---
kind: "section"
citation: "16 U.S.C. § 2405"
title: "16"
title_heading: "Conservation"
number: "2405"
heading: "Regulations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/2405"
units:
  - "Chapter 44 — Antarctic Conservation"
---

# §2405. Regulations

- (a) **Regulations to be issued by Director—**
  - (1) The [Director](/usc/16/2402.md?p=4) shall issue such regulations as are necessary and appropriate to implement Annex II and Annex V to the [Protocol](/usc/16/2402.md?p=17) and the provisions of this chapter which implement those annexes, including [section 2403(b)(2)](/usc/16/2403.md?p=b-2), (3), (4), and (5) of this title. The [Director](/usc/16/2402.md?p=4) shall designate as [native](/usc/16/3102.md?p=16) 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](/usc/16/2402.md?p=2) or which occurs there seasonally through natural migrations.

  - (2) The [Director](/usc/16/2402.md?p=4), with the concurrence of the [Administrator](/usc/16/2402.md?p=1), shall issue such regulations as are necessary and appropriate to implement Annex III to the [Protocol](/usc/16/2402.md?p=17) and the provisions of this chapter which implement that Annex, including [section 2403(a)(1)](/usc/16/2403.md?p=a-1), (2), (3), and (4) of this title, and [section 2403(b)(1) of this title](/usc/16/2403.md?p=b-1).
  - (3) The [Director](/usc/16/2402.md?p=4) shall issue such regulations as are necessary and appropriate to implement Article 15 of the [Protocol](/usc/16/2402.md?p=17) with respect to land [areas](/usc/16/539m–1.md?p=1-A) and ice shelves in [Antarctica](/usc/16/2402.md?p=2).
  - (4) The [Director](/usc/16/2402.md?p=4) shall issue such additional regulations as are necessary and appropriate to implement the [Protocol](/usc/16/2402.md?p=17) and this chapter, except as provided in [subsection (b)](#b).
- (b) **Regulations to be issued by Secretary of Department in which Coast Guard is operating—** The [Secretary](/usc/16/2402.md?p=18) of the Department in which the Coast Guard is operating shall issue such regulations as are necessary and appropriate, in [addition](/usc/16/410r–5.md?p=c-2) to regulations issued under the Act to Prevent Pollution from Ships ([33 U.S.C. 1901](/usc/33/1901.md) et seq.), to implement Annex IV to the [Protocol](/usc/16/2402.md?p=17) and the provisions of this chapter which implement that Annex, and, with the concurrence of the [Director](/usc/16/2402.md?p=4), such regulations as are necessary and appropriate to implement Article 15 of the [Protocol](/usc/16/2402.md?p=17) with respect to vessels.
- (c) **Time period for regulations—** The regulations to be issued under subsection [(a)(1)](#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)](#a-3) of this section shall be issued within 3 years after October 2, 1996.

## Source credit

(Pub. L. 95–541, § 6, Oct. 28, 1978, 92 Stat. 2053; Pub. L. 104–227, title I, § 106, Oct. 2, 1996, 110 Stat. 3041.)

## Notes

### Editorial Notes

### References in Text

The Act to Prevent Pollution from Ships, referred to in subsec. (b), is Pub. L. 96–478, Oct. 21, 1980, 94 Stat. 2297, which is classified principally to chapter 33 (§ 1901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 33 and Tables.

### Amendments

1996—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.

### Statutory Notes and Related Subsidiaries

### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.