§2403. Prohibited acts

(a) In general

It is unlawful-

(1) for any United States citizen, unless authorized by regulation prescribed under this chapter or a permit issued under section 2404 of this title-

(A) to take within Antarctica any native mammal or native bird,

(B) to collect within any specially protected area any native plant,

(C) to introduce into Antarctica any animal or plant that is not indigenous to Antarctica,

(D) to enter any specially protected area or site of special scientific interest, or

(E) to discharge, or otherwise to dispose of, any pollutant within Antarctica;

(2) for any United States citizen wherever located, or any foreign person while within the United States, unless authorized by regulation prescribed under this chapter or a permit issued under section 2404 of this title-

(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 chapter; or

(4) for any person, whether or not a United States citizen, to violate any term or condition of any permit issued under section 2404 of this title.

No act described in paragraphs (1) through (4) shall be unlawful if committed, under emergency circumstances, to prevent the loss of human life.

(b) Exception

Subsection (a) of this section shall not apply to-

(1) any native mammal, native bird, or native plant which is held in captivity on October 28, 1978; or

(2) any offspring of any such mammal, bird, or plant.

With respect to any act prohibited by subsection (a) of this section which occurs after the 180th day after October 28, 1978, 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).

( Pub. L. 95–541, §4, Oct. 28, 1978, 92 Stat. 2049 .)

Section Referred to in Other Sections

This section is referred to in sections 2404, 2405, 2407, 2408, 2409 of this title.