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U.S. Code as of:
01/19/04
Section 2404. Permits
(a) In general
The Director may issue permits which authorize acts otherwise
prohibited by section 2403(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(5) (!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 U.S.C. 1531 et seq.); or
(C) any native bird which is protected under the Migratory Bird
Treaty Act (16 U.S.C. 701 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 of title
5, may be initiated by filing a petition for review in the United
States district court for the district wherein the applicant for a
permit resides, or has his principal place of business, or in the
United States District Court for the District of Columbia, within
60 days after the date on which such permit is issued or denied.
(f) Modification, suspension, and revocation
(1) The Director may modify, suspend, or revoke, in whole or
part, any permit issued under this section -
(A) in order to make the permit consistent with any change made
after the date of issuance of the permit, to any regulation
prescribed under section 2405 of this title;
(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.
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