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(continued) EFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1421g, 1421h of this
title.
-End-
-CITE-
16 USC Sec. 1421e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE
-HEAD-
Sec. 1421e. Liability
-STATUTE-
(a) In general
A person who is authorized to respond to a stranding pursuant to
an agreement entered into under section 1382(c) of this title 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;
(B) the instructions of an Onsite Coordinator designated
under section 1421c(c) of this title; 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) of this section does not apply to actions of a
person described in that subsection that are grossly negligent or
that constitute willful misconduct.
-SOURCE-
(Pub. L. 92-522, title IV, Sec. 406, formerly title III, Sec. 306,
as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
106 Stat. 5064; renumbered title IV, Sec. 406, and amended Pub. L.
103-238, Sec. 24(b), (c)(3), (4), Apr. 30, 1994, 108 Stat. 565,
566.)
-MISC1-
AMENDMENTS
1994 - Subsec. (a)(2)(A), (B). Pub. L. 103-238, Sec. 24(c)(3),
(4), made technical amendment to references to section 1421c of
this title to reflect renumbering of corresponding section of
original act.
-End-
-CITE-
16 USC Sec. 1421f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE
-HEAD-
Sec. 1421f. National Marine Mammal Tissue Bank and tissue analysis
-STATUTE-
(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 Tissue Bank".
(2) Guidance for marine mammal tissue collection, preparation,
and archiving
The Secretary shall, in consultation with individuals with
knowledge and expertise in marine science, marine mammal science,
marine mammal veterinary and husbandry practices, and marine
conservation, issue guidance, after an opportunity for public
review and comment, for marine mammal tissue collection,
preparation, archiving, and quality control procedures, regarding
-
(A) appropriate and uniform methods and standards for those
activities to provide confidence 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 mammal science,
marine mammal veterinary and husbandry practices, and marine
conservation, issue guidance, after an opportunity for public
review and comment, for analyzing tissue samples (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
mammals, including relevant data on marine mammal tissues
collected for and maintained in the Tissue Bank.
(2) Contents
The data base established under this subsection shall include -
(A) reference data on the health of marine mammals and
populations 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 comment, for access to -
(1) marine mammal tissues in the Tissue Bank;
(2) analyses conducted pursuant to subsection (b) of this
section; and
(3) marine mammal data in the data base maintained under
subsection (c) of this section;
which provide for appropriate uses of the tissues, analyses, and
data by qualified scientists, including stranding network
participants.
-SOURCE-
(Pub. L. 92-522, title IV, Sec. 407, formerly title III, Sec. 307,
as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
106 Stat. 5065; renumbered title IV, Sec. 407, Pub. L. 103-238,
Sec. 24(b), Apr. 30, 1994, 108 Stat. 565.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1421g, 1421h of this
title.
-End-
-CITE-
16 USC Sec. 1421f-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE
-HEAD-
Sec. 1421f-1. John H. Prescott Marine Mammal Rescue Assistance
Grant Program
-STATUTE-
(a) In general
(1) Subject to the availability of appropriations, the Secretary
shall conduct a grant program to be known as the John H. Prescott
Marine Mammal Rescue Assistance Grant Program, to provide grants to
eligible stranding network participants for the recovery or
treatment of marine mammals, the collection of data from living or
dead stranded marine mammals for scientific research regarding
marine mammal health, and facility operation costs that are
directly related to those purposes.
(2)(A) The Secretary shall ensure that, to the greatest extent
practicable, funds provided as grants under this subsection are
distributed equitably among the stranding regions designated as of
December 21, 2000, and in making such grants shall give preference
to those facilities that have established records for rescuing or
rehabilitating sick and stranded marine mammals in each of the
respective regions, or subregions.
(B) In determining priorities among such regions, the Secretary
may consider -
(i) any episodic stranding or any mortality event other than an
event described in section 1421h(6) of this title, that occurred
in any region in the preceding year;
(ii) data regarding average annual strandings and mortality
events per region; and
(iii) the size of the marine mammal populations inhabiting a
geographic area within such a region.
(b) Application
To receive a grant under this section, a stranding network
participant shall submit an application in such form and manner as
the Secretary may prescribe.
(c) Consultation
The Secretary shall consult with the Marine Mammal Commission, a
representative from each of the designated stranding regions, and
other individuals who represent public and private organizations
that are actively involved in rescue, rehabilitation, release,
scientific research, marine conservation, and forensic science
regarding stranded marine mammals, regarding the development of
criteria for the implementation of the grant program and the
awarding of grants under the program.
(d) Limitation
The amount of a grant under this section shall not exceed
$100,000.
(e) Matching requirement
(1) In general
The non-Federal share of the costs of an activity conducted
with a grant under this section shall be 25 percent of such
costs.
(2) In-kind contributions
The Secretary may apply to the non-Federal share of an activity
conducted with a grant under this section the amount of funds,
and the fair market value of property and services, provided by
non-Federal sources and used for the activity.
(f) Administrative expenses
Of amounts available each fiscal year to carry out this section,
the Secretary may expend not more than 6 percent or $80,000,
whichever is greater, to pay the administrative expenses necessary
to carry out this section.
(g) Definitions
In this section:
(1) Designated stranding region
The term "designated stranding region" means a geographic
region designated by the Secretary for purposes of administration
of this subchapter.
(2) Secretary
The term "Secretary" has the meaning given that term in section
1362(12)(A) of this title.
(h) Authorization of appropriations
There are authorized to be appropriated to carry out this section
$5,000,000 for each of fiscal years 2001 through 2003, to remain
available until expended, of which -
(1) $4,000,000 may be available to the Secretary of Commerce;
and
(2) $1,000,000 may be available to the Secretary of the
Interior.
-SOURCE-
(Pub. L. 92-522, title IV, Sec. 408, as added Pub. L. 106-555,
title II, Sec. 202(a)(2), Dec. 21, 2000, 114 Stat. 2767.)
Prior Provisions
A prior section 408 of Pub. L. 92-522 was renumbered section 409,
and is classified to section 1421g of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1362 of this title.
-End-
-CITE-
16 USC Sec. 1421g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE
-HEAD-
Sec. 1421g. Authorization of appropriations
-STATUTE-
There is authorized to be appropriated -
(1) to the Secretary for carrying out this subchapter (other
than sections 1421d and 1421f of this title) $250,000 for each of
fiscal years 1993 and 1994;
(2) to the Secretary for carrying out section 1421f of this
title, $250,000 for each of fiscal years 1993 and 1994; and
(3) to the Fund, $500,000 for fiscal year 1993.
-SOURCE-
(Pub. L. 92-522, title IV, Sec. 409, formerly title III, Sec. 308,
as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
106 Stat. 5066; renumbered title IV, Sec. 408, and amended Pub. L.
103-238, Sec. 24(b), (c)(5), (6), Apr. 30, 1994, 108 Stat. 565,
566; renumbered Sec. 409, Pub. L. 106-555, title II, Sec.
202(a)(1), Dec. 21, 2000, 114 Stat. 2767.)
-MISC1-
AMENDMENTS
1994 - Par. (1). Pub. L. 103-238, Sec. 24(c)(5), made technical
amendment to references to sections 1421d and 1421f of this title
to reflect renumbering of corresponding sections of original act.
Par. (2). Pub. L. 103-238, Sec. 24(c)(6), made technical
amendment to reference to section 1421f of this title to reflect
renumbering of corresponding section of original act.
-End-
-CITE-
16 USC Sec. 1421h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE
-HEAD-
Sec. 1421h. Definitions
-STATUTE-
In this subchapter, the following definitions apply:
(1) The term "Fund" means the Marine Mammal Unusual Mortality
Event Fund established by section 1421d(a) of this title.
(2) The term "Office" means the Office of Protected Resources,
in the National Marine Fisheries Service.
(3) The term "stranding" means an event in the wild in which -
(A) a marine mammal is dead and is -
(i) on a beach or shore of the United States; or
(ii) in waters under the jurisdiction of the United States
(including any navigable waters); or
(B) a marine mammal is alive and is -
(i) on a beach or shore of the United States and unable to
return to the water;
(ii) on a beach or shore of the United States and, although
able to return to the water, is in need of apparent medical
attention; or
(iii) in the waters under the jurisdiction of the United
States (including any navigable waters), but is unable to
return to its natural habitat under its own power or without
assistance.
(4) The term "stranding network participant" means a person who
is authorized by an agreement under section 1382(c) of this title
to take marine mammals as described in section 1379(h)(1) of this
title in response to a stranding.
(5) The term "Tissue Bank" means the National Marine Tissue
Bank provided for under section 1421f(a) of this title.
(6) The term "unusual mortality event" means a stranding that -
(A) is unexpected;
(B) involves a significant die-off of any marine mammal
population; and
(C) demands immediate response.
-SOURCE-
(Pub. L. 92-522, title IV, Sec. 410, formerly title III, Sec. 309,
as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
106 Stat. 5066; renumbered title IV, Sec. 409, and amended Pub. L.
103-238, Sec. 24(b), (c)(7), (8), Apr. 30, 1994, 108 Stat. 565,
566; renumbered Sec. 410, Pub. L. 106-555, title II, Sec.
202(a)(1), Dec. 21, 2000, 114 Stat. 2767.)
-MISC1-
AMENDMENTS
1994 - Par. (1). Pub. L. 103-238, Sec. 24(c)(7), made technical
amendment to reference to section 1421d(a) of this title to reflect
renumbering of corresponding section of original act.
Par. (5). Pub. L. 103-238, Sec. 24(c)(8), made technical
amendment to reference to section 1421f(a) of this title to reflect
renumbering of corresponding section of original act.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1421f-1 of this title.
-End-