Sec. 10401. DATA COLLECTION AND DISSEMINATION
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## SEC. 10401 DATA COLLECTION AND DISSEMINATION Section 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a) is amended— ####
(1)in subsection (b)— #####
(A)in paragraph (1)(A), by inserting “or entangled” after “stranded”; #####
(B)in paragraph (3)— ######
(i)by striking “strandings,” and inserting “strandings and entanglements, including unusual mortality events,”; ######
(ii)by inserting “stranding” before “region”; and ######
(iii)by striking “marine mammals; and” and inserting “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”; and #####
(C)in paragraph (4), by striking “analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters.” and inserting “analyses.”; and ####
(2)by striking subsection
(c)and inserting the following: > > ### “(c) Information Required To Be Submitted and Collected > > > #### “(1) In general > > After each response to a stranding or entanglement event, the Secretary 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 who responds to that stranding or entanglement to submit to the Administrator of the National Oceanic and Atmospheric Administration or the Director of the United States Fish and Wildlife Service— > > > ##### “(A) > > data on the stranding 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 Fish and Wildlife Service for species under its management authority; > > > ##### “(B) > > supplemental data to the data described in subparagraph (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 shall submit— > > > ##### “(A) > > the data described in paragraph (1)(A) not later than 30 days after the date of a response to a stranding or entanglement event; > > > ##### “(B) > > the compiled data described in paragraph (1)(B) not later than 30 days after the date on which the data is available to the stranding network participant; and > > > ##### “(C) > > the compiled data described in paragraph (1)(C) not later than 30 days after the date on which the laboratory analysis has been reported to the stranding network participant. > > > #### “(3) Online data input system > > The Secretary, acting through the Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the stranding network and the Office 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). > > > ### “(d) Availability of Data > > > #### “(1) In general > > The Secretary shall develop a program to make information, including any data and metadata collected under paragraph
(3)or
(4)of subsection
(b)or subsection (c), available to researchers, stranding network participants, and the public— > > > ##### “(A) > > to improve real-time coordination of response to stranding and entanglement events across geographic areas and between stranding 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 shall ensure that any data or metadata collected under subsection (c)— > > > ##### “(A) > > by staff of the National Oceanic and Atmospheric Administration or the United States Fish and Wildlife Service that responded directly to a stranding or entanglement event is available to the public through the Health MAP and the Observation System not later than 30 days after that data or metadata is collected by, available to, or reported to the Secretary; and > > > ##### “(B) > > by a stranding network participant that responded directly to a stranding or entanglement event is made available to the public through the Health MAP and the Observation System 2 years after the date on which that data are submitted to the Secretary under subsection (c). > > > #### “(3) Exceptions > > > ##### “(A) Written release > > Notwithstanding paragraph (2)(B), the Secretary may make data described in paragraph (2)(B) publicly available earlier than 2 years after the date on which that data are submitted to the Secretary under subsection (c), if the stranding network participant has completed a written release stating that such data may be made publicly available. > > > ##### “(B) Law enforcement > > Notwithstanding paragraph (2), the Secretary may withhold data for a longer period than the period of time described in paragraph
(2)in the event of a law enforcement action or legal action that may be related to that data. > > > ### “(e) Standards > > The Secretary, in consultation with the marine mammal stranding 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 and the Observation System; and > > > #### “(2) > > periodically update such guidance. > > > ### “(f) Management Policy > > In collaboration with the regional stranding networks, the Secretary shall develop, and periodically update, a data management and public outreach collaboration policy for stranding or entanglement events. > > > ### “(g) Authorship Agreements and Acknowledgment Policy > > The Secretary, acting through the Under Secretary 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. > > > ### “(h) Savings Clause > > The Secretary shall not require submission of research data that are not described in subsection (c).” > .
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Sec. 10401
DATA COLLECTION AND DISSEMINATION
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