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| CHAPTER 44---ANTARCTIC CONSERVATION                                   |
+-----------------------------------------------------------------------+
| Release date: 2004-04-30                                              |
+-----------------------------------------------------------------------+
| -   [§ 2401](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002401----000-.html). |
|     Congressional findings and declaration of purpose                 |
|                                                                       |
| -   [§ 2402](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002402----000-.html). |
|     Definitions                                                       |
|                                                                       |
| -   [§ 2403](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html). |
|     Prohibited acts                                                   |
|                                                                       |
| -   [§ 2403a](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403---a000-.html). |
|     Environmental impact assessment                                   |
|                                                                       |
| -   [§ 2404](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002404----000-.html). |
|     Permits                                                           |
|                                                                       |
| -   [§ 2405](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002405----000-.html). |
|     Regulations                                                       |
|                                                                       |
| -   [§ 2406](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002406----000-.html). |
|     Notification of travel to Antarctica                              |
|                                                                       |
| -   [§ 2407](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002407----000-.html). |
|     Civil penalties                                                   |
|                                                                       |
| -   [§ 2408](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002408----000-.html). |
|     Criminal offenses                                                 |
|                                                                       |
| -   [§ 2409](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002409----000-.html). |
|     Enforcement                                                       |
|                                                                       |
| -   [§ 2410](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002410----000-.html). |
|     Jurisdiction of district courts                                   |
|                                                                       |
| -   [§ 2411](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002411----000-.html). |
|     Federal agency cooperation                                        |
|                                                                       |
| -   [§ 2412](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002412----000-.html). |
|     Relationship to existing treaties                                 |
|                                                                       |
| -   [§ 2413](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00002413----000-.html). |
|     Savings provision                                                 |
+-----------------------------------------------------------------------+
| **§ 2401. Congressional findings and declaration of purpose**         |
+-----------------------------------------------------------------------+
| **(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.                                              |
+-----------------------------------------------------------------------+
| **§ 2402. Definitions**                                               |
+-----------------------------------------------------------------------+
| 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](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode01/usc_sec_01_00000001----000-.html) |
| > of title                                                            |
| > [1](htt                                                             |
| p://assembler.law.cornell.edu/uscode/html/uscode01/usc_sup_01_1.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002432----000-.html) |
| > of this title.                                                      |
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| **§ 2403. Prohibited acts**                                           |
+-----------------------------------------------------------------------+
| **(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](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode33/usc_sup_01_33.html) |
| > U.S.C.                                                              |
| > [1901](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode33/usc_sec_33_00001901----000-.html) |
| > 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               |
| > \[[33](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode33/usc_sup_01_33.html) |
| > U.S.C.                                                              |
| > [1901](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode33/usc_sec_33_00001901----000-.html) |
| > et seq.\]) 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.       |
+-----------------------------------------------------------------------+
| **§ 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](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42.html) |
| > U.S.C.                                                              |
| > [4321](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode42/usc_sec_42_00004321----000-.html) |
| > 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](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42.html) |
| > U.S.C.                                                              |
| > [4332](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode42/usc_sec_42_00004332----000-.html) |
| > [(2)(C)](http://assembler.law.co                                    |
| rnell.edu/uscode/html/uscode42/usc_sec_42_00004332----000-.html#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](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000100----000-.html) |
| > [(2)(C)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00000100----000-.html#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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002404----000-.html) |
| 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.        |
+-----------------------------------------------------------------------+
| **§ 2404. Permits**                                                   |
+-----------------------------------------------------------------------+
| **(a)** In general                                                    |
|                                                                       |
| The Director may issue permits which authorize acts otherwise         |
| prohibited by section                                                 |
| [2403](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html) |
| [(b)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html#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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001362----000-.html) |
| > [(5)](http://assembler.law.cornell.edu/uscode/html/uscode16/usc_s   |
| ec_16_00001362----000-.html#5) [\[1\]](http://assembler.law.cornell.e |
| du/uscode/html/uscode16/usc_sec_16_00002404----000-.html#FN-1%23FN-1) |
| > 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](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.); or                                                        |
| >                                                                     |
| > **(C)** any native bird which is protected under the Migratory Bird |
| > Treaty Act                                                          |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [701](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000701----000-.html) |
| > 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)**  2 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)**  3 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](http://assemb                                                     |
| ler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5_10_I_30_7.html) |
| of title                                                              |
| [5](http                                                              |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html), |
| 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002405----000-.html) |
| > 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.                              |
+-----------------------------------------------------------------------+
| **§ 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html) |
| > [(b)(2)](http://assembler.law.co                                    |
| rnell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html#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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html) |
| > [(a)(1)](http://assembler.law.co                                    |
| rnell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html#a_1), |
| > (2), (3), and (4) of this title, and section                        |
| > [2403](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html) |
| > [(b)(1)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html#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](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode33/usc_sup_01_33.html) |
| U.S.C.                                                                |
| [1901](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode33/usc_sec_33_00001901----000-.html) |
| 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.                 |
+-----------------------------------------------------------------------+
| **§ 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 expedition which will proceed to Antarctica from    |
| the United States.                                                    |
+-----------------------------------------------------------------------+
| **§ 2407. Civil penalties**                                           |
+-----------------------------------------------------------------------+
| **(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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html) |
| [(a)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html#a) |
| of this title or to have violated any regulation prescribed under     |
| section                                                               |
| [2406](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002406----000-.html) |
| 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](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000554----000-.html) |
| of title                                                              |
| [5](http                                                              |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html). |
| 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                  |
| \[[16](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [1361](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001361----000-.html) |
| et seq.\], the Endangered Species Act of 1973                         |
| \[[16](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [1531](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| et seq.\], and the Migratory Bird Treaty Act                          |
| \[[16](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [703](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000703----000-.html) |
| et seq.\].                                                            |
+-----------------------------------------------------------------------+
| **§ 2408. Criminal offenses**                                         |
+-----------------------------------------------------------------------+
| **(a)** Offenses                                                      |
|                                                                       |
| A person is guilty of an offense if he willfully commits any act      |
| prohibited by section                                                 |
| [2403](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html) |
| [(a)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html#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                                                               |
| \[[16](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [1361](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001361----000-.html) |
| et seq.\], the Endangered Species Act of 1973                         |
| \[[16](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [1531](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| et seq.\], and the Migratory Bird Treaty Act                          |
| \[[16](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [703](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000703----000-.html) |
| et seq.\].                                                            |
+-----------------------------------------------------------------------+
| **§ 2409. Enforcement**                                               |
+-----------------------------------------------------------------------+
| **(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 [\[1\]](http://assembler.law.cornell.e                             |
| du/uscode/html/uscode16/usc_sec_16_00002409----000-.html#FN-1%23FN-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.                             |
|                                                                       |
| **(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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html#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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html#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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html#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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00002403----000-.html#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.             |
+-----------------------------------------------------------------------+
| **§ 2410. Jurisdiction of district courts**                           |
+-----------------------------------------------------------------------+
| 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.                                           |
+-----------------------------------------------------------------------+
| **§ 2411. Federal agency cooperation**                                |
+-----------------------------------------------------------------------+
| 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.            |
+-----------------------------------------------------------------------+
| **§ 2412. Relationship to existing treaties**                         |
+-----------------------------------------------------------------------+
| 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.   |
+-----------------------------------------------------------------------+
| **§ 2413. Savings provision**                                         |
+-----------------------------------------------------------------------+
| **(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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00002405----000-.html) |
| 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.            |
+-----------------------------------------------------------------------+