Page:United States Statutes at Large Volume 92 Part 2.djvu/771

 PUBLIC LAW 95-541—OCT. 28, 1978

92 STAT. 2 0 5 1

determine, and notify the Director, whether or not any action proposed i n the application also requires a permit or other authorization under any law administered by the appropriate Secretary. (3) I f the appropriate Secretary notifies the Director that any action proposed i n the application requires a permit or other authorization under any law administered by the appropriate Secretary, the Director 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 and a copy thereof is submitted to the Director. The issuance of any permit or other authorization by the a p p r o p r i a t e Secretary for the carrying out of any action with respect to any native mammal, native bird, or native plant shall not be deemed to entitle the applicant concerned to the issuance by the Director 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) applies, as soon as practicable after the applicable requirements of such subsection are complied with, the Director shall issue, or deny the issuance of, the permit. W i t h i n Publication in 10 days after the date of the issuance or denial of a permit under this Federal Register. subsection, the Director shall publish notice of the issuance or denial in the Federal Register. (e) T E R M S AND CONDITIONS o r P E R M I T S. — (1) E a c h permit issued

under this section shall— (A) if applicable, specify— (i) the number and species of native mammals, native birds, or native plants to which the permit applies, (ii) if any such mammal or bird is authorized to be taken, transported, carried, o r 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; (B) the period during which the permit is valid; and (C) such other terms and conditions as the Director 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 Act, the criteria set forth in paragraph (2), if applicable, and the regulations prescribed under this Act. (2) The terms and conditions imposed by the Director in any permit Criteria issued under this section that authorizes any of the following acts shall be consistent with the following criteria: (A) Permits authorizing the taking within Antarctica (other than within any specially protected area) of any native mammal or native b i r d (other than a specially protected species of any such mammal or b i r d) — (i) may be issued only for the purpose of providing— (I) specimens for scientific study or scientific information, o r ( II) specimens for museums, zoological gardens, or other educational or cultural institutions or uses; and (ii) shall ensure, as f a r a s possible, that— (I) n o more native mammals and native birds are taken i n any year than can normally be replaced by n e t n a t u r a l reproduction in the following breeding season, and

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