16 U.S.C. § 2405 — Regulations

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 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 col- lected;’’. Subsec. (e)(2)(A). Pub. L. 104–227, § 105(3)(C)–(G), in subsec. (e) relating to terms and conditions of permits substituted ‘‘or harmful interference within Antarc- tica’’ for ‘‘within Antarctica (other than within any specially protected area)’’ and ‘‘Specially Protected Species’’ for ‘‘specially protected species’’ in introduc- tory 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, § 105(3)(D), in subsec. (e) relating to terms and conditions of permits sub- stituted ‘‘Specially Protected Species’’ for ‘‘specially protected species’’ in introductory provisions. Subsec. (e)(2)(C), (D). Pub. L. 104–227, § 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 ve- hicle 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.’’ § 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 des- ignate 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 oc- curs there seasonally through natural migra- tions. (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, in- cluding 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 Ar- ticle 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 De- partment in which Coast Guard is operating The Secretary of the Department in which the Coast Guard is operating shall issue such regula- tions as are necessary and appropriate, in addi- tion to regulations issued under the Act to Pre- vent Pollution from Ships (33 U.S.C. 1901 et seq.), to implement Annex IV to the Protocol and the provisions of this chapter which imple- ment 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 with- in 2 years after October 2, 1996. The regulations to be issued under subsection (a)(3) of this sec- tion shall be issued within 3 years after October 2, 1996. (Pub. L. 95–541, § 6, Oct. 28, 1978, 92 Stat. 2053; Pub. L. 104–227, title I, § 106, Oct. 2, 1996, 110 Stat. 3041.) Editorial Notes 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, which is classified principally to chapter 33 (§ 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. 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’’ Page 2184 TITLE 16—CONSERVATION § 2406 which related to requirement that Director prescribe regulations to implement this chapter and subsec. (b) ‘‘Specific Regulations’’ which related to required con- tent of regulations. Statutory Notes and Related Subsidiaries 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 2406. Notification of travel to Antarctica 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 ex- pedition which will proceed to Antarctica from the United States. (Pub. L. 95–541, § 7, Oct. 28, 1978, 92 Stat. 2054.) § 2407. Civil penalties (a) Assessment of penalties Any person who is found by the Director, after notice and opportunity for a hearing in accord- ance with subsection (b), 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 know- ingly 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 Di- rector by written notice. Any civil penalty as- sessed 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 ac- cordance with section 554 of title 5. For the pur- poses of conducting any such hearing, the Direc- tor 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 sub- section, 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 testi- mony 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) 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 Direc- tor 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 sub- section (a) 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.]. (Pub. L. 95–541, § 8, Oct. 28, 1978, 92 Stat. 2054.) Editorial Notes 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, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 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, 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, referred to in subsec. (d), is act July 3, 1918, ch. 128, 40 Stat. 755, which is clas- sified generally to subchapter II (§ 703 et seq.) of chap- ter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables. § 2408. Criminal offenses (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) is pun- ishable 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) 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.].