§ 1421f. — National Marine Mammal Tissue Bank and tissue analysis.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1421f]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER V--MARINE MAMMAL HEALTH AND STRANDING RESPONSE
Sec. 1421f. National Marine Mammal Tissue Bank and tissue
analysis
(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.
(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.)
Section Referred to in Other Sections
This section is referred to in sections 1421g, 1421h of this title.
