter. (Pub. L. 92–522, title IV, § 404, formerly title III, § 304, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5062; renumbered title IV, § 404, Pub. L. 103–238, § 24(b), Apr. 30, 1994, 108 Stat. 565; amended Pub. L. 117–286, § 4(a)(111), Dec. 27, 2022, 136 Stat. 4317.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(1)(B). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Com- mittee Act (5 App. U.S.C.)’’. § 1421d. Unusual mortality event activity funding (a) Establishment of Fund There is established in the Treasury an inter- est bearing fund to be known as the ‘‘Marine Mammal Unusual Mortality Event Fund’’, which shall consist of amounts deposited into the Fund under subsection (c). (b) Uses Amounts in the Fund shall be available only for use by the Secretary, in consultation with the Secretary of the Interior, and dispersed among claimants based on budgets approved by the Secretary prior to expenditure— (1) to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs incurred in acting in accordance with the contingency plan issued under section 1421c(b) of this title or under the direction of an Onsite Coordinator for an un- usual mortality event designated under sec- tion 1421c(a)(2)(B)(iii) of this title; (2) for reimbursing any stranding network participant for costs incurred in the collec- tion, preparation, analysis, and transportation of marine mammal tissues and samples col- lected with respect to an unusual mortality event for the Tissue Bank; and (3) for the care and maintenance of a marine mammal seized under section 1374(c)(2)(D) of this title; and 1 (c) Deposits into Fund There shall be deposited into the Fund— (1) amounts appropriated to the Fund; (2) other amounts appropriated to the Sec- retary for use with respect to unusual mor- tality events; and (3) amounts received by the United States in the form of gifts, devises, and bequests under subsection (d). (d) Acceptance of donations For purposes of carrying out this subchapter and section 1374(c)(2)(D) of this title, the Sec- retary may accept, solicit, and use the services of volunteers, and may accept, solicit, receive, hold, administer, and use gifts, devises, and be- quests. (Pub. L. 92–522, title IV, § 405, formerly title III, § 305, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered title IV, § 405, and amended Pub. L. 103–238, §§ 6, 16(b), 24(b), (c)(2), Apr. 30, 1994, 108 Stat. 542, 559, 565, 566; Pub. L. 117–263, div. J, title CIV, § 10403, Dec. 23, 2022, 136 Stat. 3983.) Editorial Notes AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to uses of amounts in the Marine Mammal Unusual Mor- tality Event Fund and payment of pending claims. 1994—Subsec. (a). Pub. L. 103–238, § 16(b), substituted ‘‘an interest bearing fund’’ for ‘‘a fund’’. Subsec. (b)(1)(A)(i). Pub. L. 103–238, § 24(c)(2), made technical amendment to reference to section 1421c(b) of this title to reflect renumbering of corresponding sec- tion of original act. Subsec. (b)(1)(A)(iii). Pub. L. 103–238, § 6(1), added cl. (iii). Subsec. (d). Pub. L. 103–238, § 6(2), inserted ‘‘and sec- tion 1374(c)(2)(D) of this title’’.