106 STAT. 5066 PUBLIC LAW 102-587 —NOV. 4, 1992 "(d) ACCESS.— The Secretary shall, in consultation with the Secretary of the Interior, establish criteria, after an opportunity for public review and comment, for access to^ "(1) marine mammal tissues in the Tissue Bank; "(2) analyses conducted ptirsuant to subsection (b); and HS) marine mammal data in the data base maintained under subsection (c); which provide for appropriate uses of the tissues, analyses, and data by qualified scientists, including stranding network participants. 16 USC 1421g. "SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 'There is authorized to be appropriated— "(1) to the Secretary for carrying out this title (other than sections 305 and 307) $250,000 for each of fiscal years 1993 and 1994; "(2) to the Secretary for carrying out section 307, $250,000 for each of fiscal years 1993 and 1994; and "(3) to the Fund, $500,000 for fiscal year 1993. 16 USC 1421h. "SEC. 309. DEFINITIONS. "In this title, the following definitions apply: "(1) The term 'Fund' means the Marine Mammal Unusual Mortality Event Fund established by section 305(a). "(2) The term 'Office' means the Office of Protected Resources, in the National Marine Fisheries Service. "(3) 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 iurisdiction 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) 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)(l) in response to a stranding. "(5) The term Tissue Bank' means the National Marine Tissue Bank provided for under section 307(a). "(6) The term 'unusual mortality event' means a stranding that— "(A) is unexpected; 3j
- (B) involves a significant die-off of any marine mammal population; and
"(C) demands immediate response.". 16 USC 1421a (b) IMPLEMENTATION. —The Secretary of Commerce shall— "°**- (1) in accordance with section 302(a) and (b) of the Marine Mammal Protection Act of 1972, as amended by this Act, and
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