Page:United States Statutes at Large Volume 92 Part 2.djvu/772

 92 STAT. 2052

PUBLIC LAW 95-541—OCT. 28, 1978

(II) the variety of species and the balance of the natural ecological systems with Antarctica and maintained. (B) Permits authorizing the taking of specially protected species may be issued only if— (i) there is a compelling scientific purpose for such taking; and (ii) the actions allowed under any such permit will not jeopardize any existing natural ecological system, or the survival, of such species. (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 6(b)(3) for such site. (e) JUDICIAL REVIEW.—Any applicant for a permit may obtain judicial review of the terms and conditions of any permit issued by the Director under this section or of the refusal of the Director to issue such a permit. Such review, which shall be pursuant to chapter 5 USC 701 et seq. 7 of title 5, United States Code, may be initiated by filing a petition for review in the United States district court for the district wherein the applicant for a permit resides, or has his principal place of business, or in the United States District Court for the District of Columbia, within 60 days after the date on which such permit is issued or denied. (f)(1) MODIFICATION, SUSPENSION, AND REVOCATION.—The Director 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 6; (B) if there is any change in conditions which makes the permit inconsistent with the purpose of this Act; or (C) in any case in which there has been any violation of any term or condition of the permit, any regulation prescribed under this Act, or any provision of this Act. (2) Whenever the Director 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 with respect to such proposed modification, suspension, or revocation. If a hearing is requested, the action proposed by the Director shall not take effect before a decision is issued by him after the hearing, unless the proposed action is taken by the Director to meet an emergency situation. Any action taken by the Director after such a hearing is subject to juciicial review on the same basis as is provided for with respect to permit applications under subsection (e). Notice, (3) Notice of the modification, suspension, or revocation of any publication in permit by the Director shall be published in the Federal Register Federal Register, ^jthin 10 days from the date of the Director's decision.

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