§ 1421c. — Unusual mortality event response.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1421c]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER V--MARINE MAMMAL HEALTH AND STRANDING RESPONSE
Sec. 1421c. Unusual mortality event response
(a) Response
(1) Working group
(A) The Secretary, acting through the Office, shall establish,
in consultation with the Secretary of the Interior, a marine mammal
unusual mortality event working group, consisting of individuals
with knowledge and experience in marine science, marine mammal
science, marine mammal veterinary and husbandry practices, marine
conservation, and medical science, to provide guidance to the
Secretary and the Secretary of the Interior for--
(i) determining whether an unusual mortality event is
occurring;
(ii) determining, after an unusual mortality event has
begun, if response actions with respect to that event are no
longer necessary; and
(iii) developing the contingency plan in accordance with
subsection (b) of this section, to assist the Secretary in
responding to unusual mortality events.
(B) The Federal Advisory Committee Act (5 App. U.S.C.) shall not
apply to the marine mammal unusual mortality event working group
established under this paragraph.
(2) Response timing
The Secretary, in consultation with the Secretary of the
Interior, shall to the extent necessary and practicable--
(A) within 24 hours after receiving notification 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 notification--
(i) make a determination as to whether an unusual
mortality event is occurring;
(ii) inform the stranding network participant of that
determination; and
(iii) if the Secretary has determined an unusual
mortality event is occurring, designate an Onsite
Coordinator for the event, in accordance with subsection (c)
of this section.
(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 responding 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 diagnosing 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 mortality
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
mortality 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 the affected populations of
marine mammals; and
(iv) identify any roles played in an unusual mortality
event by physical, chemical, and biological factors,
including contaminants.
(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
unusual mortality event, who shall make immediate recommendations to
the stranding network participants on how to proceed with response
activities.
(B) An Onsite Coordinator so designated shall be one or more
appropriate Regional Directors of the National Marine Fisheries
Service or the United States Fish and Wildlife Service, or their
designees.
(C) If, because of the wide geographic distribution, multiple
species of marine mammals involved, or magnitude of an unusual
mortality event, more than one Onsite Coordinator is designated, the
Secretary shall, in consultation with the Secretary of the Interior,
designate which of the Onsite Coordinators shall have primary
responsibility with respect 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
unusual mortality event in accordance with the contingency plan
issued under subsection (b) of this section, 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 professional judgment; and
(ii) the contingency plan may be temporarily 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 Onsite Coordinator under this subchapter.
(Pub. L. 92-522, title IV, Sec. 404, formerly title III, Sec. 304, as
added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992, 106 Stat.
5062; renumbered title IV, Sec. 404, Pub. L. 103-238, Sec. 24(b), Apr.
30, 1994, 108 Stat. 565.)
References in Text
The Federal Advisory Committee Act, referred to in subsec.
(a)(1)(B), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5, Government Organization and
Employees.
Section Referred to in Other Sections
This section is referred to in sections 1421, 1421d, 1421e of this
title.
