§ 2405. — Regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2405]
TITLE 16--CONSERVATION
CHAPTER 44--ANTARCTIC CONSERVATION
Sec. 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(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(a)(1), (2), (3), and (4) of
this title, and section 2403(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 U.S.C. 1901 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.
(Pub. L. 95-541, Sec. 6, Oct. 28, 1978, 92 Stat. 2053; Pub. L. 104-227,
title I, Sec. 106, Oct. 2, 1996, 110 Stat. 3041.)
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, as amended, which is
classified principally to chapter 33 (Sec. 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.
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.
Section Referred to in Other Sections
This section is referred to in sections 2404, 2413 of this title.
