16 U.S.C. § 1421c — Unusual mortality event response

(a) Response. (1)(A) The Secretary, through the Office and in consultation with the Secretary of the Interior, must establish a marine mammal unusual mortality event working group. It must include people experienced in marine science, marine mammal science, veterinary and husbandry practices, conservation, and medical science. The group advises the Secretary and Interior Secretary on (i) deciding whether an unusual mortality event is happening; (ii) deciding after one begins when response actions are no longer needed; and (iii) developing the contingency plan under (b). (B) Chapter 10 of title 5 does not apply to this working group. (2) To the extent necessary and practicable, the Secretary must, in consultation with the Interior Secretary, (A) within 24 hours after a participant reports that an event might be happening, contact as many working-group members as possible for guidance; and (B) within 48 hours, decide whether the event is happening, tell the participant the decision, and, if it is happening, designate an Onsite Coordinator under (c). (b) Contingency plan. (1) After public review and comment, the Secretary must issue a detailed plan for responding to any unusual mortality event, in consultation with the Interior Secretary and working group. (2) The plan must include (A) a regional, State, and local list of people, including participants, who can help with a coordinated effective response; (B) the marine mammal tissues and analyses needed to help diagnose causes; (C) procedures for training, mobilizing, and using available people, facilities, and other resources for a rapid effective response; and (D) requirements needed to (i) minimize wild marine mammal deaths and provide proper care during the event; (ii) help identify its cause or causes; (iii) determine its effect on population-size estimates; and (iv) identify roles of physical, chemical, and biological factors, including contaminants. (c) Onsite coordinators. (1)(A) In consultation with the Interior Secretary, the Secretary must designate one or more Onsite Coordinators. They must give participants immediate recommendations about response activities. (B) A coordinator must be an appropriate National Marine Fisheries Service or Fish and Wildlife Service Regional Director or designee. (C) If the event's geographic spread, number of species, or size requires more than one coordinator, the Secretaries must designate which coordinator has primary responsibility. (2)(A) A coordinator must coordinate and direct everyone responding under the contingency plan. For a matter not covered by the plan, the coordinator uses the coordinator's best professional judgment. The coordinator may temporarily change the plan after consulting as quickly as possible with both Secretaries and the working group. (B) A coordinator may delegate coordinator authority under this subchapter to a qualified person.