U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–386 

Calendar No. 690 

MARINE MAMMAL RESEARCH AND 

RESPONSE ACT OF 2016 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 3059 

NOVEMBER 28, 2016.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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1 Congressional Research Service Report RL30120, The Marine Mammal Protection Act: Reauthorization Issues, by Eugene H. Buck. 

Calendar No. 690 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–386 

MARINE MAMMAL RESEARCH AND RESPONSE ACT OF 2016 

NOVEMBER 28, 2016.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 3059] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 3059) to reauthorize and amend the 

John H. Prescott Marine Mammal Rescue and Response Grant Program and for other purposes, having considered the same, reports 

favorably thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 3059 is to reauthorize and amend the John H. 

Prescott Marine Mammal Rescue and Response Grant Program. It 

would authorize the John H. Prescott Marine Mammal Rescue and 

Rapid Response Fund and establish the Marine Mammal Health 

Map, which would be incorporated into the National Integrated 

Coastal and Ocean Observation System. Lastly, it would require reporting to Congress on data collection and gaps by the Administrator of the National Oceanic and Atmospheric Administration 

(NOAA). 

BACKGROUND AND NEEDS

The Marine Mammal Protection Act of 1972 (MMPA) was enacted in large part due to the overwhelming public outcry regarding the high levels of dolphin mortalities in the Pacific tuna fishery, which were estimated at more than 400,000 mortalities per 

year.1 A signature piece of the MMPA was the establishment of a 

moratorium on the ‘‘taking’’ of marine mammals in U.S. waters. 

The bill authorized the Secretaries of Commerce and the Interior 


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2 

2 Ibid. 

3 Ibid. 

4 Ibid. 

5 Ibid. 

6 16 U.S.C. 1421f–1 

7 National Oceanic and Atmospheric Administration, ‘‘The John H. Prescott Marine Mammal 

Rescue Assistance Grant Program,’’ 2010, at http://www.nmfs.noaa.gov/pr/health/prescott/prescottlreportl01-10lfinal.pdf. 8 Ibid. 

9 National Oceanic and Atmospheric Administration, NOAA Fisheries, ‘‘Marine Mammal 

Stranding Response Fact Sheet,’’ at http://www.nmfs.noaa.gov/pr/pdfs/health/strandinglfactlsheet.pdf. 10 Ibid. 11 Ibid. 

to issue permits for the ‘‘taking’’ of marine mammals for certain 

purposes.2 The MMPA shifted all marine mammal management 

authority to the Federal Government, dividing the species among 

NOAA and the Fish and Wildlife Service (FWS).3

Permits for the ‘‘taking’’ of marine mammals may be provided for 

scientific research, public display, and activities related to commercial fishing or offshore oil and gas exploration. The survival and recovery of the species or stock, and whether or not the stock is depleted, is taken into consideration when issuing a permit.4

Authorization of appropriations expired at the end of fiscal year 

(FY) 1999 after the last reauthorization of the MMPA in 1994. The 

last reauthorization addressed a 1988 commercial fishing exemption that expired at the end of FY 1993 by indefinitely authorizing 

the taking of marine mammals incidental to commercial fishing operations, while providing a number of plans to help reduce the incidental takes.5

In 2000, the MMPA was amended by the Marine Mammal Rescue Assistance Act of 2000,6 establishing the John H. Prescott Marine Mammal Rescue Assistance Grant Program (Prescott Grant 

Program). The Prescott Grant Program is currently administered 

through the Marine Mammal Health and Stranding Response Program of the National Marine Fisheries Service. Funding levels for 

the grant have varied since its inception in 2001 with a high of 

$5.5 million. From 2001 to 2010, the Prescott Grant Program has 

awarded over $34.6 million through 392 grants to eligible members 

of the stranding network.7 In addition, a portion of funds have been 

used for emergency assistance during catastrophic stranding 

events, which amounts have varied up to $4 million depending on 

the incidents of mass strandings in a particular year.8

Marine mammal strandings 

Marine mammal strandings can be small scale events involving 

single animals or larger-scale events involving dozens of animals. 

Strandings occur for a variety of reasons.9 In some cases the cause 

of the stranding is unknown, but some identified causes include entanglements, ship strikes, illness or disease, injuries caused by natural predators, or unusual weather or oceanographic events.10

Stranding events provide a tremendous amount of information to 

researchers and managers.11 The information collected can provide 

insight into distributions, population health, contaminant levels, 

and diseases. Animals that are rescued by the stranding network 

are rehabilitated with the ultimate goal of being released back into 

the wild. Those that do not survive are used by researchers and scientists to better understand marine mammal populations. 


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SUMMARY OF PROVISIONS

If enacted, S. 3059 would do the following: 

∑ Reauthorize the Prescott Grant Program at $7,000,000 ($6,000,000 for Department of Commerce and $1,000,000 for Department of the Interior) for each of FYs 2017 through 2022. 

∑ Authorize the John H. Prescott Marine Mammal Rescue and 

Rapid Response Fund at $500,000 for each of FYs 2016 through 

2021. 

∑ Establish the Marine Mammal Health Map, which would be 

incorporated into the National Integrated Coastal and Ocean Observation System. 

∑ Require reporting to Congress on data collection and gaps by 

the Administrator of NOAA. 

S. 3059 would not reauthorize the bulk of the MMPA, rather it 

would reauthorize and amend one part of the MMPA, which is the 

John H. Prescott Marine Mammal Rescue and Response Grant Program. 

LEGISLATIVE HISTORY

S. 3059 was introduced on June 15, 2016, by Senator Cantwell 

and is cosponsored by Senators Sullivan, Murkowski, and Schatz. 

On June 29, 2016, the Committee met in open Executive Session 

and, by voice vote, ordered S. 3059 to be reported favorably with 

an amendment (in the nature of a substitute). Amendments were 

offered by Senators Booker and Wicker—all were accepted. 

The first amendment offered by Senator Booker (Booker 1) would 

clarify who may enter into certain agreements related to the John 

H. Prescott Marine Mammal Rescue and Response Program from 

‘‘any person’’ to ‘‘any eligible stranding network participant or 

stranding network collaborator.’’ The second amendment as modified by Senator Booker (Booker 2, modified) would modify the preferences given to awarding funds under the John H. Prescott Marine Mammal Rescue and Response Grant Program. The third 

amendment as modified by Senator Wicker (Wicker 1, modified) 

would make small changes to improve the bill. The fourth amendment as modified by Senator Wicker (Wicker 2, modified) would 

permit certain public displays of non-releasable marine mammals. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 3059—Marine Mammal Research and Response Act of 2016 

Summary: S. 3059 would reauthorize and amend the Marine 

Mammal Protection Act of 1972. The bill would authorize the appropriation of $10 million annually over the 2017–2021 period for 

the National Oceanic and Atmospheric Administration (NOAA) to 

carry out activities to improve marine mammal research and improve responses to emergency events involving marine mammals. 

CBO estimates that implementing S. 3059 would cost $37 million 

over the 2017–2021 period, assuming appropriation of the authorized amounts. Enacting S. 3059 could affect direct spending; thereVerDate Sep 11 2014 07:04 Nov 29, 2016 Jkt 069010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR386.XXX SR386

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fore, pay-as-you-go procedures apply. However, CBO estimates that 

the net effect on the budget would be negligible. Enacting S. 3059 

would not affect revenues. 

CBO estimates that enacting the legislation would not increase 

net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. 

S. 3059 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 3059 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2017– 

2021 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 10 10 10 10 10 50 

Estimated Outlays ........................................................................ 6 7 8 8 8 37 

Basis of estimate: For this estimate, CBO assumes S. 3059 will 

be enacted near the start of 2017 and that the authorized amounts 

will be appropriated for each fiscal year. 

S. 3059 would authorize the appropriation of $8 million annually 

over the 2017–2021 period for NOAA, in coordination with the Department of the Interior, to carry out the John H. Prescott Marine 

Mammal Rescue and Response Program. That program makes 

grants to specific public and private entities for the purposes of rescuing and rehabilitating marine mammals that are stranded on 

land. (In 2016, NOAA allocated $3 million for such grants.) 

In addition, the bill would authorize appropriations totaling 

about $2 million annually over the 2017–2021 period for NOAA to 

archive selected marine mammal tissues, compensate individuals 

who respond to emergencies involving large and unexpected die-offs 

in marine mammal populations, create and maintain a publicly accessible national system to monitor marine mammal health, and 

comply with other administrative requirements. 

Based on historical spending patterns for NOAA’s activities, CBO 

estimates that implementing S. 3059 would cost $37 million over 

the 2017–2021 period. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending and revenues. S. 3059 

would allow NOAA to accept and spend, without further appropriation, monetary gifts to assist in implementing a marine mammal 

health system. Such gifts would be recorded as offsetting receipts, 

which are treated as reductions in direct spending. Because CBO 

expects that monetary gifts would be spent soon after they are received, we estimate that the net change in direct spending would 

be negligible. Enacting S. 3059 would not affect revenues. 

Increase in long-term direct spending and deficits: CBO estimates that enacting S. 3059 would not increase net direct spending 

or on-budget deficits in any of the four consecutive 10-year periods 

beginning in 2027. 


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Intergovernmental and private-sector impact: S. 3059 contains no 

intergovernmental or private-sector mandates as defined in UM 

RA. By expanding federal grant programs that support research 

and response activities involving stranded or deceased marine 

mammals, the bill would benefit public entities involved in those 

activities. Any costs, including matching contributions, incurred by 

public entities under agreements with NOAA would result from 

participation in voluntary federal programs. 

Estimate prepared by: Federal costs: Robert Reese; Impact on 

state, local, and tribal governments: Jon Sperl; Impact on the private sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 3059, as reported, does not create any new programs or impose any new regulatory requirements, and therefore would not 

subject any individuals or businesses to new regulations. 

ECONOMIC IMPACT

The legislation is not expected to have a negative impact on the 

Nation’s economy. 

PRIVACY

The reported bill is not expected to impact the personal privacy 

of individuals. 

PAPERWORK

S. 3059 would require the Administrator of NOAA to submit to 

Congress a report summarizing the status of the Marine Mammal 

Health Map and gaps in data collection pursuant to the Marine 

Mammal Health Map. This report would be submitted not later 

than 1 year after the date of enactment of the Act. Additionally, 

not later than 5 years after the report is complete, and every 5 

years thereafter, the Administrator of NOAA would be required to 

submit a data gap analysis. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 


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SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

This section would provide the short title of the bill, the ‘‘Marine 

Mammal Research and Response Act of 2016.’’ 

Section 2. Data collection and dissemination. 

This section would provide for the inclusion of the word ‘‘entanglement,’’ or a similar phrase, into appropriate paragraphs in subsection (b) of section 402 of the MMPA (16 U.S.C. 1421a (b)) (regarding data collection). It also would strike subsection (c) of that 

section (governing data availability) and replace it with a more indepth subsection on data availability and another subsection on 

data reporting requirements. The data availability subsection 

would require the Secretary of Commerce to develop a program to 

make information, including data and metadata, collected under 

the MMPA available to researchers, stranding networks, and the 

public. Each stranding network participant would be required to 

submit information to NOAA, for inclusion in the Marine Mammal 

Health Map, not later than 30 days after the date that the information is available or updated, as applicable. This section contains the 

Wicker 2 amendment as modified that would permit certain public 

display of non-releasable marine mammals. 

Section 3. Stranding or entanglement response agreements. 

This section would amend section 403 of the MMPA (16 U.S.C. 

1421b) by including the terms ‘‘or entanglement’’ before ‘‘response’’ 

in the section heading. It also would add ‘‘or entanglement’’ to the 

end of subsection (a) of that section. This would allow the Secretary 

of Commerce to enter into an agreement under section 112(c) of the 

MMPA (16 U.S.C. 1382(c)) with any person to take marine mammals under section 109(h)(1) of the MMPA (16 U.S.C. 1379(h)(1)) 

in response to a stranding or an entanglement. 

Section 4. Unusual mortality event activity funding. 

This section would amend section 405 of the MMPA (16 U.S.C. 

1421d), which establishes the Marine Mammal Unusual Mortality 

Fund. The funds would be available for use by the Secretary of 

Commerce, in consultation with the Secretary of the Interior, for 

costs incurred as a result of an unusual mortality event. This section also would allow deposits into the fund from sums received for 

marine mammal conservation, including fines and penalties, and 

up to $750,000 per FY from amounts appropriated to the Secretary 

of Commerce for carrying out title IV and other titles in the 

MMPA. 

Section 5. Liability. 

This section would amend section 406(a) of the MMPA (16 U.S.C. 

1421e(a)) by including the terms ‘‘or entanglement’’ after ‘‘to a 

stranding.’’ This would add further liability protection to individuals responding to a stranding or entanglement. 


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Section 6. National marine mammal tissue bank and tissue analysis. 

This section would amend section 407 of the MMPA (16 U.S.C. 

1421f) by adding reference data on the mortality of marine mammals to the central database established under the MMPA. This 

section also would ensure that access to this data is made public. 

Section 7. John H. Prescott Marine Mammal Rescue and Response 

Grant Program and Rapid Response Fund. 

This section would amend section 408 of the MMPA (16 U.S.C. 

1421f-1), and rename the John H. Prescott Marine Mammal Rescue 

Assistance Grant Program as the John H. Prescott Marine Mammal Rescue Assistance Grant Program and Rapid Response Fund. 

The Prescott Grant Program would provide for: the recovery or 

treatment of sick, injured, or entangled marine mammals; marine 

mammal stranding events that require emergency assistance; the 

collection of data and samples from living or dead stranded marine 

mammals for scientific research; facility operation costs that are directly related to the aforementioned activities; and the development 

of stranding network capacity. The Secretary of Commerce could 

enter into contracts, grants, or agreements with any person to accomplish the purposes and would be required to ensure that funds 

awarded are distributed equitably among the stranding regions. 

Preference would be given to any facility with an established record 

of marine mammal rescue and rehabilitation or of scientific data 

collection and research on sick, stranded, or entangled marine 

mammals. 

The Secretary of Commerce, in consultation with the Marine 

Mammal Commission, a representative from each of the stranding 

regions, and other individuals who represent public and private organizations, would develop criteria for awarding grants. The maximum grant amount would be $200,000 for any 12-month period. This section would authorize appropriations at $7,000,000 for 

each of FY 2017 through 2022. This section also would authorize 

appropriations for the Rapid Response Fund at $500,000 for each 

of FY 2016 through 2021, and these funds would remain available 

until expended. The Rapid Response Fund would be available for 

use by the Secretary of Commerce to provide emergency assistance 

for a stranding event or entangling event. 

Section 8. Marine Mammal Health Map. 

This section would amend the MMPA to insert a new section to 

require, not later than 1 year after the date of enactment of the 

Act, the Secretary of Commerce, acting through the Administrator 

of NOAA, in consultation with the Secretary of the Interior and the 

Marine Mammal Commission, to establish a national marine mammal health and stranding observing system referred to as the Marine Mammal Health Map. This Marine Mammal Health Map 

would be incorporated into the National Integrated Coastal and 

Ocean Observation System (33 U.S.C. 3603) and be made publicly 

accessible. The purpose of the program would be to promote: interdisciplinary research; the timely and sustained dissemination and 

availability of data; the evaluation of marine mammal health; the 

improved collaboration and forecasting of marine mammal and 

larger ecosystem health events; rapid communication and dissemiVerDate Sep 11 2014 07:04 Nov 29, 2016 Jkt 069010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR386.XXX SR386

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nation of information regarding marine mammal strandings; increased accessibility of data in a user friendly visual interface; and 

an ocean health index. 

Section 9. Reports to Congress. 

This section would amend the MMPA to insert a new section to 

require, not later than 1 year after the date of enactment, the Administrator of NOAA, in consultation with the Secretary of the Interior, the Marine Mammal Commission, and the National Ocean 

Research Leadership Council, to submit to Congress a status report 

on the Marine Mammal Health Map. This report would include: a 

detailed evaluation of the data made publicly available; a list of 

any gaps in data collected; emerging marine mammal health concerns; and recommendations for the Marine Mammal Health Map. 

Not later than 5 years after the date of enactment, and every 5 

years thereafter, the Administrator of NOAA would be required to 

submit a data gap analysis to Congress. Not later than 1 year after 

the date of enactment, the Administrator of NOAA, in consultation 

with the Marine Mammal Commission and the Director of the 

FWS, would be required to submit to Congress a report on the response capabilities for sick and injured marine mammals in the 

Arctic regions of the United States. 

Section 10. Authorization of appropriations. 

This section would amend section 409 of the MMPA (16 U.S.C. 

1421g) to authorize appropriations for the Marine Mammal Health 

and Stranding Response title of the MMPA at $250,000 for each of 

FYs 2017 through 2022, and authorize $500,000 to the Marine 

Mammal Unusual Mortality Event Fund for each of FYs 2017 

through 2022. 

Section 11. Definitions. 

This section would amend section 410 of the MMPA (16 U.S.C. 

1421h) to define ‘‘entangle’’ or ‘‘entanglement’’ to mean an event in 

which a living or dead marine mammal has material wrapped 

around or attached to the marine mammal and is found on a shore 

or in the navigable waters of the United States. A ‘‘stranding region’’ would be defined to mean a geographic region designated by 

the Secretary of Commerce for purposes of administration of the 

MMPA. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

MARINE MAMMAL PROTECTION ACT OF 1972 

[16 U.S.C. 1361 et seq.] 

SEC. 402. DETERMINATION; DATA COLLECTION AND DISSEMINATION. 

[16 U.S.C. 1421a] 

(a) DETERMINATION FOR RELEASE.—The Secretary shall, in consultation with the Secretary of the Interior, the Marine Mammal 


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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 or entangled 

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) østrandings,¿ strandings and entanglements, including 

unusual mortality events, which the Secretary shall compile 

and analyze, by stranding region, to monitor species, numbers, 

conditions, and causes of illnesses and deaths of stranded ømarine mammals; and¿ and entangled marine mammals to allow 

comparison of the causes of illness and deaths in stranded and 

entangled marine mammals with physical, chemical, and biological environmental parameters; and 

(4) other life history and reference level data, including marine mammal tissue øanalyses, that would allow comparison of 

the causes of illness and deaths in stranded marine mammals 

with physical, chemical, and biological environmental parameters.¿ analyses. 

ø(c) AVAILABILITY.—The Secretary shall make information collected under this section available to stranding network participants and other qualified scientists.¿ 

(c) DATA AVAILABILITY.— (1) IN GENERAL.—The Secretary shall develop a program to 

make information, including any data and metadata, collected 

under subsection (b) available to researchers, stranding networks, and the public— 

(A) to improve real-time coordination of response to 

stranding and entanglement events across geographic areas 

and between stranding coordinators; 

(B) to identify and quickly disseminate information on 

potential public health risks; 

(C) to facilitate integrated interdisciplinary research; 

(D) to facilitate peer-reviewed publications; 

(E) to archive regional data into one national database 

for future analyses; and 

(F) for education and outreach activities. 

(2) PUBLIC ACCESS.—The Secretary shall ensure that— 

(A) all information, including data and metadata, collected under subsection (b) is archived in a form that is 


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readily accessible, understandable, and can be easily 

shared with, the public, as appropriate, through the Marine 

Mammal Health Map established under section 408A; and 

(B) not later than 60 days after the date that any information, including any data and metadata, collected under 

paragraph (1), (2), or (3) of subsection (b), is made readily 

available to stranding network participants, other qualified 

scientists, employees of the Federal Government, and the 

public through the Marine Mammal Health Map and the 

Integrated Ocean Observation System. 

(d) DATA REPORTING REQUIREMENTS.—The Secretary shall require each stranding network participant to submit to the National 

Oceanic and Atmospheric Administration, for inclusion in the Marine Mammal Health Map established under section 408A the following: 

(1) NOAA Form 89–864 (OMB #0648–0178) and NOAA Form 

89–878 (OMB #0648–0178), or similar successor form, not later 

than 30 days after the date of a response to a stranding or entanglement event. 

(2) The information, including any data and metadata, described in paragraphs (1) and (2) of subsection (b), not later 

than 30 days after the date that the information is available or 

updated, as applicable. 

(3) The information, including any data and metadata, described in paragraphs (3) and (4) of subsection (b), not later 

than 30 days after the date that the stranding network responds 

to a stranding or entanglement event. 

(e) PUBLIC DISPLAY OF MARINE MAMMALS.— (1) RESCUING FACILITY.—The facility rescuing and rehabilitating a stranded marine mammal that meets the public display criteria of this Act shall be given preference when the National Oceanic and Atmospheric Administration decides permanent placement of a marine mammal deemed non-releasable for 

public display purposes if— 

(A) the marine mammal is deemed non-releasable; and 

(B) the facility— 

(i) meets the public display criteria of the Act and 

the Animal Welfare Act (7 U.S.C. 2131 et seq.); and 

(ii) meet the requirements for maintenance and care 

established by the Animal and Plant Health Inspection 

Service of the United States Department of Agriculture. 

(2) EXPLANATION.—If the facility that rescued and rehabilitated the marine mammal was not chosen for permanent placement, the National Oceanic and Atmospheric Administration 

shall provide written documentation to that facility explaining 

why the applicant has not met the requirements of this Act and 

the Animal Welfare Act. 

(3) OTHER FACILITY.—A licensed public display facility in a 

contiguous geographic area where a marine mammal stranded 

and later deemed non-releasable by a stranding facility shall be 

given preference to acquire the marine mammal. 

SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS. 

[16 U.S.C. 1421b] 

(a) IN GENERAL.—The Secretary may enter into an agreement 

under section 112(c) with any person to take marine mammals 


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under section 109(h)(1) in response to a strandingø.¿ or entanglement. 

(b) REQUIRED PROVISION.—An agreement authorized by subsection (a) shall— 

(1) specify each person who is authorized to perform activities under the agreement; and 

(2) specify any terms and conditions under which a person 

so specified may delegate that authority to another person. 

(c) REVIEW.—The Secretary shall periodically review agreements 

under section 112(c) that are entered into pursuant to this title, for 

performance adequacy and effectiveness. 

SEC. 405. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING. 

[16 U.S.C. 1421d] 

(a) ESTABLISHMENT OF FUND.—There is established in the Treasury an interest bearing fund to be known as the ‘‘Marine Mammal 

Unusual Mortality Event Fund’’, which shall consist of amounts deposited into the Fund under subsection (c). 

ø(b) USES.— ø(1) IN GENERAL.—Amounts in the Fund— 

ø(A) shall be available only for use by the Secretary, in 

consultation with the Secretary of the Interior— 

ø(i) to compensate persons for special costs incurred 

in acting in accordance with the contingency plan 

issued under section 404(b) or under the direction of 

an Onsite Coordinator for an unusual mortality event; 

ø(ii) for reimbursing any stranding network participant for costs incurred in preparing and transporting 

tissues collected with respect to an unusual mortality 

event for the Tissue Bank; and 

ø(iii) for care and maintenance of marine mammal 

seized under section 104(c)(2)(D); and 

ø(B) shall remain available until expended. 

ø(2) PENDING CLAIMS.—If sufficient amounts are not available in the Fund to satisfy any authorized pending claim, such 

claim shall remain pending until such time as sufficient 

amounts are available. All authorized pending claims shall be 

satisfied in the order received.¿ 

(b) USES.—Amounts in the Fund— 

(1) shall be available only for use by the Secretary, in consultation with the Secretary of the Interior and dispersed 

among claimants based on budgets approved by the Secretary 

prior to expenditure— 

(A) to make advance, partial, or progress payments under 

contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs incurred in acting 

in accordance with the contingency plan issued under section 404(b) or under the direction of an Onsite Coordinator 

for an unusual mortality event; 

(B) for reimbursing any stranding network participant 

for costs incurred in the collection, preparation, analysis, 

and transportation of marine mammal tissues and samples 

collected with respect to an unusual mortality event, including such transportation, for the Tissue Bank; and 

(C) for care and maintenance of marine mammal seized 

under section 104(c)(2)(D); and 


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(2) shall remain available until expended. 

(c) DEPOSITS INTO THE FUND.—There shall be deposited into the 

Fund— 

(1) amounts appropriated to the Fund; 

(2) other amounts appropriated to the Secretary for use with 

respect to unusual mortality events; øand¿ 

(3) amounts received by the United States in the form of 

gifts, devises, and bequests under subsection (d)ø.¿; 

(4) sums received for marine mammal conservation, including 

assessment costs, fines, penalties, restitution, and forfeitures of 

property for violations of any provision of this Act or other environmental statute and sums received from emergency declaration grants for marine mammal conservation; and 

(5) up to $750,000 per fiscal year, as determined by the Secretary of Commerce and the Secretary of the Interior, from 

amounts appropriated to the Secretary for carrying out this title 

and other titles of this Act. 

(d) ACCEPTANCE OF DONATIONS.—For purposes of carrying out 

this title and section 104(c)(2)(D), the Secretary may accept, solicit, 

and use the services of volunteers, and may accept, solicit, receive, 

hold, administer, and use gifts, devises, and bequests. 

SEC. 406. LIABILITY. 

[16 U.S.C. 1421e] 

(a) IN GENERAL.—A person who is authorized to respond to a 

stranding or entanglement pursuant to an agreement entered into 

under section 112(c) is deemed to be an employee of the government for purposes of chapter 171 of title 28, United States Code, 

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 404(b); 

(B) the instructions of an Onsite Coordinator designated 

under section 404(c); 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) does not apply to actions of a 

person described in that subsection that are grossly negligent or 

that constitute willful misconduct. 

SEC. 407. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE 

ANALYSIS. 

[16 U.S.C. 1421f] 

* * * * * * * 

(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— 


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(A) reference data on øthe health of marine mammals 

and¿ marine mammal health and mortality and the health 

of 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 public access to— 

(1) marine mammal tissues in the Tissue Bank; 

(2) analyses conducted pursuant to subsection (b); and 

(3) marine mammal data in the data base maintained under 

subsection (c); 

which provide for appropriate uses of the tissues, analyses, and 

data by qualified scientists, including stranding network participants. 

øSEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE 

GRANT PROGRAM. 

[16 U.S.C. 1421f-1] 

ø(a) IN GENERAL.— 

ø(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. 

ø(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 the date of the enactment of the Marine Mammal Rescue Assistance Act of 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. 

ø(B) In determining priorities among such regions, the 

Secretary may consider— 

ø(i) any episodic stranding or any mortality event 

other than an event described in section 410(6), that 

occurred in any region in the preceding year; 

ø(ii) data regarding average annual strandings and 

mortality events per region; and 

ø(iii) the size of the marine mammal populations inhabiting a geographic area within such a region. 

ø(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. 

ø(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, reVerDate Sep 11 2014 07:04 Nov 29, 2016 Jkt 069010 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\SR386.XXX SR386

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garding the development of criteria for the implementation of the 

grant program and the awarding of grants under the program. 

ø(d) LIMITATION.—The amount of a grant under this section shall 

not exceed $100,000. 

ø(e) MATCHING REQUIREMENT.— 

ø(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. 

ø(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. 

ø(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. 

ø(g) DEFINITIONS.—In this section: 

ø(1) DESIGNATED STRANDING REGION.—The term ‘‘designated 

stranding region’’ means a geographic region designated by the 

Secretary for purposes of administration of this title. 

ø(2) SECRETARY.—The term ‘‘Secretary’’ has the meaning 

given that term in section 3(12)(A). 

ø(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— 

ø(1) $4,000,000 may be available to the Secretary of Commerce; and 

ø(2) $1,000,000 may be available to the Secretary of the Interior.¿ 

SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM AND RAPID RESPONSE FUND. 

(a) JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE

GRANT PROGRAM.— 

(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall conduct a grant program to be known 

as the John H. Prescott Marine Mammal Rescue and Response 

Grant Program (hereinafter in this section referred to as the 

‘‘Grant Program’’) to award grants to eligible stranding network 

participants or stranding network collaborators as described in 

this subsection. 

(2) PURPOSES.—The purposes of the Grant Program are to 

provide for— 

(A) the recovery, care, or treatment of sick, injured, or entangled marine mammals; 

(B) marine mammal stranding events that require emergency assistance; 

(C) the collection of data and samples from living or 

dead stranded marine mammals for scientific research regarding marine mammal health; 

(D) facility operating costs that are directly related to activities described in subparagraph (A), (B), or (C); and 


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(E) development of Stranding Network capacity, including training for emergency response, where facilities do not 

exist or are sparse. 

(3) CONTRACT, GRANT, AND COOPERATIVE AGREEMENT AUTHORITY.—The Secretary may enter into a contract, grant, or cooperative agreement with any eligible stranding network participant or stranding network collaborator, as the Secretary determines appropriate, for the purposes described in paragraph (2). 

(4) EQUITABLE DISTRIBUTION OF FUNDS.— 

(A) IN GENERAL.—The Secretary shall ensure, to the extent practicable, that funds awarded under the Grant Program are distributed equitably among the stranding regions. 

(B) PREFERENCES.—The Secretary shall give preference to 

awarding funds under the Grant Program in each stranding region to any facility with an established record of marine mammal rescue and rehabilitation. 

(C) CONSIDERATIONS.—In determining priorities among 

the stranding regions under this paragraph, the Secretary 

may consider— 

(i) any episodic stranding, entanglement, or mortality event, except for an unusual mortality event, that 

occurred in any stranding region in the preceding year; 

(ii) any data regarding average annual stranding, 

entanglements, and mortality events per stranding region; 

(iii) the size of the marine mammal populations inhabiting a geographic area within a stranding region; 

and 

(iv) the conservation of protected, threatened, or endangered marine mammal species. 

(5) APPLICATION.—To apply for a grant under the Grant Program a stranding network participant shall— 

(A) submit an application in such form and manner as 

the Secretary prescribes; and 

(B) comply with the data reporting requirements of section 402(d). 

(6) CONSULTATION.—The Secretary shall consult with the Marine Mammal Commission, a representative from each of the 

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 to 

develop criteria for awarding grants under the Grant Program. 

(7) LIMITATIONS.— 

(A) MAXIMUM GRANT AMOUNT.—No grant made under the 

Grant Program for a single project may exceed $150,000 in 

any 12-month period. 

(B) UNEXPENDED FUNDS.—Any funds awarded under the 

Grant Program that are unexpended or unobligated at the 

end a 12-month period shall remain available until expended. 

(C) LIMITATION.—A new grant shall not be awarded until 

the first grants funds are expended. 


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(8) MATCHING REQUIREMENT.—The non-Federal share of the 

costs of an activity conducted with funds awarded under the 

Grant Program shall be 25 percent of such costs. 

(9) ADMINISTRATIVE COSTS AND EXPENSES.—Of the amounts 

available each fiscal year to carry out the Grant Program, the 

Secretary may expend not more than 6 percent or $80,000, 

whichever is greater, to pay the administrative costs and expenses related to reviewing and awarding grants under the 

Grant Program. 

(b) JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RAPID RESPONSE FUND.— 

(1) IN GENERAL.—There is established in the Treasury of the 

United States an interest-bearing fund to be known as the 

‘‘John H. Prescott Marine Mammal Rescue and Rapid Response 

Fund’’ (hereinafter in this section referred to as the ‘‘Fund’’). 

(2) USE OF FUNDS.—Amounts in the Fund shall be available 

only for use by the Secretary to provide emergency assistance. 

(3) MATCHING REQUIREMENT.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the non-Federal share of the costs of an activity conducted with amounts from the Fund shall be 25 percent of 

such costs. 

(B) WAIVER.—The Secretary may waive the matching requirement under subparagraph (A) for activities to provide 

emergency assistance. 

(C) IN-KIND CONTRIBUTIONS.—The Secretary may apply 

to the non-Federal share of an activity conducted with 

amounts from the Fund, the amount of funds and the fair 

market value of property and services provided by non-Federal sources and used for the activity. 

(c) EMERGENCY ASSISTANCE DEFINED.—In this section: 

(1) IN GENERAL.—The term ‘‘emergency assistance’’ means— 

(A) financial assistance provided for a stranding event or 

entangling event that— 

(i) causes an immediate increase in the cost of a response, recovery, or rehabilitation that is greater than 

the usual or allocated cost of a response, recovery, or 

rehabilitation; 

(ii) is cyclical or endemic; and 

(iii) involves a marine mammal that is out of the 

normal habitat for that marine mammal; or 

(B) financial assistance provided for a stranding event or 

an entanglement event that the Secretary considers to be an 

emergency. 

(2) EXCLUSIONS.—The term ‘‘emergency assistance’’ does not 

include financial assistance to respond to an unusual mortality 

event. 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be appropriated to 

carry out the Grant Program $7,000,000 for each of fiscal years 

2017 through 2022, to remain available until expended, of 

which for each fiscal year— 

(A) $6,000,000 may be available to the Secretary of Commerce; and 


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(B) $1,000,000 may be available to the Secretary of the 

Interior. 

(2) JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RAPID

RESPONSE FUND.— (A) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Fund $500,000 for each 

of fiscal years 2016 through 2021. 

(B) TRANSFER OF FUNDS.—In addition to amounts appropriated pursuant to an authorization of appropriations in 

subparagraph (A), there shall be deposited into the Fund 

up to $500,000 for each fiscal year (as determined by the 

Secretary) from amounts appropriated to the Secretary for 

carrying out this title and other titles of this Act. 

(C) AVAILABILITY OF FUNDS.—Amounts in the Fund shall 

remain available until expended without regard to any law 

related to the negotiation, award, or administration of any 

contract, grant, or cooperative agreement. 

(e) ACCEPTANCE OF DONATIONS.—For purposes of carrying out 

this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. 

SEC. 408A. MARINE MAMMAL HEALTH MAP. 

(a) IN GENERAL.—Not later than 1 year after the date of the enactment of the Marine Mammal Research and Response Act of 2016, 

the Secretary, acting through the Administrator of the National 

Oceanic and Atmospheric Administration, in consultation with the 

Secretary of the Interior and the Marine Mammal Commission, 

shall— 

(1) establish a national marine mammal health and stranding observing system referred to as the Marine Mammal Health 

Map; 

(2) incorporate the Marine Mammal Health Map into the National Integrated Coastal and Ocean Observation System established under section 12304 of the Integrated Coastal and Ocean 

Observation System Act of 2009 (33 U.S.C. 3603); and 

(3) make the Marine Mammal Health Map— 

(A) publically accessible through the Integrated Coastal 

and Ocean Observation System’s web portal; and 

(B) interoperable with other national data systems or for 

management or research purposes, as practicable. 

(b) PURPOSES.—The purposes of the Marine Mammal Health Map 

are to promote— 

(1) interdisciplinary research among individuals with knowledge and experience in marine mammal science, marine mammal veterinary and husbandry practices, and medical science, 

oceanographers, and other marine scientists; 

(2) the timely and sustained dissemination and availability of 

marine mammal health, stranding, entanglement, and mortality data; 

(3) the identification of spatial and temporal patterns of marine mammal mortality, disease, and stranding; 

(4) the evaluation of marine mammal health in terms of mortality as well as sublethal marine mammal health impacts; 

(5) the improved collaboration and forecasting of marine 

mammal and larger ecosystem health events; 


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(6) rapid communication and dissemination of marine mammal strandings that may have implications for human health, 

such as harmful algal blooms; 

(7) the increased accessibility of data in a user friendly visual 

interface for public education and outreach activities; and 

(8) contribute to an ocean health index which incorporates 

marine mammal health data. 

(c) REQUIREMENTS.—The Marine Mammal Health Map shall— 

(1) integrate in situ, remote, and other marine mammal 

health, stranding, and mortality data, including visualization 

and metadata, from persons authorized to collect data on marine mammals, including the stranding network, Federal, State, 

and tribal governments, private partners, and academia; 

(2) be designed to enhance data and information availability, 

including data sharing between stranding network participants, 

scientists, and the public across stranding network regions; 

(3) be designed to facilitate data and information access 

across scientific disciplines, scientists, and managers; 

(4) be designed to facilitate public access to national and regional marine mammal health, stranding, entanglement, and 

mortality data, including visualizations and metadata, through 

the Integrated Coastal and Ocean Observation System’s national and regional data portals.; and 

(5) be designed in collaboration with, and with input from, 

States and stranding network participants. 

(d) PROCEDURES AND GUIDELINES.—The Secretary shall implement policies, protocols, and standards for— 

(1) the reporting requirements for marine mammal health 

data collected by stranding networks consistent with subsections (c) and (d) of section 402; 

(2) the timely transmission of health data from the stranding 

networks and other appropriate data providers to the Marine 

Mammal Health Map; 

(3) the timely and sustained dissemination and availability to 

the public of marine mammal health, stranding, entanglement, 

and mortality data; and 

(4) the integration of other marine mammal health, stranding, or other data as the Secretary determines appropriate. 

(e) COORDINATION.—The Administrator of the National Oceanic 

and Atmospheric Administration shall carry out the Marine Mammal Health Map in consultation with the Secretary of the Interior, 

the Marine Mammal Commission, and the National Ocean Research Leadership Council. 

(f) CONTRIBUTIONS.—For purposes of carrying out this section, the 

Secretary may solicit, accept, receive, hold, administer, and use 

gifts, devises, and bequests without any further approval or administrative action. 

SEC. 408B. REPORTS TO CONGRESS. 

(a) APPROPRIATE COMMITTEES OF CONGRESS.—In this section, the 

term ‘‘appropriate committees of Congress’’ means the Committee on 

Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, 

and Technology of the House of Representatives. 

(b) MARINE MAMMAL HEALTH MAP STATUS REPORT.—Not later 

than 1 year after the date of the enactment of the Marine Mammal 


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Research and Response Act of 2016, the Administrator of the National Oceanic and Atmospheric Administration, in consultation 

with the Marine Mammal Commission, the Secretary of the Interior, 

and the National Ocean Research Leadership Council, shall submit 

to the appropriate committees of Congress a report on the status of 

the Marine Mammal Health Map. Such report shall include the following: 

(1) A detailed evaluation of the data made publically available through the Marine Mammal Health Map. 

(2) A detailed list of any gaps in data collected pursuant to 

the Marine Mammal Health Map, a description of the reasons 

for such gaps, and recommendations to close such gaps. 

(3) An analysis of the effectiveness of using the website of the 

Integrated Coastal and Ocean Observation System as a tool to 

collect, organize, visualize, archive, and disseminate marine 

mammal stranding and health data. 

(4) A list of publications, presentations, or other relevant 

work product resulting from, or in collaboration with, such Marine Mammal Health Map. 

(5) A description of emerging marine mammal health concerns and the applicability of such concerns to human health. 

(6) An analysis of the feasibility of the Integrated Coastal and 

Ocean Observation System to be used as an alert during 

stranding events, entanglement events, and unusual mortality 

events for the stranding network, Integrated Coastal and Ocean 

Observation System partners, Marine Mammal Health Map 

partners, Federal and State agencies, and local and tribal governments. 

(7) An evaluation of the use of Marine Mammal Health Map 

data to predict broader ecosystem events and changes that may 

impact marine mammal or human health and specific examples 

of proven or potential uses of Integrated Coastal and Ocean Observation System data for these purposes. 

(8) Recommendations for the Marine Mammal Health Map 

related to— 

(A) filling any identified data gaps; 

(B) data standards that could be used to improve data 

accessibility, transmission, interoperability, and sharing; 

(C) any other strategies that would contribute to the effectiveness and usefulness of the Marine Mammal Health 

Map; and 

(D) the funding levels needed to carry out the Marine 

Mammal Health Map. 

(c) DATA GAP ANALYSIS.—Not later than 5 years after the date 

that the report required by subsection (b) is submitted, and every 5 

years thereafter, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the Secretary of the Interior, shall submit to 

the appropriate committees of Congress a data gap analysis. Such 

analysis shall include the following: 

(1) An overview of existing participants within the Marine 

Mammal Stranding Network. 

(2) An identification of participant gaps within the Network. 

(3) An identification of data and reporting gaps from members of the Network. 


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(4) An analysis of how stranding and health data is shared 

and made available to scientists, academics, State, local, and 

tribal governments, and the public. 

(d) RESCUE AND RESPONSE CAPABILITIES IN THE ARCTIC.—Not 

later than 1 year after the date of the enactment of the Marine 

Mammal Research and Response Act of 2016, the Administrator of 

the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the Director of the 

United States Fish and Wildlife Service, shall submit to the appropriate committees of Congress a report on the response capabilities 

for sick and injured marine mammals in the Arctic regions of the 

United States. Such report shall include the following: 

(1) A description of all stranding agreements in place in the 

Arctic regions of the United States, including species covered, 

response capabilities, facilities, and data collection and analysis 

capabilities. 

(2) A list of State and local government agencies that have 

personnel trained to respond to strandings in the Arctic regions 

of the United States. 

(3) An assessment of potential response and data collection 

partners and sources of local information and knowledge, including Alaska Native people and villages. 

(4) An analysis of spatial and temporal trends in strandings 

over time in response to changing environmental conditions in 

the Arctic regions of the United States and the relationships to 

other unusual mortality events, including birds and fish. 

(5) A description of training and other resource needs to meet 

emerging response requirements in the Arctic regions of the 

United States. 

(6) An analysis of oiled marine mammal and bird response 

and rehabilitation capabilities in the Arctic regions of the 

United States, including equipment, facilities, training, and 

husbandry capabilities, and an assessment of likely success 

rates. 

(7) Recommendations for future stranding response needs in 

the Arctic regions of the United States. 

SEC. 409. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 1421g] 

There is authorized to be appropriated— 

(1) to the Secretary for carrying out this title (other than sections 405 and 407) $250,000 for each of fiscal years ø1993 and 

1994;¿ 2017 through 2022; 

(2) to the Secretary for carrying out section 407, $250,000 for 

each of fiscal years ø1993 and 1994;¿ 2017 through 2022; and 

(3) to the Fund, $500,000 for øfiscal year 1993.¿ for each of 

the fiscal years 2017 through 2022. 

SEC. 410. DEFINITIONS. 

[16 U.S.C. 1421h] 

In this title, the following definitions apply: 

(1) The term ‘‘entangle’’ or ‘‘entanglement’’ means an event in 

the wild in which a living or dead marine mammal has gear, 

rope, line, net, or other material wrapped around or attached 

to the marine mammal and is— 

(A) on a beach or shore of the United States; or 


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(B) in navigable waters of the United States. 

ø(1)¿(2) The term ‘‘Fund’’ means the Marine Mammal Unusual Mortality Event Fund established by section 405(a). 

ø(2)¿(3) The term ‘‘Office’’ means the Office of Protected Resources, in the National Marine Fisheries Service. 

ø(3)¿(4) 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. 

ø(4)¿(5) The term ‘‘stranding network participant’’ means a 

person who is authorized by an agreement under section 112(c) 

to take marine mammals as described in section 109(h)(1) in 

response to a stranding. 

(6) The term ‘‘stranding region’’ means a geographic region 

designated by the Secretary for purposes of administration of 

this Act. 

ø(5)¿ (7) The term ‘‘Tissue Bank’’ means the National Marine 

Tissue Bank provided for under section 407(a). 

ø(6)¿(8) 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. 

Æ 


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