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16 U.S.C. § 2404 — Permits

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2404 — Permits

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Stable record: federal_law:legal_authorities:record_usc_2b8dabe599366b87c59e5f22
Source file: Laws/federal/codes/united-states-code/title-16/section-2404-permits--13403f05fb.md
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Source location: Title 16, Chapter 44, § 2404; chapter-044-antarctic-conservation.md

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**(a) In general** The Director may issue permits which authorize acts otherwise prohibited by [section 2403(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2403/b&num=0&edition=prelim). **(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) 11 See References in Text note below. of this title; (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.); or (C) any native bird which is protected under the Migratory Bird Treaty Act ([16 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section701&num=0&edition=prelim) 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) 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) 22 So in original. Two subsecs. (e) have been enacted. Terms and conditions of permits** (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) 2 Judicial review** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2405&num=0&edition=prelim); (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). (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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(a) Findings** The Congress finds and declares that— (1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation; (2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction; (3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people; (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to— (A) migratory bird treaties with Canada and Mexico; (B) the Migratory and Endangered Bird Treaty with Japan; (C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; (D) the International Convention for the Northwest Atlantic Fisheries; (E) the International Convention for the High Seas Fisheries of the North Pacific Ocean; (F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (G) other international agreements; and (5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants. **(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 701 — Game and wild birds; preservation

The duties and powers of the Department of the Interior include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of the Interior is authorized to adopt such measures as may be necessary to carry out the purposes of this Act, and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this Act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2405 — Regulations

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2403/b/1&num=0&edition=prelim). (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). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1901&num=0&edition=prelim) et seq.), to implem

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 710 — Partial invalidity; short title

If any clause, sentence, paragraph, or part of this subchapter, which shall be known by the short title of the “Migratory Bird Treaty Act”, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2403a — Environmental impact assessment

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim)) 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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of

Page 1909 TITLE 16—CONSERVATION § 1531 maintenance of continuing and stable supply of agri- cultural commodities and forest products. Section 1502, Pub. L. 91–524, title X, § 1002, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required eligible landowners and operators to furnish plan of farming operations or land use to Secretary. Section 1503, Pub. L. 91–524, title X, § 1003, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related to approved conservation plans as basis for contracts, duties under contracts, and termination or modifica- tion of contracts. Section 1504, Pub. L. 91–524, title X, § 1004, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author- ized furnishing of conservation materials to eligible owners and operators. Section 1505, Pub. L. 91–524, title X, § 1005, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat. 1022, authorized establishment of multiyear set-aside contracts. Section 1506, Pub. L. 91–524, title X, § 1006, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author- ized issuance of rules and regulations as well as limita- tions on total retired acreage. Section 1507, Pub. L. 91–524, title X, § 1007, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di- rected appointment of advisory boards to assist in de- velopment of programs under this chapter. Section 1508, Pub. L. 91–524, title X, § 1008, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed coordination with and utilization of Federal, State, and local services and facili

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2404 — Permits

Page 2181 TITLE 16—CONSERVATION § 2404 1 See References in Text note below. ism, for which the United States is required to give advance notice under paragraph 5 of Arti- cle VII of the Treaty; and (B) coordination of the review of informa- tion regarding environmental impact assess- ment 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 environ- mental evaluation is prepared under this section unless there has been an opportunity for consid- eration of the draft comprehensive environ- mental evaluation at an Antarctic Treaty Con- sultative Meeting, except that no decision to proceed with a proposed activity shall be de- layed through the operation of this paragraph for more than 15 months from the date of cir- culation of the draft comprehensive environ- mental 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 commence- ment of the activity in Antarctica. (e) Cases of emergency The requirements of this section, and of regu- lations 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 obligati

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 701 — Game and wild birds; preservation

Page 1260 TITLE 16—CONSERVATION § 701 Sec. 715k–2. Omitted. 715k–3. Authorization of appropriations for the pres- ervation of wetlands and other waterfowl habitat. 715k–4. Accounting and use of appropriations. 715k–5. Acquisition of lands. 715l, 715m. Repealed. 715n. ‘‘Take’’ defined. 715o. National forest and power sites; use for mi- gratory bird reservations. 715p. Cooperation of State in enforcement of provi- sions. 715q. Expenses of commission; authorization of ap- propriations. 715r. Partial invalidity; validity of remainder. 715s. Participation of local governments in revenue from areas administered by the United States Fish and Wildlife Service. SUBCHAPTER IV—HUNTING AND CONSERVATION STAMP TAX 718. Repealed. 718a. Prohibition on taking. 718b. Sales; fund disposition; unsold stamps. 718b–1. Disposition of unsold stamps. 718c. Authorization and exemption. 718d. Expenditure of funds. 718e. Loans and transfers, alteration, and reproduc- tion of stamps. 718f. Enforcement. 718g. Violations. 718h. Cooperation. 718i. Use of contest fees. 718j. Definitions. 718k. Use of fees collected for Federal migratory bird permits. SUBCHAPTER IV–A—PERMANENT ELECTRONIC DUCK STAMP 718o. Definitions. 718p. Authority to issue electronic duck stamps. 718q. State application. 718r. State obligations and authorities. 718s. Electronic stamp requirements; recognition of electronic stamp. 718t. Termination of State participation. SUBCHAPTER V—JUNIOR DUCK STAMP CONSERVATION AND DESIGN PROGRAM 719. Establishment of Program. 719a. Junior Duck Stamp. 719b. Acceptance of gifts, devises, and bequests. 719b–1. Definition of State. 719c. Authorization of appropriations. SUBCHAPTER I—GENERALLY § 701. Game and wild birds; p

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