§ 1421a. — Determination; data collection and dissemination.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1421a]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER V--MARINE MAMMAL HEALTH AND STRANDING RESPONSE
Sec. 1421a. Determination; data collection and dissemination
(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 mammal science, marine mammal
veterinary and husbandry practices, and marine conservation, including
stranding network participants, develop 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, periodically, existing information on--
(1) procedures and practices for--
(A) rescuing and rehabilitating stranded marine mammals,
including criteria used by stranding network participants, on a
species-by-species basis, for determining at what point a marine
mammal undergoing rescue and rehabilitation is returnable to the
wild; and
(B) collecting, preserving, labeling, and transporting
marine mammal tissues for physical, chemical, and biological
analyses;
(2) appropriate scientific literature on marine mammal health,
disease, and rehabilitation;
(3) strandings, which the Secretary shall compile and analyze,
by region, to monitor species, numbers, conditions, and causes of
illnesses and deaths of stranded marine mammals; and
(4) other life history and reference level data, including
marine mammal tissue analyses, that would allow comparison of the
causes of illness and deaths in stranded marine mammals with
physical, chemical, and biological environmental parameters.
(c) Availability
The Secretary shall make information collected under this section
available to stranding network participants and other qualified
scientists.
(Pub. L. 92-522, title IV, Sec. 402, formerly title III, Sec. 302, as
added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992, 106 Stat.
5061; renumbered title IV, Sec. 402, Pub. L. 103-238, Sec. 24(b), Apr.
30, 1994, 108 Stat. 565.)
Implementation
Section 3003(b) of Pub. L. 102-587 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 enactment of this Act [Nov. 4, 1992]--
``(A) develop and implement objective criteria to determine
at what point a marine mammal undergoing 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 mortality 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.''
Section Referred to in Other Sections
This section is referred to in section 1374 of this title.
