§1421f — Title 16 Conservation | U.S. Code

Summary

The Secretary must create and run a National Marine Mammal Tissue Bank to store, prepare, examine, and archive marine mammal tissue samples. The Secretary must work with experts and allow public review to write simple rules for how samples are collected, handled, documented, and checked for quality. The bank must include tissues from unusual mortality events and other properly collected wild sources, such as accidental catches, subsistence takes, and biopsies. The Secretary must also, with other agencies and experts and after public comment, issue guidance for using the best available tests to analyze tissues and track health trends. Analyses should monitor harmful contaminant levels and, when possible, the causes, frequency, and effects of abnormal lesions. A central database must be kept with reference health and mortality data and records for species in unusual mortality events. The Secretary must set rules for public access to the bank, the analyses, and the database after public review.

Title 16, §1421f

Conservation — Source: USLM XML via OLRC

(a)(1)The Secretary shall make provision for the storage, preparation, examination, and archiving of marine mammal tissues. Tissues archived pursuant to this subsection shall be known as the “National Marine Mammal Tissue Bank”.

(2)The Secretary shall, in consultation with individuals with knowledge and expertise in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and comment, for marine mammal tissue collection, preparation, archiving, and quality control procedures, regarding—

(A)appropriate and uniform methods and standards for those activities to provide confidence in marine mammal tissue samples used for research; and

(B)documentation of procedures used for collecting, preparing, and archiving those samples.

(3)In addition to tissues taken during marine mammal unusual mortality events, the Tissue Bank shall incorporate tissue samples taken from other sources in the wild, including—

(A)samples from marine mammals taken incidental to commercial fishing operations;

(B)samples from marine mammals taken for subsistence purposes;

(C)biopsy samples; and

(D)any other samples properly collected.

(b)The Secretary shall, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and comment, for analyzing tissue samples (by use of the most effective and advanced diagnostic technologies and tools practicable) as a means to monitor and measure overall health trends in representative species or populations of marine mammals, including—

(1)the levels of, and if possible, the effects of, potentially harmful contaminants; and

(2)the frequency of, and if possible, the causes and effects of abnormal lesions or anomalies.

(c)(1)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)The data base established under this subsection shall include—

(A)reference data on 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)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);

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (c)(2)(A). Pub. L. 117–263, § 10405(1), substituted “marine mammal health and mortality and the health of” for “the health of marine mammals and”. Subsec. (d). Pub. L. 117–263, § 10405(2), inserted “public” before “access” in introductory provisions.

§1421f National Marine Mammal Tissue Bank and Tissue Analysis

Summary

Title 16, §1421f

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata