Page:United States Statutes at Large Volume 92 Part 2.djvu/770

 92 STAT. 2050

PUBLIC LAW 95-541—OCT. 28, 1978 (A) to possess, sell, offer for sale, deliver, receive, carry, transport, or ship by any means whatsoever, or (B) to import into the United States, to export from the United States, or to attempt to so import or export, any native mammal or native bird taken in Antarctica or any native plant collected in any specially protected area; (3) for any United States citizen wherever located, or any foreign person while within the United States, to violate any regulation prescribed under this Act; o r (4) for any person, whether or not a United States citizen, to violate any term or condition of any permit issued under section 5. No act described in paragraph s (1) through (4) sihall be unlawful if committed, under emergency circumstances, to prevent the loss of human life. (b) EXCEPTION.—Subsection (a) shall not apply to — (1) any native mammal, native bird, or native plant which is held in captivity on the date of the enactment of this Act; or (2) any offspring of any such mammal, bird, or plant. "With respect to any act prohibited by subsection (a) which occurs after the 180th d a y after such date of enactment, there shall be a rebuttable presumption that the native mammal, native bird, or native plant involved in such act was not held in captivity on such date or was not an offspring referred to in paragraph (2).

16 USC 2404.

SEC. 5. PERMITS.

(a) IN GENERAL.—The Director may issue permits which authorize acts otherwise prohibited by section 4(a). Regulation.

Publication in Federal Register.

(b) APPLICATIONS

FOR P E R M I T S. — (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 mater of public record. (c) ACTION BY APPROPRIATE SECRETARIES ON CERTAIN P E R M I T A P P L I -

CATIONS.— (1) I f the Director receives an application for a permit under this section requesting authority to undertake any action w i t h respect to — (A) any native mammal which is a marine m a m m a l within the meaning of section 3(5) of the Marine Mammal Protection Act o f l 9 7 2 (16 U.S.C. 1 3 6 2 (5)); (B) any native mammal, native bird, o r native p l a n t which is an endangered species or threatened species under the E n d a n gered Special Act of 1973 (16 U.S.C. 1531 et seq.); or (C) any native bird which is protected under the Migratory B i r d Treaty Act (16 U.S.C. 701 et seq.); the Director shall submit a copy of the application to the Secretary of Commerce o r to the Secretary of the Interior, as appropriate (hereinafter in this subsection referred to respectively as the " a p p r o p r i a t e Secretary"). (2) After receiving a copy of any application from the Director under paragraph (1) the appropriate Secretary shall p r o m p t l y

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