U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–421 

Calendar No. 881 

MARINE MAMMAL RESCUE ASSISTANCE 

AMENDMENTS ACT OF 2007 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

H.R. 1006 

JULY 15, 2008.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

SECOND SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

TED STEVENS, Alaska, Vice-Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

JEAN TOAL EISEN, Senior Advisor and Deputy Policy Director 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

PAUL J. NAGLE, Republican Chief Counsel 

MIMI BRANIFF, Republican Deputy Chief Counsel 


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Calendar No. 881 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–421 

MARINE MAMMAL RESCUE ASSISTANCE AMENDMENTS 

ACT OF 2008 

JULY 15, 2008.—Ordered to be printed 

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

Transportation, submitted the following: 

R E P O R T 

[To accompany H.R. 1006] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (H.R. 1006) to amend the provisions of 

law relating to the John H. Prescott Marine Mammal Rescue Assistance 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 H.R. 1006, the Marine Mammal Rescue Assistance Amendments Act of 2008, as reported, is to amend provisions 

of the Marine Mammal Protection Act of 1972 (MMPA, 16 U.S.C. 

1361 et. seq.) relating to the John H. Prescott Marine Mammal 

Rescue Assistance Grant Program. The bill would add authorization for entanglement response agreements to existing provisions 

relating to stranding response agreements. In addition, the bill 

would require the Secretary of Commerce to collect and update existing practices and procedures for rescuing and rehabilitating entangled marine mammals and would define the terms ‘‘entanglement’’ and ‘‘emergency assistance.’’

BACKGROUND AND NEEDS

The MMPA was enacted in 1972 to protect and conserve marine 

mammals and established a moratorium on taking or importing 

marine mammals and marine mammal products, except for certain 


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regulated or permitted activities. The MMPA defines ‘‘take’’ as ‘‘to 

harass, hunt, capture, or kill or attempt to harass, hunt capture, 

or kill any marine mammal.’’ In 1992, Congress enacted the Marine 

Mammal Health and Stranding Response Act (P.L. 102—587) as 

Title IV of the MMPA. The Marine Mammal Health and Stranding 

Response Act statutorily recognized the marine mammal stranding 

network, established procedures for responding to unusual marine 

mammal mortality events, and established the National Marine 

Mammal Tissue Bank. 

However, because most marine mammal strandings are not associated with unusual mortality events, in 2000, Congress enacted 

into law the John H. Prescott Marine Mammal Rescue Assistance 

Grant Program (P.L. 106—555). Prior to the establishment of this 

Federal grant program, assistance for strandings and rescues were 

provided by small, underfunded members of the Marine Mammal 

Stranding Network, who took on the financial burden to rescue and 

rehabilitate stranded marine mammals. The grant program defrays 

costs associated with the recovery and rehabilitation of marine 

mammals that fall outside of the existing Title IV program and allows eligible Marine Mammal Stranding Network participants to 

use funds to collect scientific data from live and dead animals, to 

improve the treatment and operation of rescue and rehabilitation 

centers, and to directly fund the recovery and treatment of the 

mammals. It is the intention of the Committee that the funds authorized in this bill may also be used for the disposal of marine 

mammal carcasses. 

LEGISLATIVE HISTORY

The Marine Mammal Rescue Assistance Amendments Act of 

2007 was introduced by Representatives Young and Brown on February 13, 2007, and passed the House of Representatives by voice 

vote under suspension of the rules on March 19, 2007. H.R. 1006 

was referred to the Senate Committee on Commerce, Science, and 

Transportation on March 20, 2007. On May 15, 2008, the Committee considered the bill in an open executive session. Senator 

Inouye offered a substitute amendment making minor substantive 

and technical changes to the bill as introduced, and the Committee, 

without objection, ordered H.R. 1006 reported, as amended by the 

substitute amendment. 

Staff assigned to this legislation are Amanda Hallberg, Democratic professional staff, and Todd Bertoson, Republican senior 

counsel. 

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: 


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JUNE 19, 2008. 

Hon. DANIEL K. INOUYE, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1006, the Marine Mammal Rescue Assistance Amendments of 2008. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

H.R. 1006—Marine Mammal Rescue Assistance Amendments of 

2008 

Summary: H.R. 1006 would reauthorize funding for programs to 

protect and rescue marine mammals such as whales that become 

stranded or entangled. Assuming appropriation of the authorized 

amounts (beginning in 2009), CBO estimates that implementing 

H.R. 1006 would increase discretionary spending by $10 million 

over the 2009–2013 period. 

The legislation also would create an emergency fund and allow 

amounts in that fund, including private contributions and interest 

earnings, to be spent without further appropriation. Enacting this 

provision could increase revenues (from donations) and direct 

spending (from those donations and from interest earned on fund 

balances). CBO estimates that those changes would result in net 

additional spending of about $100,000 a year, beginning in 2011. 

Finally, H.R. 1006 would expand coverage under the Federal 

Tort Claims Act to individuals who rescue marine mammals if they 

are operating under an agreement with the federal government. 

Enacting this provision could increase direct spending from the 

U.S. Treasury’s Judgment Fund for payments arising from tort 

claims, CBO estimates that any increase would be minimal. 

H.R. 1006 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 impact of H.R. 1006 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— 

2009 2010 2011 2012 2013 2009– 

2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1

Authorization Level ................................................................................... 8 8 0 0 0 15 

Estimated Outlays .................................................................................... 6 6 1 * * 13 

Note: * = less than $500,000. 

1 Enacting H.R. 1006 also would increase revenues (from donations) and direct spending (from those revenues and from interest earned on 

balances of appropriated and contributed funds). CBO estimates that the net budgetary effect of such changes would be a cost of about 

$100,000 a year, beginning in 2011. 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the end of fiscal year 2008 and that the 

authorized amounts will be provided as specified in the act, beginVerDate Aug 31 2005 06:34 Jul 16, 2008 Jkt 069010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR421.XXX SR421

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ning with fiscal year 2009. Estimated outlays are based on historical spending patterns for similar programs. 

H.R. 1006 would authorize the appropriation of $7.5 million for 

each of fiscal years 2007 through 2010 for the John H. Prescott Marine Mammal Rescue Assistance Grant Program. The authorization 

includes $6 million for the National Oceanic and Atmospheric Administration (NOAA), $1 million for the U.S. Fish and Wildlife 

Service (USFWS), and $0.5 million for the Marine Mammal Unusual Mortality Event Fund (administered by NOAA). In recent 

years, NOAA has received appropriations of about $4 million a year 

for the program, including $0.8 million in 2005 to establish the Marine Mammal Unusual Mortality Event Fund. The USFWS also receives appropriations for this purpose, but under different statutes. 

The legislation also would establish the John H. Prescott Marine 

Mammal Rescue and Response Emergency Fund, consisting of a 

portion of amounts appropriated to the agencies, private donations, 

and interest earnings. Amounts in the emergency fund would be 

available to the agencies without further appropriation. 

Assuming appropriation of the authorized amounts for 2009 and 

2010, CBO estimates that NOAA and the USFWS would spend a 

total of $6 million in each of those years, primarily for grants to 

nonfederal groups that rescue marine mammals. We estimate that 

spending from the mortality event fund would be less than 

$200,000 a year over the 2009–2013 period. Based on information 

provided by NOAA, we assume that the remaining $2 million authorized to be appropriated to that agency would be deposited in 

the new emergency fund along with an estimated $25,000 to 

$50,000 a year from new donations from private individuals or 

businesses. We estimate that NOAA would spend, without further 

appropriation, between $100,000 and $200,000 annually from those 

donations and from interest credited to that fund for emergency 

rescues. Those changes would result in net spending of about 

$100,000 a year, beginning in 2011. 

Finally, H.R. 1006 would provide that individuals who rescue 

marine mammals from entanglements (from fishing nets, for example) would be considered federal employees if their actions result 

in claims for damages under the Federal Tort Claims Act. As a result of this provision, payments from the permanent, indefinite 

Judgment Fund could increase because the federal government 

could be held responsible for damage to fishing equipment or other 

private property. Based on information provided by NOAA, however, CBO estimates that any increase in direct spending would be 

negligible. 

Intergovernmental and private-sector impact: H.R. 1006 contains 

no intergovernmental or private-sector mandates as defined in 

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

Estimate prepared by: Federal Costs: Deborah Reis; Impact on 

State, Local, and Tribal Governments: Neil Hood; Impact on the 

Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 


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REGULATORY IMPACT STATEMENT

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

H.R. 1006, as reported, would authorize appropriations to continue and expand existing National Oceanic and Atmospheric Administration (NOAA) programs and would make a number of 

changes to current law. This bill would have little, if any, regulatory impact. 

ECONOMIC IMPACT

This bill, as reported, would provide authorization of $7 million 

for fiscal years 2007 through 2010 to the Prescott Program as well 

as $500,000 for each of fiscal years 2007 through 2010 for the Marine Mammal Unusual Mortality Fund. These funding levels are 

not expected to have an inflationary impact on the Nation’s economy. 

PRIVACY

The reported bill would have little, if any, impact on the personal 

privacy of U.S. citizens. 

PAPERWORK

The reported bill may slightly increase the paperwork requirements for NOAA when updating the stranding response agreements. 

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. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would title this Act as the ‘‘Marine Mammal Rescue 

Assistance Amendments Act of 2008.’’

Section 2. Stranding and entanglement response 

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

1421b) to include the term ‘‘entanglement’’ to add authorization for 

entanglement response agreements to existing provisions relating 

to stranding response agreements. Section 2 would require the Secretary of Commerce to collect and update existing practices and 

procedures for rescuing and rehabilitating entangled marine mammals. In addition, this provision would define the terms ‘‘entanglement’’ and ‘‘emergency assistance.’’ Entanglement would be defined 

as 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 it either in the water, or on a beach or shore of the 


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United States. Emergency assistance would be defined as response 

to an event that is not an unusual mortality event; leads to an immediate increase in required costs for response, recovery, or rehabilitation; may involve out-of-habitat animals; and may be cyclical 

or endemic or is found by the Secretary to qualify for emergency 

assistance. 

This section also would rename the John H. Prescott Marine 

Mammal Rescue Assistance Grant Program as the John H. Prescott 

Marine Mammal and Response Funding Program and establishes 

an interest bearing fund of the same name in the Treasury to be 

used for emergency responses. This section would give the program 

the ability to solicit and accept gifts and other donations to increase the impact of the program. It would authorize $7 million for 

fiscal years 2007 through 2010 to the Prescott Program, $6 million 

of which would be made available to the Secretary of Commerce. 

This section also would increase the maximum support for individual projects from $100,000 to $200,000 annually. Finally, this 

section would authorize $500,000 for each of fiscal years 2007 

through 2010 for the Marine Mammal Unusual Mortality Fund, 

and require the Secretary of Commerce to provide grants with any 

funds that remain from administrative uses at the end of each fiscal year. 

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 

SEC. 402. DETERMINATION; DATA COLLECTION AND DISSEMINATION 

[16 U.S.C. 1421] 

(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 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 


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(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. 

øSEC 403. STRANDING RESPONSE AGREEMENTS.¿ 

SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS. 

[16 U.S.C. 1421] 

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

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

under section 109(h)(1) in response to a stranding or entaglement. 

(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. 406. LIABILITY. 

[16 U.S.C. 1421] 

(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. 


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

GRANT PROGRAM.¿ 

SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE FUNDING PROGRAM. 

[16 U.S.C. 1421] 

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.¿ 

(a) IN GENERAL.—(1) Subject to the availability of appropriations, 

the Secretary shall conduct a program to be known as the John H. 

Prescott Marine Mammal Rescue and Response Funding Program, 

to provide 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, facility operation costs that are directly related to those purposes, and stranding 

events requiring emergency assistance. All funds to implement this 

section shall be distributed to eligible stranding network participants for the purposes set forth in this paragraph, except as provided in subsection (f). 

(2) CONTRACT AUTHORITY.—To carry out the activities set out in 

paragraph (1), the Secretary may enter into grants, cooperative 

agreements, contracts, or such other agreements or arrangements as 

the Secretary deems appropriate. 

(3) EMERGENCY PRESCOTT FUND.—There is established in the 

Treasury an interest bearing fund to be known as the ‘‘John H. 

Prescott Marine Mammal Rescue and Response Emergency Fund’’, 

which shall consist of a portion of amounts deposited into the Fund 

under subsections (h) and (i), and which shall remain available 

until expended without regard to any statutory or regulatory provision related to the negotiation, award, or administration of any 

grants, cooperative agreements, and contracts. 

ø(2)¿ (4)(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 ødesignated as 

of the date of the enactment of the Marine Mammal Rescue Assistance Act of 2000, and in making such grants¿ as defined in subsection (g)(3). The Secretary 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 øsubregions¿ subregions where such facilities exist. 

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

may consider—

(i) any episodic stranding or any mortality event other than 

an event described in øsection 410(6)¿ section 410(7), that occurred in any region in the preceding year; 

(ii) data regarding average annual strandings and mortality 

events per region; and 


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(iii) the size of the marine mammal populations inhabiting a 

geographic area within such a region. 

(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. 

(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, regarding 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.¿ 

(d) LIMITATION.—Support for an individual project under this section may not exceed $200,000 per annum. 

(e) MATCHING REQUIREMENT.—

(1) IN GENERAL.—The non-Federal share of the costs of an 

activity conducted with øa grant¿ funds under this section 

shall be 25 percent of such Federal costs. 

(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.¿ 

(f) ADMINISTRATIVE COSTS AND EXPENSES.—Of the 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 costs and administrative expenses to 

implement the grant program under subsection (a). Any such funds 

retained by the Secretary for a fiscal year for such costs and expenses that are not used for such costs and expenses before the end 

of the fiscal year shall be provided as grants under subsection (a). 

(g) DEFINITIONS.—In this section: 

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

stranding region’’ means a geographic region designated by the 

Secretary for purposes of administration of this title. 

(2) EMERGENCY ASSISTANCE.—The term ‘‘emergency assistance’’ means assistance provided for a stranding event—

(A) that—

(i) is not an unusual mortality event as defined in 

section 409(6); 

(ii) leads to an immediate increase in required costs 

for stranding response, recovery, or rehabilitation in 

excess of regularly scheduled costs; 

(iii) may be cyclical or endemic; and 

(iv) may involve out-of-habitat animals; or 

(B) is found by the Secretary to qualify for emergency assistance. 


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ø(2)¿ (3) SECRETARY.—The term ‘‘Secretary’’ has the meaning 

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

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section ø$5,000,000 for each of fiscal years 2001 through 2003¿ $7,000,000 for each of fiscal years 

2007 through 2010, to remain available until expended, of which—

(1) ø$4,000,000¿ $6,000,000 may be available to the Secretary of Commerce; and 

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

(i) 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. 410. DEFINITIONS. 

[16 U.S.C. 1421] 

In this title, the following definitions apply: 

(1) The term ‘‘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 it and 

is—

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

(B) in waters under the jurisdiction 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. 

ø(5)¿ (6) The term ‘‘Tissue Bank’’ means the National Marine 

Tissue Bank provided for under section 407(a). 

ø(6)¿ (7) The term ‘‘unusual mortality event’’ means a 

stranding that—

(A) is unexpected; 


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(B) involves a significant die-off of any marine mammal 

population; and 

(C) demands immediate response. 

Æ 


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