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

# §1421c. Unusual mortality event response

- (a) **Response—**
  - (1) **Working group—**
    - (A) The [Secretary](/usc/16/1362.md?p=12-A), acting through the [Office](/usc/16/1421h.md?p=5), shall establish, in consultation with the [Secretary](/usc/16/1362.md?p=12-A) of the Interior, a [marine mammal](/usc/16/1362.md?p=6) [unusual mortality event](/usc/16/1421h.md?p=9) working group, consisting of 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, marine [conservation](/usc/16/1362.md?p=2), and medical science, to provide guidance to the [Secretary](/usc/16/1362.md?p=12-A) and the [Secretary](/usc/16/1362.md?p=12-A) of the Interior for—
      - (i) determining whether an [unusual mortality event](/usc/16/1421h.md?p=9) is occurring;
      - (ii) determining, after an [unusual mortality event](/usc/16/1421h.md?p=9) has begun, if response actions with respect to that event are no longer necessary; and
      - (iii) developing the contingency plan in accordance with [subsection (b)](#b), to assist the [Secretary](/usc/16/1362.md?p=12-A) in responding to [unusual mortality events](/usc/16/1421h.md?p=9).
    - (B) [Chapter 10](/usc/5/chptI/ch10.md) of title 5 shall not apply to the [marine mammal](/usc/16/1362.md?p=6) [unusual mortality event](/usc/16/1421h.md?p=9) working group established under this paragraph.
  - (2) **Response timing—** The [Secretary](/usc/16/1362.md?p=12-A), in consultation with the [Secretary](/usc/16/1362.md?p=12-A) of the Interior, shall to the extent necessary and practicable—
    - (A) within 24 hours after receiving notification from a [stranding network participant](/usc/16/1421h.md?p=7) that an [unusual mortality event](/usc/16/1421h.md?p=9) might be occurring, contact as many members as is possible of the [unusual mortality event](/usc/16/1421h.md?p=9) working group for guidance; and
    - (B) within 48 hours after receiving such notification—
      - (i) make a determination as to whether an [unusual mortality event](/usc/16/1421h.md?p=9) is occurring;
      - (ii) inform the [stranding network participant](/usc/16/1421h.md?p=7) of that determination; and
      - (iii) if the [Secretary](/usc/16/1362.md?p=12-A) has determined an [unusual mortality event](/usc/16/1421h.md?p=9) is occurring, designate an Onsite Coordinator for the event, in accordance with [subsection (c)](#c).
- (b) **Contingency plan—**
  - (1) **In general—** 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 and the [unusual mortality event](/usc/16/1421h.md?p=9) working group, and after an opportunity for public review and comment, issue a detailed contingency plan for responding to any [unusual mortality event](/usc/16/1421h.md?p=9).
  - (2) **Contents—** The contingency plan required under this subsection shall include—
    - (A) a list of [persons](/usc/16/1362.md?p=10), including [stranding network participants](/usc/16/1421h.md?p=7), at a regional, [State](/usc/16/590q.md?p=a), and local level, who can assist the [Secretary](/usc/16/1362.md?p=12-A) in implementing a coordinated and effective response to an [unusual mortality event](/usc/16/1421h.md?p=9);
    - (B) the types of [marine mammal](/usc/16/1362.md?p=6) tissues and analyses necessary to assist in diagnosing causes of [unusual mortality events](/usc/16/1421h.md?p=9);
    - (C) training, mobilization, and utilization procedures for available personnel, facilities, and other resources necessary to conduct a rapid and effective response to [unusual mortality events](/usc/16/1421h.md?p=9); and
    - (D) such requirements as are necessary to—
      - (i) minimize death of [marine mammals](/usc/16/1362.md?p=6) in the wild and provide appropriate care of [marine mammals](/usc/16/1362.md?p=6) during an [unusual mortality event](/usc/16/1421h.md?p=9);
      - (ii) assist in identifying the cause or causes of an [unusual mortality event](/usc/16/1421h.md?p=9);
      - (iii) determine the effects of an [unusual mortality event](/usc/16/1421h.md?p=9) on the size estimates of the affected populations of [marine mammals](/usc/16/1362.md?p=6); and
      - (iv) identify any roles played in an [unusual mortality event](/usc/16/1421h.md?p=9) by physical, chemical, and biological factors, including contaminants.
- (c) **Onsite coordinators—**
  - (1) **Designation—**
    - (A) 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, designate one or more Onsite Coordinators for an [unusual mortality event](/usc/16/1421h.md?p=9), who shall make immediate recommendations to the [stranding network participants](/usc/16/1421h.md?p=7) on how to proceed with response activities.
    - (B) An Onsite Coordinator so designated shall be one or more appropriate Regional Directors of the National Marine [Fisheries](/usc/16/1362.md?p=16) Service or the [United States](/usc/16/1362.md?p=14) [Fish and Wildlife](/usc/16/3102.md?p=17) Service, or their designees.
    - (C) If, because of the wide geographic distribution, multiple species of [marine mammals](/usc/16/1362.md?p=6) involved, or magnitude of an [unusual mortality event](/usc/16/1421h.md?p=9), more than one Onsite Coordinator is designated, 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, designate which of the Onsite Coordinators shall have primary responsibility with respect to the event.
  - (2) **Functions—**
    - (A) An Onsite Coordinator designated under this subsection shall coordinate and direct the activities of all [persons](/usc/16/1362.md?p=10) responding to an [unusual mortality event](/usc/16/1421h.md?p=9) in accordance with the contingency plan issued under [subsection (b)](#b), except that—
      - (i) with respect to any matter that is not covered by the contingency plan, an Onsite Coordinator shall use his or her best professional judgment; and
      - (ii) the contingency plan may be temporarily modified by an Onsite Coordinator, consulting as expeditiously as possible with the [Secretary](/usc/16/1362.md?p=12-A), the [Secretary](/usc/16/1362.md?p=12-A) of the Interior, and the [unusual mortality event](/usc/16/1421h.md?p=9) working group.
    - (B) An Onsite Coordinator may delegate to any qualified [person](/usc/16/1362.md?p=10) authority to act as an Onsite Coordinator under this subchapter.

## Source credit

(Pub. L. 92–522, title IV, § 404, formerly title III, § 304, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5062; renumbered title IV, § 404, Pub. L. 103–238, § 24(b), Apr. 30, 1994, 108 Stat. 565; amended Pub. L. 117–286, § 4(a)(111), Dec. 27, 2022, 136 Stat. 4317.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (a)(1)(B). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 App. U.S.C.)”.