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16 U.S.C. § 2405 — Regulations
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 16, Chapter 44, § 2405; chapter-044-antarctic-conservation.md
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**(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 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.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Unless the context indicates otherwise, as used in this chapter—
(1) “Administrator” means the Administrator of the Environmental Protection Agency;
(2) “Antarctica” means the area south of 60 degrees south latitude;
(3) “Antarctic Protocol” means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991, in Madrid, and all annexes thereto, and includes any future amendments thereto which have entered into force;
(4) “MARPOL Protocol” means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention;
(5) “Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States;
(6) “discharge”, “emission”, “garbage”, “harmful substance”, and “incident” shall have the meanings provided in the Convention;
(7) “navigable waters” includes the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal waters of the United States;
(8) “owner” means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal;
(9) “operator” means— (a) in the case of a ship, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel, or (b) in the c
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Federal law — U.S. Code and appendices · legal_authorities
**(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 Secreta
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2405&num=0&edition=prelim).
**(b) Permits** All permits issued under this chapter shall remain in effect until they expire in accordance with the terms of those permits.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2183
TITLE 16—CONSERVATION
§ 2405
section. The amount of such fees shall be com-
mensurate with the administrative costs in-
curred by the Director in undertaking such proc-
essing.
(Pub. L. 95–541, § 5, Oct. 28, 1978, 92 Stat. 2050;
Pub. L. 104–227, title I, § 105, Oct. 2, 1996, 110 Stat.
3040.)
Editorial Notes
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, § 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, which is classified generally
to chapter 35 (§ 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, which is classified generally to sub-
chapter II (§ 703 et seq.) of chapter 7 of this title. For
complete classification of this Act to the Code, see sec-
tion 710 of this title and Tables.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–227, § 105(1), substituted
‘‘section 2403(b)’’ for ‘‘section 2403(a)’’.
Subsec. (c)(1)(B). Pub. L. 104–227, § 105(2), substituted
‘‘Species’’ for ‘‘Special’’.
Subsec. (e)(1)(A). Pub. L. 104–227, § 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 fol-
lows:
‘‘(ii) if any such mammal or bird is authorize
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Federal law — U.S. Code and appendices · legal_authorities
Page 659
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1901
Sec.
1910.
Legal actions.
1911.
Effect on other laws.
1912.
International law.
1913.
Compliance reports.
1914.
Transferred.
1915.
Repealed.
§ 1901. Definitions
(a) Unless the context indicates otherwise, as
used in this chapter—
(1) ‘‘Administrator’’ means the Adminis-
trator of the Environmental Protection Agen-
cy;
(2) ‘‘Antarctica’’ means the area south of 60
degrees south latitude;
(3) ‘‘Antarctic Protocol’’ means the Protocol
on Environmental Protection to the Antarctic
Treaty, signed October 4, 1991, in Madrid, and
all annexes thereto, and includes any future
amendments thereto which have entered into
force;
(4) ‘‘MARPOL Protocol’’ means the Protocol
of 1978 relating to the International Conven-
tion for the Prevention of Pollution from
Ships, 1973, and includes the Convention;
(5) ‘‘Convention’’ means the International
Convention for the Prevention of Pollution
from Ships, 1973, including Protocols I and II
and Annexes I, II, V, and VI thereto, including
any modification or amendments to the Con-
vention, Protocols, or Annexes which have en-
tered into force for the United States;
(6)
‘‘discharge’’,
‘‘emission’’,
‘‘garbage’’,
‘‘harmful substance’’, and ‘‘incident’’ shall
have the meanings provided in the Conven-
tion;
(7) ‘‘navigable waters’’ includes the terri-
torial sea of the United States (as defined in
Presidential Proclamation 5928 of December
27, 1988) and the internal waters of the United
States;
(8) ‘‘owner’’ means any person holding title
to, or in the absence of title, any other indicia
of ownership of, a ship or terminal, but does
not include a person who, without partici-
pating in the management or operation of a
ship or terminal, holds indicia of
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