16 U.S.C. § 2404
The Director may issue permits which authorize acts otherwise prohibited by section 2403(b) of this title.
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").
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.
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.
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.
1See References in Text note below.
2So in original. Two subsecs. (e) have been enacted.
16 U.S.C. § 2404
EDITORIAL NOTES
REFERENCES IN TEXTSection 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 subchapter II (§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.
AMENDMENTS1996-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 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, §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, §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, §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."
- Antarctic Specially Protected Area
- the term "Antarctic Specially Protected Area" means an area identified as such pursuant to Annex V to the Protocol;
- Antarctica
- the term "Antarctica" means the area south of 60 degrees south latitude;
- Director
- the term "Director" means the Director of the National Science Foundation;
- Secretary
- the term "Secretary" means the Secretary of Commerce;
- Specially Protected Species
- the term "Specially Protected Species" means any native species designated as a Specially Protected Species pursuant to Annex II to the Protocol;
- Treaty
- the term "Treaty" means the Antarctic Treaty signed in Washington, DC, on December 1, 1959;
- United States
- 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
- harmful interference
- 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;
- native bird
- 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;
- native mammal
- 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;
- native plant
- 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;
- take
- 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;