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

# §1421e. Liability

- (a) **In general—** A [person](/usc/16/1362.md?p=10) who is authorized to respond to a [stranding](/usc/16/1421h.md?p=6) or [entanglement](/usc/16/1421h.md?p=1) pursuant to an agreement entered into under [section 1382(c) of this title](/usc/16/1382.md?p=c) is deemed to be an employee of the Government for purposes of [chapter 171](/usc/28/chptVI/ch171.md) of title 28, with respect to actions of the [person](/usc/16/1362.md?p=10) that are—
  - (1) in accordance with the agreement; and
  - (2) in the case of an [unusual mortality event](/usc/16/1421h.md?p=9), in accordance with—
    - (A) the contingency plan issued under [section 1421c(b) of this title](/usc/16/1421c.md?p=b);
    - (B) the instructions of an Onsite Coordinator designated under [section 1421c(c) of this title](/usc/16/1421c.md?p=c); or
    - (C) the best professional judgment of an Onsite Coordinator, in the case of any matter that is not covered by the contingency plan.
- (b) **Limitation—** [Subsection (a)](#a) does not apply to actions of a [person](/usc/16/1362.md?p=10) described in that subsection that are grossly negligent or that constitute willful misconduct.

## Source credit

(Pub. L. 92–522, title IV, § 406, formerly title III, § 306, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered title IV, § 406, and amended Pub. L. 103–238, § 24(b), (c)(3), (4), Apr. 30, 1994, 108 Stat. 565, 566; Pub. L. 117–263, div. J, title CIV, § 10404, Dec. 23, 2022, 136 Stat. 3984.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (a). Pub. L. 117–263, in introductory provisions, inserted “or entanglement” after “to a stranding” and substituted “Government” for “government”.

1994—Subsec. (a)(2)(A), (B). Pub. L. 103–238, § 24(c)(3), (4), made technical amendment to references to section 1421c of this title to reflect renumbering of corresponding section of original act.