---
kind: "section"
citation: "16 U.S.C. § 1421a"
title: "16"
title_heading: "Conservation"
number: "1421a"
heading: "Determination; data collection and dissemination"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1421a"
units:
  - "Chapter 31 — Marine Mammal Protection"
  - "Subchapter V — Marine Mammal Health and Stranding Response"
---

# §1421a. Determination; data collection and dissemination

- (a) **Determination for release—** The [Secretary](/usc/16/1362.md?p=12-A) shall, in consultation with the [Secretary](/usc/16/1362.md?p=12-A) of the Interior, the [Marine Mammal](/usc/16/1362.md?p=6) [Commission](/usc/16/544.md?p=c), and individuals with knowledge and experience in marine science, [marine mammal](/usc/16/1362.md?p=6) science, [marine mammal](/usc/16/1362.md?p=6) veterinary and husbandry practices, and marine [conservation](/usc/16/1362.md?p=2), including [stranding network participants](/usc/16/1421h.md?p=7), develop objective criteria, after an opportunity for public review and comment, to provide guidance for determining at what point a rehabilitated [marine mammal](/usc/16/1362.md?p=6) is releasable to the wild.
- (b) **Collection—** The [Secretary](/usc/16/1362.md?p=12-A) shall, in consultation with the [Secretary](/usc/16/1362.md?p=12-A) of the Interior, collect and update, periodically, existing information on—
  - (1) procedures and practices for—
    - (A) rescuing and rehabilitating stranded or entangled [marine mammals](/usc/16/1362.md?p=6), including criteria used by [stranding network participants](/usc/16/1421h.md?p=7), on a species-by-species basis, for determining at what point a [marine mammal](/usc/16/1362.md?p=6) undergoing rescue and rehabilitation is returnable to the wild; and
    - (B) collecting, preserving, labeling, and transporting [marine mammal](/usc/16/1362.md?p=6) tissues for physical, chemical, and biological analyses;
  - (2) appropriate scientific literature on [marine mammal](/usc/16/1362.md?p=6) health, disease, and rehabilitation;
  - (3) [strandings](/usc/16/1421h.md?p=6) and [entanglements](/usc/16/1421h.md?p=1), including [unusual mortality events](/usc/16/1421h.md?p=9), which the [Secretary](/usc/16/1362.md?p=12-A) shall compile and analyze, by [stranding](/usc/16/1421h.md?p=6) region, to monitor species, numbers, conditions, and causes of illnesses and deaths of stranded [marine mammals](/usc/16/1362.md?p=6) and entangled [marine mammals](/usc/16/1362.md?p=6) to allow comparison of the causes of illness and deaths in stranded [marine mammals](/usc/16/1362.md?p=6) and entangled [marine mammals](/usc/16/1362.md?p=6) with physical, chemical, and biological environmental parameters; and
  - (4) other life history and reference level data, including [marine mammal](/usc/16/1362.md?p=6) tissue analyses.
- (c) **Information required to be submitted and collected—**
  - (1) **In general—** After each response to a [stranding](/usc/16/1421h.md?p=6) or [entanglement](/usc/16/1421h.md?p=1) event, the [Secretary](/usc/16/1362.md?p=12-A) shall collect (including from any staff of the National Oceanic and Atmospheric Administration that respond directly to such an event), and shall require each [stranding network participant](/usc/16/1421h.md?p=7) who responds to that [stranding](/usc/16/1421h.md?p=6) or [entanglement](/usc/16/1421h.md?p=1) to submit to the [Administrator](/usc/16/450rr–1.md?p=a) of the National Oceanic and Atmospheric Administration or the Director of the [United States](/usc/16/1362.md?p=14) [Fish and Wildlife](/usc/16/3102.md?p=17) Service—
    - (A) data on the [stranding](/usc/16/1421h.md?p=6) event, including NOAA Form 89–864 (OMB #0648–0178), NOAA Form 89–878 (OMB #0648–0178), similar successor forms, or similar information in an appropriate format required by the [United States](/usc/16/1362.md?p=14) [Fish and Wildlife](/usc/16/3102.md?p=17) Service for species under its [management](/usc/16/1362.md?p=2) authority;
    - (B) supplemental data to the data described in [subparagraph (A)](#c-1-A), which may include, as available, relevant information about—
      - (i) weather and tide conditions;
      - (ii) offshore human, predator, or prey activity;
      - (iii) morphometrics;
      - (iv) behavior;
      - (v) health assessments;
      - (vi) life history samples; or
      - (vii) stomach and intestinal contents; and
    - (C) data and results from laboratory analysis of tissues, which may include, as appropriate and available—
      - (i) histopathology;
      - (ii) toxicology;
      - (iii) microbiology;
      - (iv) virology; or
      - (v) parasitology.
  - (2) **Timeline—** A [stranding network participant](/usc/16/1421h.md?p=7) shall submit—
    - (A) the data described in [paragraph (1)(A)](#c-1-A) not later than 30 days after the date of a response to a [stranding](/usc/16/1421h.md?p=6) or [entanglement](/usc/16/1421h.md?p=1) event;
    - (B) the compiled data described in [paragraph (1)(B)](#c-1-B) not later than 30 days after the date on which the data is available to the [stranding network participant](/usc/16/1421h.md?p=7); and
    - (C) the compiled data described in [paragraph (1)(C)](#c-1-C) not later than 30 days after the date on which the laboratory analysis has been reported to the [stranding network participant](/usc/16/1421h.md?p=7).
  - (3) **Online data input system—** The [Secretary](/usc/16/1362.md?p=12-A), acting through the Under [Secretary](/usc/16/1362.md?p=12-A) of Commerce for Oceans and Atmosphere, in consultation with the [stranding](/usc/16/1421h.md?p=6) network and the [Office](/usc/16/1421h.md?p=5) of Evaluation Sciences of the General Services Administration, shall establish an online system for the purposes of efficient and timely submission of data described in [paragraph (1)](#c-1).
- (d) **Availability of data—**
  - (1) **In general—** The [Secretary](/usc/16/1362.md?p=12-A) shall develop a program to make information, including any data and metadata collected under paragraph [(3)](#b-3) or [(4)](#b-4) of subsection (b) or [subsection (c)](#c), available to researchers, [stranding network participants](/usc/16/1421h.md?p=7), and the public—
    - (A) to improve real-time coordination of response to [stranding](/usc/16/1421h.md?p=6) and [entanglement](/usc/16/1421h.md?p=1) events across geographic [areas](/usc/16/539m–1.md?p=1-A) and between [stranding](/usc/16/1421h.md?p=6) coordinators;
    - (B) to identify and quickly disseminate information on potential public health risks;
    - (C) to facilitate integrated interdisciplinary research;
    - (D) to facilitate peer-reviewed publications;
    - (E) to archive regional data into 1 national database for future analyses; and
    - (F) for education and outreach activities.
  - (2) **Access to data—** The [Secretary](/usc/16/1362.md?p=12-A) shall ensure that any data or metadata collected under [subsection (c)](#c)—
    - (A) by staff of the National Oceanic and Atmospheric Administration or the [United States](/usc/16/1362.md?p=14) [Fish and Wildlife](/usc/16/3102.md?p=17) Service that responded directly to a [stranding](/usc/16/1421h.md?p=6) or [entanglement](/usc/16/1421h.md?p=1) event is available to the public through the [Health MAP](/usc/16/1421h.md?p=3) and the [Observation System](/usc/16/1421h.md?p=4) not later than 30 days after that data or metadata is collected by, available to, or reported to the [Secretary](/usc/16/1362.md?p=12-A); and
    - (B) by a [stranding network participant](/usc/16/1421h.md?p=7) that responded directly to a [stranding](/usc/16/1421h.md?p=6) or [entanglement](/usc/16/1421h.md?p=1) event is made available to the public through the [Health MAP](/usc/16/1421h.md?p=3) and the [Observation System](/usc/16/1421h.md?p=4) 2 years after the date on which that data are submitted to the [Secretary](/usc/16/1362.md?p=12-A) under [subsection (c)](#c).
  - (3) **Exceptions—**
    - (A) **Written release—** Notwithstanding [paragraph (2)(B)](#d-2-B), the [Secretary](/usc/16/1362.md?p=12-A) may make data described in [paragraph (2)(B)](#d-2-B) publicly available earlier than 2 years after the date on which that data are submitted to the [Secretary](/usc/16/1362.md?p=12-A) under [subsection (c)](#c), if the [stranding network participant](/usc/16/1421h.md?p=7) has completed a written release stating that such data may be made publicly available.
    - (B) **Law enforcement—** Notwithstanding [paragraph (2)](#d-2), the [Secretary](/usc/16/1362.md?p=12-A) may withhold data for a longer period than the period of time described in [paragraph (2)](#d-2) in the event of a law enforcement action or legal action that may be related to that data.
- (e) **Standards—** The [Secretary](/usc/16/1362.md?p=12-A), in consultation with the [marine mammal](/usc/16/1362.md?p=6) [stranding](/usc/16/1421h.md?p=6) community, shall—
  - (1) make publicly available guidance about uniform data and metadata standards to ensure that data collected in accordance with this section can be archived in a form that is readily accessible and understandable to the public through the [Health MAP](/usc/16/1421h.md?p=3) and the [Observation System](/usc/16/1421h.md?p=4); and
  - (2) periodically update such guidance.
- (f) **Management policy—** In collaboration with the regional [stranding](/usc/16/1421h.md?p=6) networks, the [Secretary](/usc/16/1362.md?p=12-A) shall develop, and periodically update, a data [management](/usc/16/1362.md?p=2) and public outreach collaboration policy for [stranding](/usc/16/1421h.md?p=6) or [entanglement](/usc/16/1421h.md?p=1) events.
- (g) **Authorship agreements and acknowledgment policy—** The [Secretary](/usc/16/1362.md?p=12-A), acting through the Under [Secretary](/usc/16/1362.md?p=12-A) of Commerce for Oceans and Atmosphere, shall include authorship agreements or other acknowledgment considerations for use of data by the public, as determined by the [Secretary](/usc/16/1362.md?p=12-A).
- (h) **Savings clause—** The [Secretary](/usc/16/1362.md?p=12-A) shall not require submission of research data that are not described in [subsection (c)](#c).

## Source credit

(Pub. L. 92–522, title IV, § 402, formerly title III, § 302, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5061; renumbered title IV, § 402, Pub. L. 103–238, § 24(b), Apr. 30, 1994, 108 Stat. 565; amended Pub. L. 117–263, div. J, title CIV, § 10401, Dec. 23, 2022, 136 Stat. 3981.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (b)(1)(A). Pub. L. 117–263, § 10401(1)(A), inserted “or entangled” after “stranded”.

Subsec. (b)(3). Pub. L. 117–263, § 10401(1)(B), substituted “strandings and entanglements, including unusual mortality events, which the Secretary shall compile and analyze, by stranding region, to monitor species, numbers, conditions, and causes of illnesses and deaths of stranded marine mammals and entangled marine mammals to allow comparison of the causes of illness and deaths in stranded marine mammals and entangled marine mammals with physical, chemical, and biological environmental parameters; and” for “strandings, which the Secretary shall compile and analyze, by region, to monitor species, numbers, conditions, and causes of illnesses and deaths of stranded marine mammals; and”.

Subsec. (b)(4). Pub. L. 117–263, § 10401(1)(C), substituted “analyses.” for “analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters.”

Subsecs. (c) to (h). Pub. L. 117–263, § 10401(2), added subsecs. (c) to (h) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “The Secretary shall make information collected under this section available to stranding network participants and other qualified scientists.”

### Statutory Notes and Related Subsidiaries

### Implementation

Pub. L. 102–587, title III, § 3003(b), Nov. 4, 1992, 106 Stat. 5066, provided that: “The Secretary of Commerce shall— in accordance with section 302(a) and (b) [now 402(a), (b)] of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1421a(a), (b)], as amended by this Act, and not later than 24 months after the date of enactment of this Act [Nov. 4, 1992]— develop and implement objective criteria to determine at what point a marine mammal undergoing rehabilitation is returnable to the wild; and collect and make available information on marine mammal health and health trends; and in accordance with section 304(b) [now 404(b)] of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1421c(b)], as amended by this Act, issue a detailed contingency plan for responding to any unusual mortality event— in proposed form by not later than 18 months after the date of enactment of this Act; and in final form by not later than 24 months after the date of enactment of this Act.”