Title 16ConservationRelease 119-73

§1421e Liability

Title 16 › Chapter CHAPTER 31— - MARINE MAMMAL PROTECTION › Subchapter SUBCHAPTER V— - MARINE MAMMAL HEALTH AND STRANDING RESPONSE › § 1421e

Last updated Apr 6, 2026|Official source

Summary

People allowed to respond to a stranding or entanglement under an agreement made under section 1382(c) are treated as government employees for purposes of chapter 171 of title 28 when they act under that agreement. The same protection applies in an unusual mortality event if they follow the contingency plan under section 1421c(b), follow an Onsite Coordinator’s instructions under section 1421c(c), or use that Onsite Coordinator’s best professional judgment for matters not covered by the plan. This does not cover actions that are grossly negligent or that are willful misconduct.

Full Legal Text

Title 16, §1421e

Conservation — Source: USLM XML via OLRC

(a)A person who is authorized to respond to a stranding or entanglement pursuant to an agreement entered into under section 1382(c) of this title is deemed to be an employee of the Government for purposes of chapter 171 of title 28, with respect to actions of the person that are—
(1)in accordance with the agreement; and
(2)in the case of an unusual mortality event, in accordance with—
(A)the contingency plan issued under section 1421c(b) of this title;
(B)the instructions of an Onsite Coordinator designated under section 1421c(c) of this title; or
(C)the best professional judgment of an Onsite Coordinator, in the case of any matter that is not covered by the contingency plan.
(b)Subsection (a) does not apply to actions of a person described in that subsection that are grossly negligent or that constitute willful misconduct.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–263, in introductory provisions, inserted “or entanglement” after “to a stranding” and substituted “Government” for “government”. 1994—Subsec. (a)(2)(A), (B). Pub. L. 103–238, § 24(c)(3), (4), made technical amendment to references to section 1421c of this title to reflect renumbering of corresponding section of original act.

Reference

Citations & Metadata

Citation

16 U.S.C. § 1421e

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73