§ 2405. Regulations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Antarctic Conservation Act of 1978

   Pub. L. 95–541 § 6 · 92 Stat. 2048

   Enacted · 16 U.S.C. § 2405

   Pub. L. 95–541, § 6, Oct. 28, 1978, 92 Stat. 2053

   Source evidence

   Code source credit
   Pub. L. 95–541, § 6, Oct. 28, 1978, 92 Stat. 2053

   Enacted provision · exact public law section
   SEC. 6. REGULATIONS. (a) In General.— The Director, after consultation with the Secretary of State and other appropriate Federal officials, shall prescribe such regulations as are necessary and appropriate to implement the provisions of this Act. (b) Specific Regulations.— The regulations required to be prescribed under subsection (a) shall include, but shall not be limited to, regulations which— (1) 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 occurs in Antarctica through natural agencies of dispersal; (2) specify those actions which must, and those actions which must not. be taken within Antarctica in order to protect, in accordance with the applicable provisions of the Agreed Measures, 17 UST 991. members of each native species designated under paragraph (1); (3) identify, as a site or special scientific interest, each area approved by the United States in accordance with Recommendation VIII-3 of the Eighth Antarctic Treaty Consultative Meeting as having unique value for scientific investigation and needing protection from interference, and prescribe a management plan for such site which is consistent with any management plan approved by the United States for such site in accordance with such Recommendation; (4) identify, as a specially protected area, each area designated for special protection under the Agreed Measures because of its outstanding scientific or ecological interest; (5) designate, as a specially protected species, any native species of mammal or bird which is approved by the United States for special protection under the Agreed Measures; (6) designate as a pollutant any substance which the Director finds liable, if the substance is introduced into Antarctica, to create hazards to human health, to harm living resources or marine life, to damage amenities, or to interfere with other legitimate uses of Antarctica; (7) specify those actions which must, and those actions which must not, be taken in order to prevent or control the discharge or other disposal of pollutants, from any source within Antarctica; (8) designate those animals and plants, not indigenous to Antarctica, which either may, or may not, be introduced into Antarctica, and specify those control measures which must be observed with respect to any such animals or plants which are allowed to be so introduced; (9) specify the emergency circumstances with respect to which the exclusion set forth in the last sentence of section 4(a) applies; and (10) set forth the form, content, and manner of filing, if applicable, of all notices, reports, declarations, or other documentation which may be required incident to the carrying out of any act for which a permit is required under section 5.

2. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 title I § 106 · 110 Stat. 3034

   Amended · 16 U.S.C. § 2405

   Pub. L. 104–227 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of subsec. (a) “In General” which related to requirement that Director prescribe regulations to implement this chapter and subsec. (b) “Specific Regulations” which related to required content of regulations

   Source evidence

   Code amendment note
   Pub. L. 104–227 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of subsec. (a) “In General” which related to requirement that Director prescribe regulations to implement this chapter and subsec. (b) “Specific Regulations” which related to required content of regulations.

   Enacted provision · exact public law section
   SEC. 106. REGULATIONS. Section 6 of the Antarctic Conservation Act of 1978 (16 U.S.C. 2405) is amended to read as follows: “SEC. 6. REGULATIONS. “(a) Regulations To Be Issued by the 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 Act which implement those annexes, including section 4(b)(2), (3), (4), and (5) of this Act. 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 Act which implement that Annex, including section 4(a)(1), (2), (3), and (4), and section 4(b)(1) of this Act. “(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 Act, except as provided in subsection (b). “(b) Regulations To Be Issued by the Secretary of the Department in Which the Coast Guard is Operating.— The Secretary of the Department in which the Coast Guard is operating shall issue such regulations as are necessary and appropriate, in addition to regulations issued under the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to implement Annex IV to the Protocol and the provisions of this Act 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 the date of the enactment of the Antarctic Science, Tourism, and Conservation Act of 1996. The regulations to be issued under subsection (a)(3) of this section shall be issued within 3 years after the date of the enactment of the Antarctic Science, Tourism, and Conservation Act of 1996.”.

2 of 2 references resolved to an enrolled provision