---
kind: "section"
citation: "16 U.S.C. § 2404"
title: "16"
title_heading: "Conservation"
number: "2404"
heading: "Permits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/2404"
units:
  - "Chapter 44 — Antarctic Conservation"
---

# §2404. Permits

- (a) **In general—** The [Director](/usc/16/2402.md?p=4) may issue permits which authorize acts otherwise prohibited by [section 2403(b) of this title](/usc/16/2403.md?p=b).
- (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](/usc/16/2402.md?p=4) shall by regulation prescribe.
  - (2) The [Director](/usc/16/2402.md?p=4) 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](/usc/16/2402.md?p=4) 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](/usc/16/2402.md?p=4) receives an application for a permit under this section requesting authority to undertake any action with respect to—
    - (A) any [native mammal](/usc/16/2402.md?p=11) which is a marine mammal within the meaning of [section 1362(5)](/usc/16/1362.md?p=5)[^1] of this title;
    - (B) any [native mammal](/usc/16/2402.md?p=11), [native bird](/usc/16/2402.md?p=9), or [native plant](/usc/16/2402.md?p=12) which is an endangered species or threatened species under the Endangered Species Act of 1973 ([16 U.S.C. 1531](/usc/16/1531.md) et seq.); or
    - (C) any [native bird](/usc/16/2402.md?p=9) which is protected under the Migratory Bird Treaty Act ([16 U.S.C. 701](/usc/16/701.md) et seq.);

    the [Director](/usc/16/2402.md?p=4) shall submit a copy of the application to the [Secretary](/usc/16/2402.md?p=18) of Commerce or to the [Secretary](/usc/16/2402.md?p=18) of the Interior, as appropriate (hereinafter in this subsection referred to respectively as the “appropriate [Secretary](/usc/16/2402.md?p=18)”).

  - (2) After receiving a copy of any application from the [Director](/usc/16/2402.md?p=4) under [paragraph (1)](#c-1) the appropriate [Secretary](/usc/16/2402.md?p=18) shall promptly determine, and notify the [Director](/usc/16/2402.md?p=4), whether or not any action proposed in the application also requires a permit or other authorization under any law administered by the appropriate [Secretary](/usc/16/2402.md?p=18).
  - (3) If the appropriate [Secretary](/usc/16/2402.md?p=18) notifies the [Director](/usc/16/2402.md?p=4) that any action proposed in the application requires a permit or other authorization under any law administered by the appropriate [Secretary](/usc/16/2402.md?p=18), the [Director](/usc/16/2402.md?p=4) 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](/usc/16/2402.md?p=18) and a copy thereof is submitted to the [Director](/usc/16/2402.md?p=4). The issuance of any permit or other authorization by the appropriate [Secretary](/usc/16/2402.md?p=18) for the carrying out of any action with respect to any [native mammal](/usc/16/2402.md?p=11), [native bird](/usc/16/2402.md?p=9), or [native plant](/usc/16/2402.md?p=12) shall not be deemed to entitle the applicant concerned to the issuance by the [Director](/usc/16/2402.md?p=4) 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)](#c) applies, as soon as practicable after the applicable requirements of such subsection are complied with, the [Director](/usc/16/2402.md?p=4) 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](/usc/16/2402.md?p=4) 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](/usc/16/2402.md?p=11), [native birds](/usc/16/2402.md?p=9), [native plants](/usc/16/2402.md?p=12), or [native invertebrates](/usc/16/2402.md?p=10) to which the permit applies, and
      - (ii) the manner in which the [taking](/usc/16/3102.md?p=18) or [harmful interference](/usc/16/2402.md?p=5) shall be conducted (which manner shall be determined by the [Director](/usc/16/2402.md?p=4) to be humane) and the [area](/usc/16/539m–1.md?p=1-A) 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](/usc/16/2402.md?p=4) 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)](#e-2), if applicable, and the regulations prescribed under this chapter.
  - (2) The terms and conditions imposed by the [Director](/usc/16/2402.md?p=4) 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](/usc/16/3102.md?p=18) or [harmful interference](/usc/16/2402.md?p=5) within [Antarctica](/usc/16/2402.md?p=2) of any [native mammal](/usc/16/2402.md?p=11) or [native bird](/usc/16/2402.md?p=9) (other than a [Specially Protected Species](/usc/16/2402.md?p=19) 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](/usc/16/2402.md?p=11) and [native birds](/usc/16/2402.md?p=9) 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](/usc/16/2402.md?p=2) are maintained.
    - (B) Permits authorizing the [taking](/usc/16/3102.md?p=18) of [Specially Protected Species](/usc/16/2402.md?p=19) may be issued only if—
      - (i) there is a compelling scientific purpose for such [taking](/usc/16/3102.md?p=18); 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](/usc/16/2402.md?p=3) shall be issued only—
      - (i) if the entry is consistent with an approved [management plan](/usc/16/544.md?p=k), or
      - (ii) if a [management plan](/usc/16/544.md?p=k) relating to the [area](/usc/16/539m–1.md?p=1-A) 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](/usc/16/539m–1.md?p=1-A).
- (e) **2 Judicial review—** Any applicant for a permit may obtain judicial review of the terms and conditions of any permit issued by the [Director](/usc/16/2402.md?p=4) under this section or of the refusal of the [Director](/usc/16/2402.md?p=4) to issue such a permit. Such review, which shall be pursuant to [chapter 7](/usc/5/chptI/ch7.md) of title 5, may be initiated by filing a petition for review in the [United States](/usc/16/2402.md?p=22) district court for the district wherein the applicant for a permit resides, or has his principal place of business, or in the [United States](/usc/16/2402.md?p=22) 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](/usc/16/2402.md?p=4) 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](/usc/16/2405.md);
    - (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](/usc/16/620e.md?p=11) of any term or condition of the permit, any regulation prescribed under this chapter, or any provision of this chapter.
  - (2) Whenever the [Director](/usc/16/2402.md?p=4) 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](/usc/16/2402.md?p=4) with respect to such proposed modification, suspension, or revocation. If a hearing is requested, the action proposed by the [Director](/usc/16/2402.md?p=4) shall not [take](/usc/16/2402.md?p=20) effect before a decision is issued by him after the hearing, unless the proposed action is taken by the [Director](/usc/16/2402.md?p=4) to meet an emergency situation. Any action taken by the [Director](/usc/16/2402.md?p=4) 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)](#e).
  - (3) Notice of the modification, suspension, or revocation of any permit by the [Director](/usc/16/2402.md?p=4) shall be published in the Federal Register within 10 days from the date of the [Director](/usc/16/2402.md?p=4)’s decision.
- (g) **Permit fees—** The [Director](/usc/16/2402.md?p=4) 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](/usc/16/2402.md?p=4) in undertaking such processing.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. Two subsecs. (e) have been enacted.

## Source credit

(Pub. L. 95–541, § 5, Oct. 28, 1978, 92 Stat. 2050; Pub. L. 104–227, title I, § 105, Oct. 2, 1996, 110 Stat. 3040.)

## Notes

### Editorial Notes

### References in Text

Section 1362(5) of this title, referred to in subsec. (c)(1)(A), was redesignated section 1362(6) by Pub. L. 102–582, title IV, § 401(a), Nov. 2, 1992, 106 Stat. 4909.

The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), referred to in subsec. (c)(1)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

The Migratory Bird Treaty Act (16 U.S.C. 701 et seq.), referred to in subsec. (c)(1)(C), is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables.

### Amendments

1996—Subsec. (a). Pub. L. 104–227, § 105(1), substituted “section 2403(b)” for “section 2403(a)”.

Subsec. (c)(1)(B). Pub. L. 104–227, § 105(2), substituted “Species” for “Special”.

Subsec. (e)(1)(A). Pub. L. 104–227, § 105(3)(A), (B), in subsec. (e) relating to terms and conditions of permits substituted “native plants, or native invertebrates to which the permit applies, and” for “or native plants to which the permit applies,” in cl. (i), added cl. (ii), and struck out former cls. (ii) and (iii) which read as follows:

“(ii) if any such mammal or bird is authorized to be taken, transported, carried, or shipped, the manner (which manner must be determined by the Director to be humane) in which such action must be accomplished and the area in which such taking must occur, and

“(iii) if any such plant is authorized to be collected, the location and manner in which it must be collected;”.

Subsec. (e)(2)(A). Pub. L. 104–227, § 105(3)(C)–(G), in subsec. (e) relating to terms and conditions of permits substituted “or harmful interference within Antarctica” for “within Antarctica (other than within any specially protected area)” and “Specially Protected Species” for “specially protected species” in introductory provisions, substituted “, or” for “; and” in cl. (i)(II), added subcl. (III) in cl. (i), and substituted “within Antarctica are” for “with Antarctica and” in cl. (ii)(II).

Subsec. (e)(2)(B). Pub. L. 104–227, § 105(3)(D), in subsec. (e) relating to terms and conditions of permits substituted “Specially Protected Species” for “specially protected species” in introductory provisions.

Subsec. (e)(2)(C), (D). Pub. L. 104–227, § 105(3)(H), in subsec. (e) relating to terms and conditions of permits added subpar. (C) and struck out former subpars. (C) and (D) which read as follows:

“(C) Permits authorizing the entry into any specially protected area—

“(i) may be issued only if—

“(I) there is a compelling scientific purpose for such entry which cannot be served elsewhere, and

“(II) the actions allowed under any such permit will not jeopardize the natural ecological system existing in such area; and

“(ii) shall not allow the operation of any surface vehicle within such area.

“(D) Permits authorizing the entry into any site of special scientific interest shall be consistent with the management plan prescribed under section 2405(b)(3) of this title for such site.”