§ 1421e. — Liability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1421e]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER V--MARINE MAMMAL HEALTH AND STRANDING RESPONSE
Sec. 1421e. Liability
(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.
(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.)
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.
