Title 16 — Conservation
Chapter 31 — Marine Mammal Protection
§ 1421h. Definitions
Statutory text
In this subchapter, the following definitions apply:
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—
on lands under the jurisdiction of the United States, including beaches and shorelines; or
in waters under the jurisdiction of the United States, including any navigable waters.
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.
The term “Health MAP” means the Marine Mammal Health Monitoring and Analysis Platform established under section 1421f–2(a)(1) of this title.
The term “Observation System” means the National Integrated Coastal and Ocean Observation System established under section 3603 of title 33.
The term “Office” means the Office of Protected Resources, in the National Marine Fisheries Service.
The term “stranding” means an event in the wild in which—
a marine mammal is dead and is—
on a beach or shore of the United States; or
in waters under the jurisdiction of the United States (including any navigable waters); or
a marine mammal is alive and is—
on a beach or shore of the United States and unable to return to the water;
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
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.
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.
The term “Tissue Bank” means the National Marine Tissue Bank provided for under section 1421f(a) of this title.
The term “unusual mortality event” means a stranding that—
is unexpected;
involves a significant die-off of any marine mammal population; and
demands immediate response.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Marine Mammal Protection Act of 1972
Pub. L. 92–522 title IV § 410 · 86 Stat. 1027
Enacted · 16 U.S.C. § 1421h
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
Source evidence
Code source credit
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. 5066Marine Mammal Protection Act Amendments of 1994
Pub. L. 103–238 § 24(c)(7) · 108 Stat. 532
Changed · 16 U.S.C. § 1421h(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(7) in section 409(1) (as redesignated by this section) by striking “305(a)” and inserting “405(a)”;Marine Mammal Protection Act Amendments of 1994
Pub. L. 103–238 § 24(c)(8) · 108 Stat. 532
Changed · 16 U.S.C. § 1421h(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(8) in section 409(5) (as redesignated by this section) by striking “307(a)” and inserting “407(a)”;James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 10410(2) · 136 Stat. 2395
Redesignated · 16 U.S.C. § 1421h(1)
Pub. L. 117–263, § 10410(2), added par. (1). Former par. (1) redesignated (2)
Source evidence
Code amendment note
Par. (1). Pub. L. 117–263, § 10410(2), added par. (1). Former par. (1) redesignated (2).Enacted provision · exact public law section
(2) by inserting before paragraph (2) (as so redesignated) the following: “(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.” ;James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 10410(3) · 136 Stat. 2395
Substituted · 16 U.S.C. § 1421h(2)
Pub. L. 117–263, § 10410(3), substituted “Except as used in section 1421f–1 of this title, the term” for “The term”
Source evidence
Code amendment note
Par. (2). Pub. L. 117–263, § 10410(3), substituted “Except as used in section 1421f–1 of this title, the term” for “The term”.Enacted provision · exact public law section
(3) in paragraph (2) (as so redesignated) by striking “The term” and inserting “Except as used in section 408, the term”;James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 10410(1) · 136 Stat. 2395
Redesignated · 16 U.S.C. § 1421h(2)
Pub. L. 117–263, § 10410(1), redesignated par. (1) as (2). Former par. (2) redesignated (5)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 117–263, § 10410(1), redesignated par. (1) as (2). Former par. (2) redesignated (5).Enacted provision · exact public law section
(1) by redesignating paragraphs (1) through (6) as paragraphs (2), (5), (6), (7), (8), and (9), respectively;James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 10410(1) · 136 Stat. 2395
Added · 16 U.S.C. § 1421h(3)(9)
Pub. L. 117–263, § 10410(1), (4), added pars. (3) and (4)
Redesignated · 16 U.S.C. § 1421h(3)(9)
Pub. L. 117–263, § 10410(1), (4), redesignated former pars. (2) to (6) as (5) to (9), respectively
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) by redesignating paragraphs (1) through (6) as paragraphs (2), (5), (6), (7), (8), and (9), respectively;
7 of 8 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1994–2022 · 2 rounds
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.
Credits
1992–2022 · 4 acts
- 1992Pub. L. 92–522, title IV, § 410, formerly title III, § 309, as added Pub. L. 102–587, title III, § 3003(a), , 106 Stat. 5066
- 1994renumbered title IV, § 409, and amended Pub. L. 103–238, § 24(b), (c)(7), (8), , 108 Stat. 565, 566
- 2000renumbered § 410, Pub. L. 106–555, title II, § 202(a)(1), , 114 Stat. 2767
- 2022Pub. L. 117–263, div. J, title CIV, § 10410, , 136 Stat. 3992.
Show as published
(Pub. L. 92–522, title IV, § 410, formerly title III, § 309, as added Pub. L. 102–587, title III, § 3003(a), , 106 Stat. 5066; renumbered title IV, § 409, and amended Pub. L. 103–238, § 24(b), (c)(7), (8), , 108 Stat. 565, 566; renumbered § 410, Pub. L. 106–555, title II, § 202(a)(1), , 114 Stat. 2767; Pub. L. 117–263, div. J, title CIV, § 10410, , 136 Stat. 3992.)