[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR670.13]



[Page 216-217]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 670_CONSERVATION OF ANTARCTIC ANIMALS AND PLANTS--Table of Contents

 

                            Subpart C_Permits

 

Sec. 670.13  Permit administration.



    (a) Issuance of the permits. The Director may approve any 

application in whole or part. Permits shall be issued in writing and 

signed by the Director. Each permit may contain such terms and 

conditions as are consistent with the Act and this part.

    (b) Denial. The applicant shall be notified in writing of the denial 

of any permit request or part of a request and of the reason for such 

denial. If authorized in the notice of denial, the applicant may submit 

further information or reasons why the permit should not be denied. Such 

further submissions shall not be considered a new application.

    (c) Amendment of applications or permits. An applicant or permit 

holder desiring to have any term or condition of his application or 

permit modified must submit full justification and supporting 

information in conformance with the provisions of this subpart and the 

subpart governing the activities sought to be carried out under the 

modified permit. Any application for modification of a permit that 

involves a material change beyond the terms originally requested will 

normally be subject to the same procedures as a new application.

    (d) Notice of issuance or denial. Within 10 days after the date of 

the issuance or denial of a permit, the Director shall publish notice of 

the issuance or denial in the Federal Register.

    (e) Agents of the permit holder. The Director may authorize the 

permit holder to designate agents to act on behalf of the permit holder.

    (f) Marine mammals, endangered species, and migratory birds. If the 

Director receives a permit application involving any native mammal which 

is a marine mammal as defined by the Marine Mammal Protection Act of 

1972 (16 U.S.C. 1362(5)), any species which is an endangered or 

threatened species under the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.) or any native bird which is protected under the Migratory 

Bird Treaty Act (16 U.S.C. 701 et seq.), the Director shall submit a 

copy of the application to the Secretary of Commerce or to the Secretary 

of the Interior, as appropriate. If the appropriate Secretary determines 

that a permit should not be issued pursuant to any of the cited acts, 

the Director shall not



[[Page 217]]



issue a permit. The Director shall inform the applicant of any denial by 

the appropriate Secretary and no further action shall be taken on the 

application. If, however, the appropriate Secretary issues a permit 

pursuant to the requirements of the cited acts, the Director still must 

determine whether the proposed action is consistent with the Act and the 

regulations in this part.