§1421h. Definitions

In this subchapter, 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 lands under the jurisdiction of the United States, including beaches and shorelines; or

(B) in waters under the jurisdiction of the United States, including any navigable waters.

(2) Except as used in section 1421f–1 of this title, the term "Fund" means the Marine Mammal Unusual Mortality Event Fund established by section 1421d(a) of this title.

(3) The term "Health MAP" means the Marine Mammal Health Monitoring and Analysis Platform established under section 1421f–2(a)(1) of this title.

(4) The term "Observation System" means the National Integrated Coastal and Ocean Observation System established under section 3603 of title 33.

(5) The term "Office" means the Office of Protected Resources, in the National Marine Fisheries Service.

(6) 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.

(7) The term "stranding network participant" means a person who is authorized by an agreement under section 1382(c) of this title to take marine mammals as described in section 1379(h)(1) of this title in response to a stranding.

(8) The term "Tissue Bank" means the National Marine Tissue Bank provided for under section 1421f(a) of this title.

(9) 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.

(Pub. L. 92–522, title IV, §410, formerly title III, §309, as added Pub. L. 102–587, title III, §3003(a), Nov. 4, 1992, 106 Stat. 5066 ; renumbered title IV, §409, and amended Pub. L. 103–238, §24(b), (c)(7), (8), Apr. 30, 1994, 108 Stat. 565 , 566; renumbered §410, Pub. L. 106–555, title II, §202(a)(1), Dec. 21, 2000, 114 Stat. 2767 ; Pub. L. 117–263, div. J, title CIV, §10410, Dec. 23, 2022, 136 Stat. 3992 .)

Editorial Notes

Amendments

2022-Par. (1). Pub. L. 117–263, §10410(2), added par. (1). Former par. (1) redesignated (2).

Par. (2). Pub. L. 117–263, §10410(3), substituted "Except as used in section 1421f–1 of this title, the term" for "The term".

Pub. L. 117–263, §10410(1), redesignated par. (1) as (2). Former par. (2) redesignated (5).

Pars. (3) to (9). Pub. L. 117–263, §10410(1), (4), added pars. (3) and (4) and redesignated former pars. (2) to (6) as (5) to (9), respectively.

1994-Par. (1). Pub. L. 103–238, §24(c)(7), made technical amendment to reference to section 1421d(a) of this title to reflect renumbering of corresponding section of original act.

Par. (5). Pub. L. 103–238, §24(c)(8), made technical amendment to reference to section 1421f(a) of this title to reflect renumbering of corresponding section of original act.