Title 16, ConservationRelease 119-110

§1421e Liability

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

Last updated Sep 22, 2026|Official source

Summary

Treats people allowed to respond to a stranding or entanglement under an agreement made under section 1382(c) as federal employees for the purposes of chapter 171 of title 28. That applies only when they act under the agreement and, during an unusual mortality event, follow the contingency plan under section 1421c(b), the instructions of an Onsite Coordinator under section 1421c(c), or the Onsite Coordinator’s best professional judgment for matters not covered by the plan. It does not apply to actions that are grossly negligent or that are willful misconduct.

Full Legal Text

Title 16, §1421e

Conservation, Source: USLM XML via OLRC

(a)In general
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)Limitation
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 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110