US (United States) Code. Title 16. Chapter 44: Antarctic conservation

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense

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16 USC CHAPTER 44 - ANTARCTIC CONSERVATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

.

-HEAD-

CHAPTER 44 - ANTARCTIC CONSERVATION

-MISC1-

Sec.

2401. Congressional findings and declaration of purpose.

(a) Findings.

(b) Purpose.

2402. Definitions.

2403. Prohibited acts.

(a) In general.

(b) Acts prohibited unless authorized by permit.

(c) Exception for emergencies.

2403a. Environmental impact assessment.

(a) Federal activities.

(b) Federal activities carried out jointly with

foreign governments.

(c) Nongovernmental activities.

(d) Decision to proceed.

(e) Cases of emergency.

(f) Exclusive mechanism.

(g) Decisions on permit applications.

(h) Publication of notices.

2404. Permits.

(a) In general.

(b) Applications for permits.

(c) Action by appropriate Secretaries on certain

permit applications.

(d) Issuance of permits.

(e) Terms and conditions of permits.

(e) Judicial review.

(f) Modification, suspension, and revocation.

(g) Permit fees.

2405. Regulations.

(a) Regulations to be issued by Director.

(b) Regulations to be issued by Secretary of

Department in which Coast Guard is operating.

(c) Time period for regulations.

2406. Notification of travel to Antarctica.

2407. Civil penalties.

(a) Assessment of penalties.

(b) Hearings.

(c) Review.

(d) Penalties under other laws.

2408. Criminal offenses.

(a) Offenses.

(b) Punishment.

(c) Offenses under other laws.

2409. Enforcement.

(a) Responsibility.

(b) Powers of authorized officers.

(c) Seizure.

(d) Forfeiture.

(e) Application of customs laws.

(f) Regulations.

2410. Jurisdiction of district courts.

2411. Federal agency cooperation.

2412. Relationship to existing treaties.

2413. Savings provision.

(a) Regulations.

(b) Permits.

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16 USC Sec. 2401 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2401. Congressional findings and declaration of purpose

-STATUTE-

(a) Findings

The Congress finds that -

(1) for well over a quarter of a century, scientific

investigation has been the principal activity of the Federal

Government and United States nationals in Antarctica;

(2) more recently, interest of American tourists in Antarctica

has increased;

(3) as the lead civilian agency in Antarctica, the National

Science Foundation has long had responsibility for ensuring that

United States scientific activities and tourism, and their

supporting logistics operations, are conducted with an eye to

preserving the unique values of the Antarctic region;

(4) the Antarctic Treaty and the Protocol establish a firm

foundation for the conservation of Antarctic resources, for the

continuation of international cooperation and the freedom of

scientific investigation in Antarctica; and

(5) the Antarctic Treaty and the Protocol establish

international mechanisms and create legal obligations necessary

for the maintenance of Antarctica as a natural reserve devoted to

peace and science.

(b) Purpose

The purpose of this chapter is to provide for the conservation

and protection of the fauna and flora of Antarctica, and of the

ecosystem upon which such fauna and flora depend, consistent with

the Antarctic Treaty and the Protocol.

-SOURCE-

(Pub. L. 95-541, Sec. 2, Oct. 28, 1978, 92 Stat. 2048; Pub. L.

104-227, title I, Sec. 101, Oct. 2, 1996, 110 Stat. 3034.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1) to (3). Pub. L. 104-227, Sec. 101(a)(1),

added pars. (1) to (3). Former pars. (1) and (2) redesignated (4)

and (5), respectively.

Subsec. (a)(4). Pub. L. 104-227, Sec. 101(a)(1), (2),

redesignated par. (1) as (4) and substituted ''the Protocol

establish a firm foundation for the conservation of Antarctic

resources,'' for ''the Agreed Measures for the Conservation of

Antarctic Fauna and Flora, adopted at the Third Antarctic Treaty

Consultative Meeting, have established a firm foundation''.

Subsec. (a)(5). Pub. L. 104-227, Sec. 101(a)(1), (3),

redesignated par. (2) as (5) and substituted ''the Antarctic Treaty

and the Protocol establish international mechanisms and create

legal obligations necessary for the maintenance of Antarctica as a

natural reserve devoted to peace and science.'' for ''the study of

Antarctic fauna and flora, their adaptation to their rigorous

environment, and their interrelationships with that environment has

special scientific importance for all mankind.''

Subsec. (b). Pub. L. 104-227, Sec. 101(b), substituted ''Treaty

and the Protocol'' for ''Treaty, the Agreed Measures for the

Conservation of Antarctic Fauna and Flora, and Recommendation VII-3

of the Eighth Antarctic Treaty Consultative Meeting''.

SHORT TITLE OF 1996 AMENDMENT

Section 1 of Pub. L. 104-227 provided that: ''This Act (enacting

sections 2403a and 2413 of this title, amending this section,

sections 2402 to 2405, and 2463 of this title, and sections 1901 to

1903, 1905, 1907, and 1908 of Title 33, Navigation and Navigable

Waters, and repealing sections 2464 and 2466 of this title) may be

cited as the 'Antarctic Science, Tourism, and Conservation Act of

1996'.''

SHORT TITLE

Section 1 of Pub. L. 95-541 provided: ''That this Act (enacting

this chapter, amending section 1971 of Title 22, Foreign Relations

and Intercourse, and enacting a provision set out as a note under

section 1971 of Title 22) may be cited as the 'Antarctic

Conservation Act of 1978'.''

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16 USC Sec. 2402 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2402. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term ''Administrator'' means the Administrator of the

Environmental Protection Agency;

(2) the term ''Antarctica'' means the area south of 60 degrees

south latitude;

(3) the term ''Antarctic Specially Protected Area'' means an

area identified as such pursuant to Annex V to the Protocol;

(4) the term ''Director'' means the Director of the National

Science Foundation;

(5) the term ''harmful interference'' means -

(A) flying or landing helicopters or other aircraft in a

manner that disturbs concentrations of birds or seals;

(B) using vehicles or vessels, including hovercraft and small

boats, in a manner that disturbs concentrations of birds or

seals;

(C) using explosives or firearms in a manner that disturbs

concentrations of birds or seals;

(D) willfully disturbing breeding or molting birds or

concentrations of birds or seals by persons on foot;

(E) significantly damaging concentrations of native

terrestrial plants by landing aircraft, driving vehicles, or

walking on them, or by other means; and

(F) any activity that results in the significant adverse

modification of habitats of any species or population of native

mammal, native bird, native plant, or native invertebrate;

(6) the term ''historic site or monument'' means any site or

monument listed as an historic site or monument pursuant to Annex

V to the Protocol;

(7) the term ''impact'' means impact on the Antarctic

environment and dependent and associated ecosystems;

(8) the term ''import'' means to land on, bring into, or

introduce into, or attempt to land on, bring into or introduce

into, any place subject to the jurisdiction of the United States,

including the 12-mile territorial sea of the United States,

whether or not such act constitutes an importation within the

meaning of the customs laws of the United States;

(9) the term ''native bird'' means any member, at any stage of

its life cycle (including eggs), of any species of the class Aves

which is indigenous to Antarctica or occurs there seasonally

through natural migrations, and includes any part of such member;

(10) the term ''native invertebrate'' means any terrestrial or

freshwater invertebrate, at any stage of its life cycle, which is

indigenous to Antarctica, and includes any part of such

invertebrate;

(11) the term ''native mammal'' means any member, at any stage

of its life cycle, of any species of the class Mammalia, which is

indigenous to Antarctica or occurs there seasonally through

natural migrations, and includes any part of such member;

(12) the term ''native plant'' means any terrestrial or

freshwater vegetation, including bryophytes, lichens, fungi, and

algae, at any stage of its life cycle (including seeds and other

propagules), which is indigenous to Antarctica, and includes any

part of such vegetation;

(13) the term ''non-native species'' means any species of

animal or plant which is not indigenous to Antarctica and does

not occur there seasonally through natural migrations;

(14) the term ''person'' has the meaning given that term in

section 1 of title 1 and includes any person subject to the

jurisdiction of the United States and any department, agency, or

other instrumentality of the Federal Government or of any State

or local government;

(15) the term ''prohibited product'' means any substance banned

from introduction onto land or ice shelves or into water in

Antarctica pursuant to Annex III to the Protocol;

(16) the term ''prohibited waste'' means any substance which

must be removed from Antarctica pursuant to Annex III to the

Protocol, but does not include materials used for balloon

envelopes required for scientific research and weather

forecasting;

(17) the term ''Protocol'' means the Protocol on Environmental

Protection to the Antarctic Treaty, signed October 4, 1991, in

Madrid, and all annexes thereto, including any future amendments

thereto to which the United States is a party;

(18) the term ''Secretary'' means the Secretary of Commerce;

(19) the term ''Specially Protected Species'' means any native

species designated as a Specially Protected Species pursuant to

Annex II to the Protocol;

(20) the term ''take'' means to kill, injure, capture, handle,

or molest a native mammal or bird, or to remove or damage such

quantities of native plants that their local distribution or

abundance would be significantly affected;

(21) the term ''Treaty'' means the Antarctic Treaty signed in

Washington, DC, on December 1, 1959;

(22) the term ''United States'' means the several States of the

Union, the District of Columbia, the Commonwealth of Puerto Rico,

American Samoa, the Virgin Islands, Guam, the Commonwealth of the

Northern Mariana Islands, and any other commonwealth, territory,

or possession of the United States; and

(23) the term ''vessel subject to the jurisdiction of the

United States'' includes any ''vessel of the United States'' and

any ''vessel subject to the jurisdiction of the United States''

as those terms are defined in section 2432 of this title.

-SOURCE-

(Pub. L. 95-541, Sec. 3, Oct. 28, 1978, 92 Stat. 2048; Pub. L.

104-227, title I, Sec. 102, Oct. 2, 1996, 110 Stat. 3035.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-227 reenacted section catchline without change

and amended text generally. Prior to amendment, text defined

''Agreed Measures'', ''Antarctica'', ''collect'', ''Director'',

''foreign person'', ''native bird'', ''native mammal'', ''native

plant'', ''pollutant'', ''site of special scientific interest'',

''specially protected area'', ''specially protected species'',

''take'', ''Treaty'', ''United States'', and ''United States

citizen''.

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

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16 USC Sec. 2403 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2403. Prohibited acts

-STATUTE-

(a) In general

It is unlawful for any person -

(1) to introduce any prohibited product onto land or ice

shelves or into water in Antarctica;

(2) to dispose of any waste onto ice-free land areas or into

fresh water systems in Antarctica;

(3) to dispose of any prohibited waste in Antarctica;

(4) to engage in open burning of waste;

(5) to transport passengers to, from, or within Antarctica by

any seagoing vessel not required to comply with the Act to

Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), unless the

person has an agreement with the vessel owner or operator under

which the owner or operator is required to comply with Annex IV

to the Protocol;

(6) who organizes, sponsors, operates, or promotes a

nongovernmental expedition to Antarctica, and who does business

in the United States, to fail to notify all members of the

expedition of the environmental protection obligations of this

chapter, and of actions which members must take, or not take, in

order to comply with those obligations;

(7) to damage, remove, or destroy a historic site or monument;

(8) to refuse permission to any authorized officer or employee

of the United States to board a vessel, vehicle, or aircraft of

the United States, or subject to the jurisdiction of the United

States, for the purpose of conducting any search or inspection in

connection with the enforcement of this chapter or any regulation

promulgated or permit issued under this chapter;

(9) to forcibly assault, resist, oppose, impede, intimidate, or

interfere with any authorized officer or employee of the United

States in the conduct of any search or inspection described in

paragraph (8);

(10) to resist a lawful arrest or detention for any act

prohibited by this section;

(11) to interfere with, delay, or prevent, by any means, the

apprehension, arrest, or detention of another person, knowing

that such other person has committed any act prohibited by this

section;

(12) to violate any regulation issued under this chapter, or

any term or condition of any permit issued to that person under

this chapter; or

(13) to attempt to commit or cause to be committed any act

prohibited by this section.

(b) Acts prohibited unless authorized by permit

It is unlawful for any person, unless authorized by a permit

issued under this chapter -

(1) to dispose of any waste in Antarctica (except as otherwise

authorized by the Act to Prevent Pollution from Ships (33 U.S.C.

1901 et seq.)) including -

(A) disposing of any waste from land into the sea in

Antarctica; and

(B) incinerating any waste on land or ice shelves in

Antarctica, or on board vessels at points of embarcation or

debarcation, other than through the use at remote field sites

of incinerator toilets for human waste;

(2) to introduce into Antarctica any member of a nonnative

species;

(3) to enter or engage in activities within any Antarctic

Specially Protected Area;

(4) to engage in any taking or harmful interference in

Antarctica; or

(5) to receive, acquire, transport, offer for sale, sell,

purchase, import, export, or have custody, control, or possession

of, any native bird, native mammal, or native plant which the

person knows, or in the exercise of due care should have known,

was taken in violation of this chapter.

(c) Exception for emergencies

No act described in subsection (a)(1), (2), (3), (4), (5), (7),

(12), or (13) of this section or in subsection (b) of this section

shall be unlawful if the person committing the act reasonably

believed that the act was committed under emergency circumstances

involving the safety of human life or of ships, aircraft, or

equipment or facilities of high value, or the protection of the

environment.

-SOURCE-

(Pub. L. 95-541, Sec. 4, Oct. 28, 1978, 92 Stat. 2049; Pub. L.

104-227, title I, Sec. 103, Oct. 2, 1996, 110 Stat. 3036.)

-REFTEXT-

REFERENCES IN TEXT

The Act to Prevent Pollution from Ships, referred to in subsecs.

(a)(5) and (b)(1), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297,

as amended, which is classified principally to chapter 33 (Sec.

1901 et seq.) of Title 33, Navigation and Navigable Waters. For

complete classification of this Act to the Code, see Short Title

note set out under section 1901 of Title 33 and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-227 reenacted section catchline without change

and amended text generally. Prior to amendment, text consisted of

subsec. (a) ''In General'', which set forth unlawful acts in pars.

(1) to (4) and provided that such acts would not be unlawful if

committed under emergency circumstances to prevent the loss of

human life, and subsec. (b) ''Exception'', which provided that

subsec. (a) would not apply with respect to any native mammal,

native bird, or native plant held in captivity or to any offspring

of such mammal, bird, or plant.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2404, 2405, 2407, 2408,

2409 of this title.

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16 USC Sec. 2403a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2403a. Environmental impact assessment

-STATUTE-

(a) Federal activities

(1)(A) The obligations of the United States under Article 8 of

and Annex I to the Protocol shall be implemented by applying the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

to proposals for Federal agency activities in Antarctica, as

specified in this section.

(B) The obligations contained in section 102(2)(C) of the

National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C))

shall apply to all proposals for Federal agency activities

occurring in Antarctica and affecting the quality of the human

environment in Antarctica or dependent or associated ecosystems,

only as specified in this section. For purposes of the application

of such section 102(2)(C) under this subsection, the term

''significantly affecting the quality of the human environment''

shall have the same meaning as the term ''more than a minor or

transitory impact''.

(2)(A) Unless an agency which proposes to conduct a Federal

activity in Antarctica determines that the activity will have less

than a minor or transitory impact, or unless a comprehensive

environmental evaluation is being prepared in accordance with

subparagraph (C), the agency shall prepare an initial environmental

evaluation in accordance with Article 2 of Annex I to the Protocol.

(B) If the agency determines, through the preparation of the

initial environmental evaluation, that the proposed Federal

activity is likely to have no more than a minor or transitory

impact, the activity may proceed if appropriate procedures are put

in place to assess and verify the impact of the activity.

(C) If the agency determines, through the preparation of the

initial environmental evaluation or otherwise, that a proposed

Federal activity is likely to have more than a minor or transitory

impact, the agency shall prepare and circulate a comprehensive

environmental evaluation in accordance with Article 3 of Annex I to

the Protocol, and shall make such comprehensive environmental

evaluation publicly available for comment.

(3) Any agency decision under this section on whether a proposed

Federal activity, to which paragraph (2)(C) applies, should

proceed, and, if so, whether in its original or in a modified form,

shall be based on the comprehensive environmental evaluation as

well as other considerations which the agency, in the exercise of

its discretion, considers relevant.

(4) For the purposes of this section, the term ''Federal

activity'' includes all activities conducted under a Federal agency

research program in Antarctica, whether or not conducted by a

Federal agency.

(b) Federal activities carried out jointly with foreign governments

(1) For the purposes of this subsection, the term ''Antarctic

joint activity'' means any Federal activity in Antarctica which is

proposed to be conducted, or which is conducted, jointly or in

cooperation with one or more foreign governments. Such term shall

be defined in regulations promulgated by such agencies as the

President may designate.

(2) Where the Secretary of State, in cooperation with the lead

United States agency planning an Antarctic joint activity,

determines that -

(A) the major part of the joint activity is being contributed

by a government or governments other than the United States;

(B) one such government is coordinating the implementation of

environmental impact assessment procedures for that activity; and

(C) such government has signed, ratified, or acceded to the

Protocol,

the requirements of subsection (a) of this section shall not apply

with respect to that activity.

(3) In all cases of Antarctic joint activity other than those

described in paragraph (2), the requirements of subsection (a) of

this section shall apply with respect to that activity, except as

provided in paragraph (4).

(4) Determinations described in paragraph (2), and agency actions

and decisions in connection with assessments of impacts of

Antarctic joint activities, shall not be subject to judicial

review.

(c) Nongovernmental activities

(1) The Administrator shall, within 2 years after October 2,

1996, promulgate regulations to provide for -

(A) the environmental impact assessment of nongovernmental

activities, including tourism, for which the United States is

required to give advance notice under paragraph 5 of Article VII

of the Treaty; and

(B) coordination of the review of information regarding

environmental impact assessment received from other Parties under

the Protocol.

(2) Such regulations shall be consistent with Annex I to the

Protocol.

(d) Decision to proceed

(1) No decision shall be taken to proceed with an activity for

which a comprehensive environmental evaluation is prepared under

this section unless there has been an opportunity for consideration

of the draft comprehensive environmental evaluation at an Antarctic

Treaty Consultative Meeting, except that no decision to proceed

with a proposed activity shall be delayed through the operation of

this paragraph for more than 15 months from the date of circulation

of the draft comprehensive environmental evaluation pursuant to

Article 3(3) of Annex I to the Protocol.

(2) The Secretary of State shall circulate the final

comprehensive environmental evaluation, in accordance with Article

3(6) of Annex I to the Protocol, at least 60 days before the

commencement of the activity in Antarctica.

(e) Cases of emergency

The requirements of this section, and of regulations promulgated

under this section, shall not apply in cases of emergency relating

to the safety of human life or of ships, aircraft, or equipment and

facilities of high value, or the protection of the environment,

which require an activity to be undertaken without fulfilling those

requirements.

(f) Exclusive mechanism

Notwithstanding any other provision of law, the requirements of

this section shall constitute the sole and exclusive statutory

obligations of the Federal agencies with regard to assessing the

environmental impacts of proposed Federal activities occurring in

Antarctica.

(g) Decisions on permit applications

The provisions of this section requiring environmental impact

assessments (including initial environmental evaluations and

comprehensive environmental evaluations) shall not apply to Federal

actions with respect to issuing permits under section 2404 of this

title.

(h) Publication of notices

Whenever the Secretary of State makes a determination under

paragraph (2) of subsection (b) of this section, or receives a

draft comprehensive environmental evaluation in accordance with

Annex I, Article 3(3) to the Protocol, the Secretary of State shall

cause timely notice thereof to be published in the Federal

Register.

-SOURCE-

(Pub. L. 95-541, Sec. 4A, as added Pub. L. 104-227, title I, Sec.

104, Oct. 2, 1996, 110 Stat. 3038.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (a)(1)(A), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,

as amended, which is classified generally to chapter 55 (Sec. 4321

et seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

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16 USC Sec. 2404 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2404. Permits

-STATUTE-

(a) In general

The Director may issue permits which authorize acts otherwise

prohibited by section 2403(b) of this title.

(b) Applications for permits

(1) Applications for permits under this section shall be made in

such manner and form, and shall contain such information, as the

Director shall by regulation prescribe.

(2) The Director shall publish notice in the Federal Register of

each application which is made for a permit under this section.

The notice shall invite the submission by interested parties,

within 30 days after the date of publication of the notice, of

written data, comments, or views with respect to the application.

Information received by the Director as a part of any application

shall be available to the public as a matter of public record.

(c) Action by appropriate Secretaries on certain permit

applications

(1) If the Director receives an application for a permit under

this section requesting authority to undertake any action with

respect to -

(A) any native mammal which is a marine mammal within the

meaning of section 1362(5) (FOOTNOTE 1) of this title;

(FOOTNOTE 1) See References in Text note below.

(B) any native mammal, native bird, or native plant which is an

endangered species or threatened species under the Endangered

Species Act of 1973 (16 U.S.C. 1531 et seq.); or

(C) any native bird which is protected under the Migratory Bird

Treaty Act (16 U.S.C. 701 et seq.);

the Director shall submit a copy of the application to the

Secretary of Commerce or to the Secretary of the Interior, as

appropriate (hereinafter in this subsection referred to

respectively as the ''appropriate Secretary'').

(2) After receiving a copy of any application from the Director

under paragraph (1) the appropriate Secretary shall promptly

determine, and notify the Director, whether or not any action

proposed in the application also requires a permit or other

authorization under any law administered by the appropriate

Secretary.

(3) If the appropriate Secretary notifies the Director that any

action proposed in the application requires a permit or other

authorization under any law administered by the appropriate

Secretary, the Director may not issue a permit under this section

with respect to such action unless such other required permit or

authorization is issued by the appropriate Secretary and a copy

thereof is submitted to the Director. The issuance of any permit or

other authorization by the appropriate Secretary for the carrying

out of any action with respect to any native mammal, native bird,

or native plant shall not be deemed to entitle the applicant

concerned to the issuance by the Director of a permit under this

section.

(d) Issuance of permits

As soon as practicable after receiving any application for a

permit under this section, or, in the case of any application to

which subsection (c) of this section applies, as soon as

practicable after the applicable requirements of such subsection

are complied with, the Director shall issue, or deny the issuance

of, the permit. Within 10 days after the date of the issuance or

denial of a permit under this subsection, the Director shall

publish notice of the issuance or denial in the Federal Register.

(e) (FOOTNOTE 2) Terms and conditions of permits

(FOOTNOTE 2) So in original. Two subsecs. (e) have been

enacted.

(1) Each permit issued under this section shall -

(A) if applicable, specify -

(i) the number and species of native mammals, native birds,

native plants, or native invertebrates to which the permit

applies, and

(ii) the manner in which the taking or harmful interference

shall be conducted (which manner shall be determined by the

Director to be humane) and the area in which it will be

conducted;

(B) the period during which the permit is valid; and

(C) such other terms and conditions as the Director deems

necessary and appropriate to ensure that any act authorized under

the permit is carried out in a manner consistent with the purpose

of this chapter, the criteria set forth in paragraph (2), if

applicable, and the regulations prescribed under this chapter.

(2) The terms and conditions imposed by the Director in any

permit issued under this section that authorizes any of the

following acts shall be consistent with the following criteria:

(A) Permits authorizing the taking or harmful interference

within Antarctica of any native mammal or native bird (other than

a Specially Protected Species of any such mammal or bird) -

(i) may be issued only for the purpose of providing -

(I) specimens for scientific study or scientific

information, or

(II) specimens for museums, zoological gardens, or other

educational or cultural institutions or uses, or

(III) for unavoidable consequences of scientific activities

or the construction and operation of scientific support

facilities; and

(ii) shall ensure, as far as possible, that -

(I) no more native mammals and native birds are taken in

any year than can normally be replaced by net natural

reproduction in the following breeding season, and

(II) the variety of species and the balance of the natural

ecological systems within Antarctica are maintained.

(B) Permits authorizing the taking of Specially Protected

Species may be issued only if -

(i) there is a compelling scientific purpose for such taking;

and

(ii) the actions allowed under any such permit will not

jeopardize any existing natural ecological system, or the

survival, of such species.

(C) A permit authorizing the entry into an Antarctic Specially

Protected Area shall be issued only -

(i) if the entry is consistent with an approved management

plan, or

(ii) if a management plan relating to the area has not been

approved but -

(I) there is a compelling purpose for such entry which

cannot be served elsewhere, and

(II) the actions allowed under the permit will not

jeopardize the natural ecological system existing in such

area.

(e) (FOOTNOTE 3) Judicial review

(FOOTNOTE 3) So in original. Two subsecs. (e) have been

enacted.

Any applicant for a permit may obtain judicial review of the

terms and conditions of any permit issued by the Director under

this section or of the refusal of the Director to issue such a

permit. Such review, which shall be pursuant to chapter 7 of title

5, may be initiated by filing a petition for review in the United

States district court for the district wherein the applicant for a

permit resides, or has his principal place of business, or in the

United States District Court for the District of Columbia, within

60 days after the date on which such permit is issued or denied.

(f) Modification, suspension, and revocation

(1) The Director may modify, suspend, or revoke, in whole or

part, any permit issued under this section -

(A) in order to make the permit consistent with any change made

after the date of issuance of the permit, to any regulation

prescribed under section 2405 of this title;

(B) if there is any change in conditions which makes the permit

inconsistent with the purpose of this chapter; or

(C) in any case in which there has been any violation of any

term or condition of the permit, any regulation prescribed under

this chapter, or any provision of this chapter.

(2) Whenever the Director proposes any modification, suspension,

or revocation of a permit under this subsection, the permittee

shall be afforded opportunity, after due notice, for a hearing by

the Director with respect to such proposed modification,

suspension, or revocation. If a hearing is requested, the action

proposed by the Director shall not take effect before a decision is

issued by him after the hearing, unless the proposed action is

taken by the Director to meet an emergency situation. Any action

taken by the Director after such a hearing is subject to judicial

review on the same basis as is provided for with respect to permit

applications under subsection (e) of this section.

(3) Notice of the modification, suspension, or revocation of any

permit by the Director shall be published in the Federal Register

within 10 days from the date of the Director's decision.

(g) Permit fees

The Director may establish and charge fees for processing

applications for permits under this section. The amount of such

fees shall be commensurate with the administrative costs incurred

by the Director in undertaking such processing.

-SOURCE-

(Pub. L. 95-541, Sec. 5, Oct. 28, 1978, 92 Stat. 2050; Pub. L.

104-227, title I, Sec. 105, Oct. 2, 1996, 110 Stat. 3040.)

-REFTEXT-

REFERENCES IN TEXT

Section 1362(5) of this title, referred to in subsec. (c)(1)(A),

was redesignated section 1362(6) by Pub. L. 102-582, title IV, Sec.

401(a), Nov. 2, 1992, 106 Stat. 4909.

The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),

referred to in subsec. (c)(1)(B), is Pub. L. 93-205, Dec. 28, 1973,

87 Stat. 884, as amended, which is classified generally to chapter

35 (Sec. 1531 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1531 of this title and Tables.

The Migratory Bird Treaty Act (16 U.S.C. 701 et seq.), referred

to in subsec. (c)(1)(C), is act July 3, 1918, ch. 128, 40 Stat.

755, as amended, which is classified generally to subchapter II

(Sec. 703 et seq.) of chapter 7 of this title. For complete

classification of this Act to the Code, see section 710 of this

title and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-227, Sec. 105(1), substituted

''section 2403(b)'' for ''section 2403(a)''.

Subsec. (c)(1)(B). Pub. L. 104-227, Sec. 105(2), substituted

''Species'' for ''Special''.

Subsec. (e)(1)(A). Pub. L. 104-227, Sec. 105(3)(A), (B), in

subsec. (e) relating to terms and conditions of permits substituted

''native plants, or native invertebrates to which the permit

applies, and'' for ''or native plants to which the permit

applies,'' in cl. (i), added cl. (ii), and struck out former cls.

(ii) and (iii) which read as follows:

''(ii) if any such mammal or bird is authorized to be taken,

transported, carried, or shipped, the manner (which manner must be

determined by the Director to be humane) in which such action must

be accomplished and the area in which such taking must occur, and

''(iii) if any such plant is authorized to be collected, the

location and manner in which it must be collected;''.

Subsec. (e)(2)(A). Pub. L. 104-227, Sec. 105(3)(C)-(G), in

subsec. (e) relating to terms and conditions of permits substituted

''or harmful interference within Antarctica'' for ''within

Antarctica (other than within any specially protected area)'' and

''Specially Protected Species'' for ''specially protected species''

in introductory provisions, substituted '', or'' for ''; and'' in

cl. (i)(II), added subcl. (III) in cl. (i), and substituted

''within Antarctica are'' for ''with Antarctica and'' in cl.

(ii)(II).

Subsec. (e)(2)(B). Pub. L. 104-227, Sec. 105(3)(D), in subsec.

(e) relating to terms and conditions of permits substituted

''Specially Protected Species'' for ''specially protected species''

in introductory provisions.

Subsec. (e)(2)(C), (D). Pub. L. 104-227, Sec. 105(3)(H), in

subsec. (e) relating to terms and conditions of permits added

subpar. (C) and struck out former subpars. (C) and (D) which read

as follows:

''(C) Permits authorizing the entry into any specially protected

area -

''(i) may be issued only if -

''(I) there is a compelling scientific purpose for such entry

which cannot be served elsewhere, and

''(II) the actions allowed under any such permit will not

jeopardize the natural ecological system existing in such area;

and

''(ii) shall not allow the operation of any surface vehicle

within such area.

''(D) Permits authorizing the entry into any site of special

scientific interest shall be consistent with the management plan

prescribed under section 2405(b)(3) of this title for such site.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2403a of this title.

-CITE-

16 USC Sec. 2405 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2405. Regulations

-STATUTE-

(a) Regulations to be issued by Director

(1) The Director shall issue such regulations as are necessary

and appropriate to implement Annex II and Annex V to the Protocol

and the provisions of this chapter which implement those annexes,

including section 2403(b)(2), (3), (4), and (5) of this title. The

Director shall designate as native species -

(A) each species of the class Aves;

(B) each species of the class Mammalia; and

(C) each species of plant,

which is indigenous to Antarctica or which occurs there seasonally

through natural migrations.

(2) The Director, with the concurrence of the Administrator,

shall issue such regulations as are necessary and appropriate to

implement Annex III to the Protocol and the provisions of this

chapter which implement that Annex, including section 2403(a)(1),

(2), (3), and (4) of this title, and section 2403(b)(1) of this

title.

(3) The Director shall issue such regulations as are necessary

and appropriate to implement Article 15 of the Protocol with

respect to land areas and ice shelves in Antarctica.

(4) The Director shall issue such additional regulations as are

necessary and appropriate to implement the Protocol and this

chapter, except as provided in subsection (b) of this section.

(b) Regulations to be issued by Secretary of Department in which

Coast Guard is operating

The Secretary of the Department in which the Coast Guard is

operating shall issue such regulations as are necessary and

appropriate, in addition to regulations issued under the Act to

Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to implement

Annex IV to the Protocol and the provisions of this chapter which

implement that Annex, and, with the concurrence of the Director,

such regulations as are necessary and appropriate to implement

Article 15 of the Protocol with respect to vessels.

(c) Time period for regulations

The regulations to be issued under subsection (a)(1) and (2) of

this section shall be issued within 2 years after October 2, 1996.

The regulations to be issued under subsection (a)(3) of this

section shall be issued within 3 years after October 2, 1996.

-SOURCE-

(Pub. L. 95-541, Sec. 6, Oct. 28, 1978, 92 Stat. 2053; Pub. L.

104-227, title I, Sec. 106, Oct. 2, 1996, 110 Stat. 3041.)

-REFTEXT-

REFERENCES IN TEXT

The Act to Prevent Pollution from Ships, referred to in subsec.

(b), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as amended,

which is classified principally to chapter 33 (Sec. 1901 et seq.)

of Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see Short Title note set

out under section 1901 of Title 33 and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-227 reenacted section catchline without change

and amended text generally. Prior to amendment, text consisted of

subsec. (a) ''In General'' which related to requirement that

Director prescribe regulations to implement this chapter and

subsec. (b) ''Specific Regulations'' which related to required

content of regulations.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2404, 2413 of this title.

-CITE-

16 USC Sec. 2406 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2406. Notification of travel to Antarctica

-STATUTE-

The Secretary of State shall prescribe such regulations as may be

necessary and appropriate to implement, with respect to United

States citizens, paragraph 5 of Article VII of the Treaty

pertaining to the filing of advance notifications of expeditions

to, and within, Antarctica. For purposes of this section, the term

''United States citizen'' shall include any foreign person who

organizes within the United States any expedition which will

proceed to Antarctica from the United States.

-SOURCE-

(Pub. L. 95-541, Sec. 7, Oct. 28, 1978, 92 Stat. 2054.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2407 of this title.

-CITE-

16 USC Sec. 2407 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2407. Civil penalties

-STATUTE-

(a) Assessment of penalties

Any person who is found by the Director, after notice and

opportunity for a hearing in accordance with subsection (b) of this

section, to have committed any act prohibited by section 2403(a) of

this title or to have violated any regulation prescribed under

section 2406 of this title shall be liable to the United States for

a civil penalty. The amount of the civil penalty shall not exceed

$5,000 for each violation unless the prohibited act was knowingly

committed, in which case the amount of the civil penalty shall not

exceed $10,000 for each violation. Each day of a continuing

violation shall constitute a separate offense. The amount of any

civil penalty shall be assessed by the Director by written notice.

Any civil penalty assessed under this subsection may be remitted or

mitigated by the Director.

(b) Hearings

Hearings for the assessment of civil penalties under subsection

(a) shall be conducted in accordance with section 554 of title 5.

For the purposes of conducting any such hearing, the Director may

issue subpenas for the attendance and testimony of witnesses and

the production of relevant papers, books, and documents, and may

administer oaths. Witnesses summoned shall be paid the same fees

and mileage that are paid to witnesses in the courts of the United

States. In case of contumacy or refusal to obey a subpena served

upon any person pursuant to this subsection, the district court of

the United States for any district in which such person is found,

resides, or transacts business, upon application by the United

States and after notice to such person, shall have jurisdiction to

issue an order requiring such person to appear and give testimony

before the Director or to appear and produce documents before the

Director, or both, and any failure to obey such order of the court

may be punished by such court as a contempt thereof.

(c) Review

Upon the failure of any person against whom a civil penalty is

assessed under subsection (a) of this section to pay such penalty,

the Director may request the Attorney General to institute a civil

action in a district court of the United States for any district in

which such person is found, resides, or transacts business to

collect the penalty and such court shall have jurisdiction to hear

and decide any such action. The court shall hear such action on

the record made before the Director and shall sustain the decision

of the Director if it is supported by substantial evidence on the

record considered as a whole.

(d) Penalties under other laws

The assessment of a civil penalty under subsection (a) of this

section for any act shall not be deemed to preclude the assessment

of a civil penalty for such act under any other law, including, but

not limited to, the Marine Mammal Protection Act of 1972 (16 U.S.C.

1361 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531

et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703 et

seq.).

-SOURCE-

(Pub. L. 95-541, Sec. 8, Oct. 28, 1978, 92 Stat. 2054.)

-REFTEXT-

REFERENCES IN TEXT

The Marine Mammal Protection Act of 1972, referred to in subsec.

(d), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended,

which is classified generally to chapter 31 (Sec. 1361 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1361 of this title and

Tables.

The Endangered Species Act of 1973, referred to in subsec. (d),

is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which

is classified generally to chapter 35 (Sec. 1531 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1531 of this title and

Tables.

The Migratory Bird Treaty Act, referred to in subsec. (d), is act

July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is

classified generally to subchapter II (Sec. 703 et seq.) of chapter

7 of this title. For complete classification of this Act to the

Code, see section 710 of this title and Tables.

-CITE-

16 USC Sec. 2408 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2408. Criminal offenses

-STATUTE-

(a) Offenses

A person is guilty of an offense if he willfully commits any act

prohibited by section 2403(a) of this title.

(b) Punishment

Any offense described in subsection (a) of this section is

punishable by a fine of $10,000, or imprisonment for not more than

one year, or both.

(c) Offenses under other laws

A conviction under subsection (a) of this section for any act

shall not be deemed to preclude a conviction for such act under any

other law, including, but not limited to, the Marine Mammal

Protection Act of 1972 (16 U.S.C. 1361 et seq.), the Endangered

Species Act of 1973 (16 U.S.C. 1531 et seq.), and the Migratory

Bird Treaty Act (16 U.S.C. 703 et seq.).

-SOURCE-

(Pub. L. 95-541, Sec. 9, Oct. 28, 1978, 92 Stat. 2054.)

-REFTEXT-

REFERENCES IN TEXT

The Marine Mammal Protection Act of 1972, referred to in subsec.

(c), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended,

which is classified generally to chapter 31 (Sec. 1361 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1361 of this title and

Tables.

The Endangered Species Act of 1973, referred to in subsec. (c),

is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which

is classified generally to chapter 35 (Sec. 1531 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1531 of this title and

Tables.

The Migratory Bird Treaty Act, referred to in subsec. (c), is act

July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is

classified generally to subchapter II (Sec. 703 et seq.) of chapter

7 of this title. For complete classification of this Act to the

Code, see section 710 of this title and Tables.

-CITE-

16 USC Sec. 2409 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2409. Enforcement

-STATUTE-

(a) Responsibility

The provisions of this chapter and of any regulation prescribed,

or permit issued, under this chapter shall be enforced by the

Director, the Secretary of the Treasury, the Secretary of Commerce,

the Secretary of (FOOTNOTE 1) Interior, and the Secretary of the

department in which the Coast Guard is operating. The Director and

such Secretaries may utilize by agreement, on a reimbursable basis

or otherwise, the personnel, services, and facilities of any other

Federal agency or any State agency in the performance of such

duties.

(FOOTNOTE 1) So in original. Probably should be ''of the''.

(b) Powers of authorized officers

Any officer who is authorized (by the Director, the Secretary of

the Treasury, the Secretary of Commerce, the Secretary of the

Interior, the Secretary of the department in which the Coast Guard

is operating, or the head of any Federal or State agency which has

entered into an agreement with the Director or any such Secretary

under subsection (a) of this section) to enforce the provisions of

this chapter and of any regulation or permit issued under this

chapter may -

(1) secure, execute, and serve any order, warrant, subpena, or

other process, which is issued under the authority of the United

States;

(2) search without warrant any person, place, or conveyance

where there is reasonable grounds to believe that a person has

committed or is attempting to commit an act prohibited by section

2403(a) of this title;

(3) seize without warrant any evidentiary item where there is

reasonable grounds to believe that a person has committed or is

attempting to commit any such act;

(4) offer and pay rewards for services or information which may

lead to the apprehension of violators of such provisions;

(5) make inquiries, and administer to, or take from, any person

an oath, affirmation, or affidavit, concerning any matter which

is related to the enforcement of such provisions;

(6) detain for inspection and inspect any package, crate, or

other container, including its contents, and all accompanying

documents, upon importation into, or exportation from, the United

States; and

(7) make an arrest with or without a warrant with respect to

any act prohibited by section 2403(a) of this title if such

officer has reasonable grounds to believe that the person to be

arrested is committing such act in his presence or view, or has

committed such act.

(c) Seizure

Any property or item seized pursuant to subsection (b) of this

section shall be held by any person authorized by the Director, the

Secretary of the Treasury, the Secretary of Commerce, the Secretary

of the Interior, or the Secretary of the department in which the

Coast Guard is operating pending the disposition of civil or

criminal proceedings, or the institution of an action in rem for

forfeiture of such property or item; except that such authorized

person may, in lieu of holding such property or item, permit the

owner or consignee thereof to post a bond or other satisfactory

surety.

(d) Forfeiture

(1) Any animal or plant with respect to which an act prohibited

by section 2403(a) of this title is committed shall be subject to

forfeiture to the United States.

(2) All guns, traps, nets, and other equipment, vessels,

vehicles, aircraft, and other means of transportation used in the

commission of any act prohibited by section 2403(a) of this title

shall be subject to forfeiture to the United States.

(3) Upon the forfeiture to the United States of any property or

item described in paragraph (1) or (2), or upon the abandonment or

waiver of any claim to any such property or item, it shall be

disposed of by the Director, the Secretary of the Treasury, the

Secretary of Commerce, the Secretary of the Interior, or the

Secretary of the department in which the Coast Guard is operating,

as the case may be, in such a manner, consistent with the purposes

of the chapter, as may be prescribed by regulation; except that no

native mammal, native bird, or native plant may be disposed of by

sale to the public.

(e) Application of customs laws

All provisions of law relating to the seizure, forfeiture, and

condemnation of a vessel for violation of the customs laws, the

disposition of such vessel or the proceeds from the sale thereof,

and the remission or mitigation of such forfeiture, shall apply to

the seizures and forfeitures incurred, or alleged to have been

incurred, under the provision of this chapter, insofar as such

provisions of law are applicable and not inconsistent with the

provisions of this chapter; except that all powers, rights, and

duties conferred or imposed by the customs laws upon any officer or

employee of the Customs Service may, for the purposes of this

chapter, also be exercised or performed by the Director, the

Secretary of Commerce, the Secretary of the Interior, or the

Secretary of the department in which the Coast Guard is operating,

or by such persons as each may designate.

(f) Regulations

The Director, the Secretary of the Treasury, the Secretary of

Commerce, the Secretary of the Interior, and the Secretary of the

department in which the Coast Guard is operating may prescribe such

regulations as may be appropriate to enforce the provisions of this

chapter and of any regulation prescribed or permit issued under

this chapter, and charge reasonable fees for the expenses of the

United States incurred in carrying out inspections and in

transferring, boarding, handling, or storing native mammals, native

birds, native plants, animals and plants not indigenous to

Antarctica, and other evidentiary items seized or forfeited under

this chapter.

-SOURCE-

(Pub. L. 95-541, Sec. 10, Oct. 28, 1978, 92 Stat. 2055.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (e), are classified

generally to Title 19, Customs Duties.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

16 USC Sec. 2410 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2410. Jurisdiction of district courts

-STATUTE-

The district courts of the United States shall have exclusive

jurisdiction over any case or controversy arising under the

provisions of this chapter or of any regulation prescribed, or

permit issued, under this chapter.

-SOURCE-

(Pub. L. 95-541, Sec. 11, Oct. 28, 1978, 92 Stat. 2056.)

-CITE-

16 USC Sec. 2411 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2411. Federal agency cooperation

-STATUTE-

Each Federal department or agency whose activities affect

Antarctica shall utilize, to the maximum extent practicable, its

authorities in furtherance of the purposes of this chapter, and

shall cooperate with the Director in carrying out the purposes of

this chapter.

-SOURCE-

(Pub. L. 95-541, Sec. 12, Oct. 28, 1978, 92 Stat. 2056.)

-CITE-

16 USC Sec. 2412 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2412. Relationship to existing treaties

-STATUTE-

Nothing in this chapter shall be construed as contravening or

superseding the provisions of any international treaty, convention,

or agreement, if such treaty, convention, or agreement is in force

with respect to the United States on October 28, 1978, or of any

statute which implements any such treaty, convention, or agreement.

-SOURCE-

(Pub. L. 95-541, Sec. 13, Oct. 28, 1978, 92 Stat. 2056.)

-CITE-

16 USC Sec. 2413 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44 - ANTARCTIC CONSERVATION

-HEAD-

Sec. 2413. Savings provision

-STATUTE-

(a) Regulations

All regulations promulgated under this chapter prior to October

2, 1996, shall remain in effect until superseding regulations are

promulgated under section 2405 of this title.

(b) Permits

All permits issued under this chapter shall remain in effect

until they expire in accordance with the terms of those permits.

-SOURCE-

(Pub. L. 95-541, Sec. 14, as added Pub. L. 104-227, title I, Sec.

107, Oct. 2, 1996, 110 Stat. 3042.)

-MISC1-

PRIOR PROVISIONS

A prior section 14 of Pub. L. 95-541, Oct. 28, 1978, 92 Stat.

2057, amended section 1971 of Title 22, Foreign Relations and

Intercourse, and enacted a provision set out as a note under

section 1971 of Title 22 prior to being amended generally by Pub.

L. 104-227.

-CITE-