Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

110th Congress 
 2d Session                      SENATE                          Report
                                                                110-421
_______________________________________________________________________
                                                       Calendar No. 881
 
         MARINE MAMMAL RESCUE ASSISTANCE AMENDMENTS ACT OF 2007

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                               H.R. 1006



                                     

        DATE deg.July 15, 2008.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        GORDON H. SMITH, Oregon
BARBARA BOXER, California            JOHN ENSIGN, Nevada
BILL NELSON, Florida                 JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington           JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey      DAVID VITTER, Louisiana
MARK PRYOR, Arkansas                 JOHN THUNE, South Dakota
THOMAS CARPER, Delaware              ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel
                                                       Calendar No. 881
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-421

======================================================================


         MARINE MAMMAL RESCUE ASSISTANCE AMENDMENTS ACT OF 2008

                                _______
                                

                 July 15, 2008.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following:

                              R E P O R T

                        [To accompany H.R. 1006]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (H.R. 1006) to amend the provisions 
of law relating to the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of H.R. 1006, the Marine Mammal Rescue Assistance 
Amendments Act of 2008, as reported, is to amend provisions of 
the Marine Mammal Protection Act of 1972 (MMPA, 16 U.S.C. 1361 
et. seq.) relating to the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program. The bill would add authorization for 
entanglement response agreements to existing provisions 
relating to stranding response agreements. In addition, the 
bill would require the Secretary of Commerce to collect and 
update existing practices and procedures for rescuing and 
rehabilitating entangled marine mammals and would define the 
terms ``entanglement'' and ``emergency assistance.''

                          Background and Needs

  The MMPA was enacted in 1972 to protect and conserve marine 
mammals and established a moratorium on taking or importing 
marine mammals and marine mammal products, except for certain 
regulated or permitted activities. The MMPA defines ``take'' as 
``to harass, hunt, capture, or kill or attempt to harass, hunt 
capture, or kill any marine mammal.'' In 1992, Congress enacted 
the Marine Mammal Health and Stranding Response Act (P.L. 102--
587) as Title IV of the MMPA. The Marine Mammal Health and 
Stranding Response Act statutorily recognized the marine mammal 
stranding network, established procedures for responding to 
unusual marine mammal mortality events, and established the 
National Marine Mammal Tissue Bank.
  However, because most marine mammal strandings are not 
associated with unusual mortality events, in 2000, Congress 
enacted into law the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program (P.L. 106--555). Prior to the 
establishment of this Federal grant program, assistance for 
strandings and rescues were provided by small, underfunded 
members of the Marine Mammal Stranding Network, who took on the 
financial burden to rescue and rehabilitate stranded marine 
mammals. The grant program defrays costs associated with the 
recovery and rehabilitation of marine mammals that fall outside 
of the existing Title IV program and allows eligible Marine 
Mammal Stranding Network participants to use funds to collect 
scientific data from live and dead animals, to improve the 
treatment and operation of rescue and rehabilitation centers, 
and to directly fund the recovery and treatment of the mammals. 
It is the intention of the Committee that the funds authorized 
in this bill may also be used for the disposal of marine mammal 
carcasses.

                          Legislative History

  The Marine Mammal Rescue Assistance Amendments Act of 2007 
was introduced by Representatives Young and Brown on February 
13, 2007, and passed the House of Representatives by voice vote 
under suspension of the rules on March 19, 2007. H.R. 1006 was 
referred to the Senate Committee on Commerce, Science, and 
Transportation on March 20, 2007. On May 15, 2008, the 
Committee considered the bill in an open executive session. 
Senator Inouye offered a substitute amendment making minor 
substantive and technical changes to the bill as introduced, 
and the Committee, without objection, ordered H.R. 1006 
reported, as amended by the substitute amendment.
  Staff assigned to this legislation are Amanda Hallberg, 
Democratic professional staff, and Todd Bertoson, Republican 
senior counsel.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                     June 19, 2008.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1006, the Marine 
Mammal Rescue Assistance Amendments of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 1006--Marine Mammal Rescue Assistance Amendments of 2008

    Summary: H.R. 1006 would reauthorize funding for programs 
to protect and rescue marine mammals such as whales that become 
stranded or entangled. Assuming appropriation of the authorized 
amounts (beginning in 2009), CBO estimates that implementing 
H.R. 1006 would increase discretionary spending by $10 million 
over the 2009-2013 period.
    The legislation also would create an emergency fund and 
allow amounts in that fund, including private contributions and 
interest earnings, to be spent without further appropriation. 
Enacting this provision could increase revenues (from 
donations) and direct spending (from those donations and from 
interest earned on fund balances). CBO estimates that those 
changes would result in net additional spending of about 
$100,000 a year, beginning in 2011.
    Finally, H.R. 1006 would expand coverage under the Federal 
Tort Claims Act to individuals who rescue marine mammals if 
they are operating under an agreement with the federal 
government. Enacting this provision could increase direct 
spending from the U.S. Treasury's Judgment Fund for payments 
arising from tort claims, CBO estimates that any increase would 
be minimal.
    H.R. 1006 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1006 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2009    2010    2011    2012    2013   2009-2013
----------------------------------------------------------------------------------------------------------------
                                CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\

Authorization Level..........................................       8       8       0       0       0        15
Estimated Outlays............................................       6       6       1       *       *        13
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
\1\ Enacting H.R. 1006 also would increase revenues (from donations) and direct spending (from those revenues
  and from interest earned on balances of appropriated and contributed funds). CBO estimates that the net
  budgetary effect of such changes would be a cost of about $100,000 a year, beginning in 2011.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of fiscal year 2008 
and that the authorized amounts will be provided as specified 
in the act, beginning with fiscal year 2009. Estimated outlays 
are based on historical spending patterns for similar programs.
    H.R. 1006 would authorize the appropriation of $7.5 million 
for each of fiscal years 2007 through 2010 for the John H. 
Prescott Marine Mammal Rescue Assistance Grant Program. The 
authorization includes $6 million for the National Oceanic and 
Atmospheric Administration (NOAA), $1 million for the U.S. Fish 
and Wildlife Service (USFWS), and $0.5 million for the Marine 
Mammal Unusual Mortality Event Fund (administered by NOAA). In 
recent years, NOAA has received appropriations of about $4 
million a year for the program, including $0.8 million in 2005 
to establish the Marine Mammal Unusual Mortality Event Fund. 
The USFWS also receives appropriations for this purpose, but 
under different statutes.
    The legislation also would establish the John H. Prescott 
Marine Mammal Rescue and Response Emergency Fund, consisting of 
a portion of amounts appropriated to the agencies, private 
donations, and interest earnings. Amounts in the emergency fund 
would be available to the agencies without further 
appropriation.
    Assuming appropriation of the authorized amounts for 2009 
and 2010, CBO estimates that NOAA and the USFWS would spend a 
total of $6 million in each of those years, primarily for 
grants to nonfederal groups that rescue marine mammals. We 
estimate that spending from the mortality event fund would be 
less than $200,000 a year over the 2009-2013 period. Based on 
information provided by NOAA, we assume that the remaining $2 
million authorized to be appropriated to that agency would be 
deposited in the new emergency fund along with an estimated 
$25,000 to $50,000 a year from new donations from private 
individuals or businesses. We estimate that NOAA would spend, 
without further appropriation, between $100,000 and $200,000 
annually from those donations and from interest credited to 
that fund for emergency rescues. Those changes would result in 
net spending of about $100,000 a year, beginning in 2011.
    Finally, H.R. 1006 would provide that individuals who 
rescue marine mammals from entanglements (from fishing nets, 
for example) would be considered federal employees if their 
actions result in claims for damages under the Federal Tort 
Claims Act. As a result of this provision, payments from the 
permanent, indefinite Judgment Fund could increase because the 
federal government could be held responsible for damage to 
fishing equipment or other private property. Based on 
information provided by NOAA, however, CBO estimates that any 
increase in direct spending would be negligible.
    Intergovernmental and private-sector impact: H.R. 1006 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Neil Hood; Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  H.R. 1006, as reported, would authorize appropriations to 
continue and expand existing National Oceanic and Atmospheric 
Administration (NOAA) programs and would make a number of 
changes to current law. This bill would have little, if any, 
regulatory impact.

                            ECONOMIC IMPACT

  This bill, as reported, would provide authorization of $7 
million for fiscal years 2007 through 2010 to the Prescott 
Program as well as $500,000 for each of fiscal years 2007 
through 2010 for the Marine Mammal Unusual Mortality Fund. 
These funding levels are not expected to have an inflationary 
impact on the Nation's economy.

                                PRIVACY

  The reported bill would have little, if any, impact on the 
personal privacy of U.S. citizens.

                               PAPERWORK

  The reported bill may slightly increase the paperwork 
requirements for NOAA when updating the stranding response 
agreements.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title

  This section would title this Act as the ``Marine Mammal 
Rescue Assistance Amendments Act of 2008.''

Section 2. Stranding and entanglement response

  This section would amend section 403 of the MMPA (16 U.S.C. 
1421b) to include the term ``entanglement'' to add 
authorization for entanglement response agreements to existing 
provisions relating to stranding response agreements. Section 2 
would require the Secretary of Commerce to collect and update 
existing practices and procedures for rescuing and 
rehabilitating entangled marine mammals. In addition, this 
provision would define the terms ``entanglement'' and 
``emergency assistance.'' Entanglement would be defined as an 
event in the wild in which a living or dead marine mammal has 
gear, rope, line, net, or other material wrapped around or 
attached to it either in the water, or on a beach or shore of 
the United States. Emergency assistance would be defined as 
response to an event that is not an unusual mortality event; 
leads to an immediate increase in required costs for response, 
recovery, or rehabilitation; may involve out-of-habitat 
animals; and may be cyclical or endemic or is found by the 
Secretary to qualify for emergency assistance.
  This section also would rename the John H. Prescott Marine 
Mammal Rescue Assistance Grant Program as the John H. Prescott 
Marine Mammal and Response Funding Program and establishes an 
interest bearing fund of the same name in the Treasury to be 
used for emergency responses. This section would give the 
program the ability to solicit and accept gifts and other 
donations to increase the impact of the program. It would 
authorize $7 million for fiscal years 2007 through 2010 to the 
Prescott Program, $6 million of which would be made available 
to the Secretary of Commerce. This section also would increase 
the maximum support for individual projects from $100,000 to 
$200,000 annually. Finally, this section would authorize 
$500,000 for each of fiscal years 2007 through 2010 for the 
Marine Mammal Unusual Mortality Fund, and require the Secretary 
of Commerce to provide grants with any funds that remain from 
administrative uses at the end of each fiscal year.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                  MARINE MAMMAL PROTECTION ACT OF 1972

SEC. 402. DETERMINATION; DATA COLLECTION AND DISSEMINATION

                            [16 U.S.C. 1421]

  (a) Determination for Release.--The Secretary shall, in 
consultation with the Secretary of the Interior, the Marine 
Mammal Commission, and individuals with knowledge and 
experience in marine science, marine mammal science, marine 
mammal veterinary and husbandry practices, and marine 
conservation, including stranding network participants, develop 
objective criteria, after an opportunity for public review and 
comment, to provide guidance for determining at what point a 
rehabilitated marine mammal is releasable to the wild.
  (b) Collection.--The Secretary shall, in consultation with 
the Secretary of the Interior, collect and update, 
periodically, existing information on--
          (1) procedures and practices for--
                  (A) rescuing and rehabilitating stranded or 
                entangled marine mammals, including criteria 
                used by stranding network participants, on a 
                species-by-species basis, for determining at 
                what point a marine mammal undergoing rescue 
                and rehabilitation is returnable to the wild; 
                and
                  (B) collecting, preserving, labeling, and 
                transporting marine mammal tissues for 
                physical, chemical, and biological analyses;
          (2) appropriate scientific literature on marine 
        mammal health, disease, and rehabilitation;
          (3) 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
          (4) other life history and reference level data, 
        including marine mammal tissue analyses, that would 
        allow comparison of the causes of illness and deaths in 
        stranded marine mammals with physical, chemical, and 
        biological environmental parameters.
  (c) Availability.--The Secretary shall make information 
collected under this section available to stranding network 
participants and other qualified scientists.

[SEC 403. STRANDING RESPONSE AGREEMENTS.]

SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.

                            [16 U.S.C. 1421]

  (a) In General.--The Secretary may enter into an agreement 
under section 112(c) with any person to take marine mammals 
under section 109(h)(1) in response to a stranding or 
entaglement.
  (b) Required Provision.--An agreement authorized by 
subsection (a) shall--
          (1) specify each person who is authorized to perform 
        activities under the agreement; and
          (2) specify any terms and conditions under which a 
        person so specified may delegate that authority to 
        another person.
  (c) Review.--The Secretary shall periodically review 
agreements under section 112(c) that are entered into pursuant 
to this title, for performance adequacy and effectiveness.

SEC. 406. LIABILITY.

                            [16 U.S.C. 1421]

  (a) In General.--A person who is authorized to respond to a 
stranding or entanglement pursuant to an agreement entered into 
under section 112(c) is deemed to be an employee of the 
government for purposes of chapter 171 of title 28, United 
States Code, with respect to actions of the person that are--
          (1) in accordance with the agreement; and
          (2) in the case of an unusual mortality event, in 
        accordance with--
                  (A) the contingency plan issued under section 
                404(b);
                  (B) the instructions of an Onsite Coordinator 
                designated under section 404(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) does not apply to actions of 
a person described in that subsection that are grossly 
negligent or that constitute willful misconduct.

[SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT 
                    PROGRAM.]

SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE FUNDING 
                    PROGRAM.

                            [16 U.S.C. 1421]

  [(a) In General.--
          [(1) Subject to the availability of appropriations, 
        the Secretary shall conduct a grant program to be known 
        as the John H. Prescott Marine Mammal Rescue Assistance 
        Grant Program, to provide grants to eligible stranding 
        network participants for the recovery or treatment of 
        marine mammals, the collection of data from living or 
        dead stranded marine mammals for scientific research 
        regarding marine mammal health, and facility operation 
        costs that are directly related to those purposes.]
  (a) In General.--(1) Subject to the availability of 
appropriations, the Secretary shall conduct a program to be 
known as the John H. Prescott Marine Mammal Rescue and Response 
Funding Program, to provide for the recovery or treatment of 
marine mammals, the collection of data from living or dead 
stranded marine mammals for scientific research regarding 
marine mammal health, facility operation costs that are 
directly related to those purposes, and stranding events 
requiring emergency assistance. All funds to implement this 
section shall be distributed to eligible stranding network 
participants for the purposes set forth in this paragraph, 
except as provided in subsection (f).
    (2) Contract Authority.--To carry out the activities set 
out in paragraph (1), the Secretary may enter into grants, 
cooperative agreements, contracts, or such other agreements or 
arrangements as the Secretary deems appropriate.
  (3) Emergency Prescott Fund.--There is established in the 
Treasury an interest bearing fund to be known as the ``John H. 
Prescott Marine Mammal Rescue and Response Emergency Fund'', 
which shall consist of a portion of amounts deposited into the 
Fund under subsections (h) and (i), and which shall remain 
available until expended without regard to any statutory or 
regulatory provision related to the negotiation, award, or 
administration of any grants, cooperative agreements, and 
contracts.
    [(2)] (4)(A) The Secretary shall ensure that, to the 
greatest extent practicable, funds provided as grants under 
this subsection are distributed equitably among the stranding 
regions [designated as of the date of the enactment of the 
Marine Mammal Rescue Assistance Act of 2000, and in making such 
grants] as defined in subsection (g)(3). The Secretary shall 
give preference to those facilities that have established 
records for rescuing or rehabilitating sick and stranded marine 
mammals in each of the respective regions, or [subregions] 
subregions where such facilities exist.
    (B) In determining priorities among such regions, the 
Secretary may consider--
          (i) any episodic stranding or any mortality event 
        other than an event described in [section 410(6)] 
        section 410(7), that occurred in any region in the 
        preceding year;
          (ii) data regarding average annual strandings and 
        mortality events per region; and
          (iii) the size of the marine mammal populations 
        inhabiting a geographic area within such a region.
  (b) Application.--To receive a grant under this section, a 
stranding network participant shall submit an application in 
such form and manner as the Secretary may prescribe.
  (c) Consultation.--The Secretary shall consult with the 
Marine Mammal Commission, a representative from each of the 
designated stranding regions, and other individuals who 
represent public and private organizations that are actively 
involved in rescue, rehabilitation, release, scientific 
research, marine conservation, and forensic science regarding 
stranded marine mammals, regarding the development of criteria 
for the implementation of the grant program and the awarding of 
grants under the program.
  [(d) Limitation.--The amount of a grant under this section 
shall not exceed $100,000.]
  (d) Limitation.--Support for an individual project under this 
section may not exceed $200,000 per annum.
  (e) Matching Requirement.--
          (1) In general.--The non-Federal share of the costs 
        of an activity conducted with [a grant] funds under 
        this section shall be 25 percent of such Federal costs.
          (2) In-kind contributions.--The Secretary may apply 
        to the non-Federal share of an activity conducted with 
        a grant under this section the amount of funds, and the 
        fair market value of property and services, provided by 
        non-Federal sources and used for the activity.
  [(f) Administrative Expenses.--Of amounts available each 
fiscal year to carry out this section, the Secretary may expend 
not more than 6 percent or $80,000, whichever is greater, to 
pay the administrative expenses necessary to carry out this 
section.]
  (f) Administrative Costs and Expenses.--Of the amounts 
available each fiscal year to carry out this section, the 
Secretary may expend not more than 6 percent or $80,000, 
whichever is greater, to pay the administrative costs and 
administrative expenses to implement the grant program under 
subsection (a). Any such funds retained by the Secretary for a 
fiscal year for such costs and expenses that are not used for 
such costs and expenses before the end of the fiscal year shall 
be provided as grants under subsection (a).
  (g) Definitions.--In this section:
          (1) Designated stranding region.--The term 
        ``designated stranding region'' means a geographic 
        region designated by the Secretary for purposes of 
        administration of this title.
          (2) Emergency assistance.--The term ``emergency 
        assistance'' means assistance provided for a stranding 
        event--
                  (A) that--
                          (i) is not an unusual mortality event 
                        as defined in section 409(6);
                          (ii) leads to an immediate increase 
                        in required costs for stranding 
                        response, recovery, or rehabilitation 
                        in excess of regularly scheduled costs;
                          (iii) may be cyclical or endemic; and
                          (iv) may involve out-of-habitat 
                        animals; or
                  (B) is found by the Secretary to qualify for 
                emergency assistance.
          [(2)] (3) Secretary.--The term ``Secretary'' has the 
        meaning given that term in section 3(12)(A).
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section [$5,000,000 for each 
of fiscal years 2001 through 2003] $7,000,000 for each of 
fiscal years 2007 through 2010, to remain available until 
expended, of which--
          (1) [$4,000,000] $6,000,000 may be available to the 
        Secretary of Commerce; and
          (2) $1,000,000 may be available to the Secretary of 
        the Interior.
  (i) Contributions.--For purposes of carrying out this 
section, the Secretary may solicit, accept, receive, hold, 
administer, and use gifts, devises, and bequests without any 
further approval or administrative action.

SEC. 410. DEFINITIONS.

                            [16 U.S.C. 1421]

  In this title, the following definitions apply:
          (1) The term ``entanglement'' means an event in the 
        wild in which a living or dead marine mammal has gear, 
        rope, line, net, or other material wrapped around or 
        attached to it and is--
                  (A) on a beach or shore of the United States; 
                or
                  (B) in waters under the jurisdiction of the 
                United States.
          [(1)] (2) The term ``Fund'' means the Marine Mammal 
        Unusual Mortality Event Fund established by section 
        405(a).
          [(2)] (3) The term ``Office'' means the Office of 
        Protected Resources, in the National Marine Fisheries 
        Service.
          [(3)] (4) The term ``stranding'' means an event in 
        the wild in which--
                  (A) a marine mammal is dead and is--
                          (i) on a beach or shore of the United 
                        States; or
                          (ii) in waters under the jurisdiction 
                        of the United States (including any 
                        navigable waters); or
                  (B) a marine mammal is alive and is--
                          (i) on a beach or shore of the United 
                        States and unable to return to the 
                        water;
                          (ii) on a beach or shore of the 
                        United States and, although able to 
                        return to the water, is in need of 
                        apparent medical attention; or
                          (iii) in the waters under the 
                        jurisdiction of the United States 
                        (including any navigable waters), but 
                        is unable to return to its natural 
                        habitat under its own power or without 
                        assistance.
          [(4)] (5) The term ``stranding network participant'' 
        means a person who is authorized by an agreement under 
        section 112(c) to take marine mammals as described in 
        section 109(h)(1) in response to a stranding.
          [(5)] (6) The term ``Tissue Bank'' means the National 
        Marine Tissue Bank provided for under section 407(a).
          [(6)] (7) The term ``unusual mortality event'' means 
        a stranding that--
                  (A) is unexpected;
                  (B) involves a significant die-off of any 
                marine mammal population; and
                  (C) demands immediate response.