16 U.S.C. § 1421f — National Marine Mammal Tissue Bank and tissue analysis

(a) Tissue Bank^*. (1) The Secretary^* must provide for storing, preparing, examining, and archiving marine mammal^* tissues. Archived tissues are called the "National Marine Mammal Tissue Bank." (2) After public review and comment, and in consultation with knowledgeable people in marine science, marine mammal science, veterinary and husbandry practices, and conservation^*, the Secretary must issue guidance on tissue collection, preparation, archiving, and quality control. The guidance must cover (A) appropriate uniform methods and standards that give confidence in samples used for research and (B) documentation of collection, preparation, and archiving procedures. (3) Besides tissues from unusual mortality events, the Bank must include properly collected wild samples from (A) marine mammals taken incidentally during commercial fishing; (B) marine mammals taken for subsistence; (C) biopsies; and (D) other proper sources.

(b) Tissue analysis. After public review and comment, the Secretary must consult the Marine Mammal Commission, Interior Secretary, and knowledgeable people listed in (a)(2), and issue guidance for analyzing tissues with the most effective and advanced practical diagnostic technologies. The analysis must monitor and measure health trends in representative species or populations, including (1) levels and, if possible, effects of potentially harmful contaminants; and (2) frequency and, if possible, causes and effects of abnormal lesions or anomalies.

(c) Data base. (1) The Secretary must maintain a central database for tracking and accessing marine mammal data, including relevant tissue data collected for and kept in the Bank. (2) It must include (A) reference data on marine mammal health and mortality and population health; and (B) data on species subject to unusual mortality events.

(d) Access. After public review and comment and consultation with the Interior Secretary, the Secretary must establish criteria for public access to (1) Bank tissues; (2) analyses under (b); and (3) database data under (c). The criteria must allow appropriate use by qualified scientists, including participants.