189 Part 670—Conservation of Antarctic Animals And

National Science Foundation § 670.2

areawide agency transmitted by a sin- 670.24 Content of permit applications. gle point of contact, in cases in which 670.25 Designation of specially protected the review, coordination, and commu- species of native mammals, birds, and nication with the Foundation have plants. been delegated. 670.26 [Reserved] (b) The Director uses the procedures Subpart F—Antarctic Specially Protected in § 660.10 if a state process provides a Areas state process recommendation to the Foundation through a single point of 670.27 Specific issuance criteria. contact. 670.28 Content of permit applications. 670.29 Designation of Antarctic specially § 660.12 [Reserved] protected areas, specially managed areas and historic sites and monuments. § 660.13 May the Director waive any 670.30 [Reserved] provision of these regulations? In an emergency, the Director may Subpart G—Import Into and Export From waive any provision of these regula- the United States tions. 670.31 Specific issuance criteria for imports. 670.32 Specific issuance criteria for exports. PART 670—CONSERVATION OF 670.33 Content of permit applications. ANTARCTIC ANIMALS AND PLANTS 670.34 Entry and exit ports. 670.35 [Reserved] Subpart A—Introduction Subpart H—Introduction of Non-Indigenous Sec. Plants and Animals 670.1 Purpose of regulations. 670.2 Scope. 670.36 Specific issuance criteria. 670.3 Definitions. 670.37 Content of permit applications. 670.38 Conditions of permits. Subpart B—Prohibited Acts, Exceptions 670.39 [Reserved] 670.4 Prohibited acts. AUTHORITY: 16 U.S.C. 2405, as amended. 670.5 Exception in extraordinary circumstances. SOURCE: 63 FR 50164, Sept. 21, 1998, unless 670.6 Prior possession exception. otherwise noted. 670.7 Food exception. 670.8 Foreign permit exception. 670.9 Antarctic Conservation Act enforce- Subpart A—Introduction ment exception. 670.10 [Reserved] § 670.1 Purpose of regulations. The purpose of the regulations in this Subpart C—Permits part is to conserve and protect the na- 670.11 Applications for permits. tive mammals, birds, plants, and inver- 670.12 General issuance criteria. tebrates of Antarctica and the eco- 670.13 Permit administration. system upon which they depend and to 670.14 Conditions of permits. implement the Antarctic Conservation 670.15 Modification, suspension, and revoca- Act of 1978, Public Law 95–541, as tion. amended by the Antarctic Science, 670.16 [Reserved] Tourism, and Conservation Act of 1996, Subpart D—Native Mammals, Birds, Plants, Public Law 104–227. and Invertebrates § 670.2 Scope. 670.17 Specific issuance criteria. 670.18 Content of permit applications. The regulations in this part apply to: 670.19 Designation of native mammals. (a) Taking mammals, birds, or plants 670.20 Designation of native birds. native to Antarctica. 670.21 Designation of native plants. (b) Engaging in harmful interference 670.22 [Reserved] of mammals, birds, invertebrates, or plants native to Antarctica. Subpart E—Specially Protected Species of (c) Entering or engaging in activities Mammals, Birds, and Plants within Antarctic Specially Protected 670.23 Specific issuance criteria. Areas.

189

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 § 670.3 45 CFR Ch. VI (10–1–12 Edition)

(d) Receiving, acquiring, trans- place subject to the jurisdiction of the porting, offering for sale, selling, pur- United States, including the 12-mile chasing, importing, exporting or hav- territorial sea of the United States, ing custody, control, or possession of whether or not such act constitutes an any mammal, bird, or plant native to importation within the meaning of the Antarctica that was taken in violation customs laws of the United States. of the Act. Management plan means a plan to (e) Introducing into Antarctica any manage the activities and protect the member of a non-native species. special value or values in an Antarctic Specially Protected Area designated by § 670.3 Definitions. the United States as such a site con- In this part: sistent with plans adopted by the Ant- Act means the Antarctic Conserva- arctic Treaty Consultative Parties. tion Act of 1978, Public Law 95–541 (16 Native bird means any member, at U.S.C. 2401 et seq.) as amended by the any stage of its life cycle, of any spe- Antarctic Science, Tourism, and Con- cies of the class Aves which is indige- servation Act of 1996, Public Law 104– nous to Antarctica or occurs there sea- 227. sonally through natural migrations, Antarctic Specially Protected Area that is designated in subpart D of this means an area designated by the Ant- part. It includes any part, product, egg, arctic Treaty Parties to protect out- or offspring of or the dead body or standing environmental, scientific, his- parts thereof excluding fossils. toric, aesthetic, or wilderness values or Native invertebrate means any terres- to protect ongoing or planned sci- trial or freshwater invertebrate, at any entific research, designated in subpart stage of its life cycle, which is indige- F of this part. nous to Antarctica. It includes any Antarctica means the area south of 60 part thereof, but excludes fossils. degrees south latitude. Native mammal means any member, at Director means the Director of the any stage of its life cycle, of any spe- National Science Foundation, or an of- cies of the class Mammalia, which is ficer or employee of the Foundation indigenous to Antarctica or occurs designated by the Director. there seasonally through natural mi- Harmful interference means— grations, that is designated in subpart (a) Flying or landing helicopters or D of this part. It includes any part, other aircraft in a manner that dis- product, offspring of or the dead body turbs concentrations of birds or seals; or parts thereof but excludes fossils. (b) Using vehicles or vessels, includ- Native plant means any terrestrial or ing hovercraft and small boats, in a freshwater vegetation, including manner that disturbs concentrations of bryophytes, lichens, fungi, and algae, birds or seals; at any stage of its life cycle which is (c) Using explosives or firearms in a indigenous to Antarctica that is des- manner that disturbs concentrations of ignated in subpart D of this part. It in- birds or seals; cludes seeds and other propagules, or (d) Willfully disturbing breeding or parts of such vegetation, but excludes molting birds or concentrations of fossils. birds or seals by persons on foot; Person has the meaning given that (e) Significantly damaging con- term in section 1 of title 1, United centrations of native terrestrial plants States Code, and includes any person by landing aircraft, driving vehicles, or subject to the jurisdiction of the walking on them, or by other means; United States and any department, and agency, or other instrumentality of the (f) Any activity that results in the Federal Government or of any State or significant adverse modification of local government. habitats of any species or population of Protocol means the Protocol on Envi- native mammal, native bird, native ronmental Protection to the Antarctic plant, or native invertebrate. Treaty, signed October 4, 1991, in Ma- Import means to land on, bring into, drid, and all annexes thereto, including or introduce into, or attempt to land any future amendments to which the on, bring into or introduce into, any United States is a Party.

190

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 National Science Foundation § 670.6

Specially Protected Species means any known, was taken in violation of the native species designated as a Spe- Act. cially Protected Species that is des- (e) Introduction of non-indigenous ani- ignated in subpart E of this part. mals and plants into Antarctica. It is un- Take or taking means to kill, injure, lawful for any person to introduce into capture, handle, or molest a native Antarctica any animal or plant which mammal or bird, or to remove or dam- is not indigenous to Antarctica or age such quantities of native plants which does not occur there seasonally that their local distribution or abun- through natural migrations, as speci- dance would be significantly affected fied in subpart H of this part, except as or to attempt to engage in such con- provided in §§ 670.7 and 670.8. duct. (f) Violations of regulations. It is un- Treaty means the Antarctic Treaty lawful for any person to violate the signed in Washington, DC on December regulations set forth in this part. 1, 1959. (g) Violation of permit conditions. It is United States means the several states unlawful for any person to violate any of the Union, the District of Columbia, term or condition of any permit issued the Commonwealth of Puerto Rico, under subpart C of this part. American Samoa, the Virgin Islands, Guam, the Commonwealth of the § 670.5 Exception in extraordinary cir- Northern Mariana Islands, and other cumstances. commonwealth, territory, or posses- (a) Emergency exception. No act de- sion of the United States. scribed in § 670.4 shall be unlawful if the person committing the act reasonably Subpart B—Prohibited Acts, believed that the act was committed Exceptions under emergency circumstances involving the safety of human life or of § 670.4 Prohibited acts. ships, aircraft, or equipment or facili- Unless a permit has been issued pur- ties of high value, or the protection of suant to subpart C of this part or un- the environment. less one of the exceptions stated in (b) Aiding or salvaging native mammals §§ 670.5 through 670.9 is applicable, it is or native birds. The prohibition on tak- unlawful to commit, attempt to com- ing shall not apply to any taking of na- mit, or cause to be committed any of tive mammals or native birds if such the acts described in paragraphs (a) action is necessary to: through (g) of this section. (1) Aid a sick, injured or orphaned (a) Taking of native mammal, bird or specimen; plants. It is unlawful for any person to (2) Dispose of a dead specimen; or take within Antarctica a native mam- (3) Salvage a dead specimen which mal, a native bird, or native plants. may be useful for scientific study. (b) Engaging in harmful interference. It (c) Reporting. Any actions taken is unlawful for any person to engage in under the exceptions in this section harmful interference in Antarctica of shall be reported promptly to the Di- native mammals, native birds, native rector. plants or native invertebrates. (c) Entry into Antarctic specially des- § 670.6 Prior possession exception. ignated areas. It is unlawful for any per- (a) Exception. Section 670.4 shall not son to enter or engage in activities apply to: within any Antarctic Specially Pro- (1) any native mammal, bird, or plant tected Area. which is held in captivity on or before (d) Possession, sale, export, and import October 28, 1978; or of native mammals, birds, and plants. It (2) Any offspring of such mammal, is unlawful for any person to receive, bird, or plant. acquire, transport, offer for sale, sell, (b) Presumption. With respect to any purchase, export, import, or have cus- prohibited act set forth in § 670.4 which tody, control, or possession of, any na- occurs after April 29, 1979, the Act cre- tive bird, native mammal, or native ates a rebuttable presumption that the plant which the person knows, or in the native mammal, native bird, or native exercise of due care should have plant involved in such act was not held

191

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00201 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 § 670.7 45 CFR Ch. VI (10–1–12 Edition)

in captivity on or before October 28, name and address of its president or 1978, or was not an offspring referred to principal officer must be included. in paragraph (a) of this section. (2) Where the applicant seeks to engage in a taking, § 670.7 Food exception. (i) The scientific names, numbers, Paragraph (e) of § 670.4 shall not and description of native mammals, apply to the introduction of animals native birds or native plants to be and plants into Antarctica for use as taken; and food as long as animals and plants used (ii) Whether the native mammals, for this purpose are kept under care- birds, or plants, or part of them are to fully controlled conditions. This excep- be imported into the United States, tion shall not apply to living species of and if so, their ultimate disposition. animals. Unconsumed poultry or its (3) Where the applicant seeks to en- parts shall be removed from Antarctica gage in a harmful interference, the sci- unless incinerated, autoclaved or oth- entific names, numbers, and descrip- erwise sterilized. tion of native birds or native seals to be disturbed; the scientific names, § 670.8 Foreign permit exception. numbers, and description of native plants to be damaged; or the scientific Paragraphs (d) and (e) of § 670.4 shall names, numbers, and description of na- not apply to transporting, carrying, re- tive invertebrates, native mammals, ceiving, or possessing native mammals, native plants, or native birds whose native plants, or native birds or to the habitat will be adversely modified; introduction of non-indigenous animals (4) A complete description of the lo- and plants when conducted by an agen- cation, time period, and manner in cy of the United States Government on which the taking or harmful inter- behalf of a foreign national operating ference would be conducted, including under a permit issued by a foreign gov- the proposed access to the location; ernment to give effect to the Protocol. (5) Where the application is for the introduction of non-indigenous plants § 670.9 Antarctic Conservation Act en- or animals, the scientific name and the forcement exception. number to be introduced; Paragraphs (a) through (d) of § 670.4 (6) Whether agents as referred to in shall not apply to acts carried out by § 670.13 will be used; and an Antarctic Conservation Act En- (7) The desired effective dates of the forcement Officer (designated pursuant permit. to 45 CFR 672.3) if undertaken as part (b) Content of specific permit applica- of the Antarctic Conservation Act En- tions. In addition to the general infor- forcement Officer’s official duties. mation required for permit applications set forth in this subpart, the ap- § 670.10 [Reserved] plicant must submit additional information relating to the specific action Subpart C—Permits for which the permit is being sought. These additional requirements are set § 670.11 Applications for permits. forth in the sections of this part deal- (a) General content of permit applica- ing with the subject matter of the per- tions. All applications for a permit mit applications as follows: shall be dated and signed by the appli- Native Mammals, Birds, Plants, and Inverte- cant and shall contain the following in- brates—Section 670.17 formation: Specially Protected Species—Section 670.23 (1) The name and address of the ap- Specially Protected Areas—Section 670.27 plicant; Import and Export—Section 670.31 Introduction of Non-Indigenous Plants and (i) Where the applicant is an indi- Animals—Section 670.36 vidual, the business or institutional af- filiation of the applicant must be in- (c) Certification. Applications for per- cluded; or mits shall include the following certifi- (ii) Where the applicant is a corpora- cation: tion, firm, partnership, or institution, I certify that the information submitted in or agency, either private or public, the this application for a permit is complete and

192

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00202 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 National Science Foundation § 670.13

accurate to the best of my knowledge and be- whole or part. Permits shall be issued lief. Any false statement will subject me to in writing and signed by the Director. the criminal penalties of 18 U.S.C. 1001. Each permit may contain such terms (d) Address to which applications and conditions as are consistent with should be sent. Each application shall the Act and this part. be in writing, addressed to: (b) Denial. The applicant shall be no- tified in writing of the denial of any Permit Officer, Office of Polar Programs, Na- tional Science Foundation, Room 755, 4201 permit request or part of a request and Wilson Boulevard, Arlington, Virginia of the reason for such denial. If author- 22230. ized in the notice of denial, the applicant may submit further information (e) Sufficiency of application. The suf- or reasons why the permit should not ficiency of the application shall be de- be denied. Such further submissions termined by the Director. The Director shall not be considered a new applica- may waive any requirement for infor- tion. mation, or request additional information as determined to be relevant to (c) Amendment of applications or per- the processing of the application. mits. An applicant or permit holder de- (f) Withdrawal. An applicant may siring to have any term or condition of withdraw an application at any time. his application or permit modified (g) Publication of permit applications. must submit full justification and sup- The Director shall publish notice in the porting information in conformance FEDERAL REGISTER of each application with the provisions of this subpart and for a permit. The notice shall invite the subpart governing the activities the submission by interested parties, sought to be carried out under the within 30 days after the date of publi- modified permit. Any application for cation of the notice, of written data, modification of a permit that involves comments, or views with respect to the a material change beyond the terms application. Information received by originally requested will normally be the Director as a part of any applica- subject to the same procedures as a tion shall be available to the public as new application. a matter of public record. (d) Notice of issuance or denial. Within 10 days after the date of the issuance or § 670.12 General issuance criteria. denial of a permit, the Director shall Upon receipt of a complete and prop- publish notice of the issuance or denial erly executed application for a permit in the FEDERAL REGISTER. and the expiration of the applicable (e) Agents of the permit holder. The Di- public comment period, the Director rector may authorize the permit holder will decide whether to issue the permit. to designate agents to act on behalf of In making the decision, the Director the permit holder. will consider, in addition to the spe- (f) Marine mammals, endangered specific criteria set forth in the appro- cies, and migratory birds. If the Director priate subparts of this part: receives a permit application involving (a) Whether the authorization re- any native mammal which is a marine quested meets the objectives of the Act mammal as defined by the Marine and the requirements of the regula- Mammal Protection Act of 1972 (16 tions in this part; U.S.C. 1362(5)), any species which is an (b) The judgment of persons having endangered or threatened species under expertise in matters germane to the the Endangered Species Act of 1973 (16 application; and U.S.C. 1531 et seq.) or any native bird (c) Whether the applicant has failed which is protected under the Migratory to disclose material information re- Bird Treaty Act (16 U.S.C. 701 et seq.), quired or has made false statements the Director shall submit a copy of the about any material fact in connection application to the Secretary of Com- with the application. merce or to the Secretary of the Inte- rior, as appropriate. If the appropriate § 670.13 Permit administration. Secretary determines that a permit (a) Issuance of the permits. The Direc- should not be issued pursuant to any of tor may approve any application in the cited acts, the Director shall not

193

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00203 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 § 670.14 45 CFR Ch. VI (10–1–12 Edition)

issue a permit. The Director shall in- is issued by him after the hearing, un- form the applicant of any denial by the less the proposed action is taken by the appropriate Secretary and no further Director to meet an emergency situa- action shall be taken on the application. tion. If, however, the appropriate Sec- (c) Notice of the modification, sus- retary issues a permit pursuant to the pension, or revocation of any permit by requirements of the cited acts, the Di- the Director shall be published in the rector still must determine whether FEDERAL REGISTER, within 10 days from the proposed action is consistent with the date of the Director’s decision. the Act and the regulations in this part. § 670.16 [Reserved] § 670.14 Conditions of permits. Subpart D—Native Mammals, (a) Possession of permits. Permits Birds, Plants, and Invertebrates issued under the regulations in this part, or copies of them, must be in the § 670.17 Specific issuance criteria. possession of persons to whom they are With the exception of specially pro- issued and their agents when con- tected species of mammals, birds, and ducting the authorized action. plants designated in subpart E of this (b) Display of permits. Any permit part, permits to engage in a taking or issued shall be displayed for inspection harmful interference: upon request to the Director, des- (a) May be issued only for the pur- ignated agents of the Director, or any pose of providing— person with enforcement responsibil- (1) Specimens for scientific study or ities. scientific information; or (c) Filing of reports. Permit holders (2) Specimens for museums, zoolog- are required to file reports of the ac- ical gardens, or other educational or tivities conducted under a permit. Re- cultural institutions or uses; or ports shall be submitted to the Direc- (3) For unavoidable consequences of tor not later than June 30 for the pre- scientific activities or the construction ceding 12 months. and operation of scientific support fa- cilities; and § 670.15 Modification, suspension, and (b) Shall ensure, as far as possible, revocation. that— (a) The Director may modify, sus- (1) No more native mammals, birds, pend, or revoke, in whole or in part, or plants are taken than are necessary any permit issued under this subpart: to meet the purposes set forth in para- (1) In order to make the permit con- graph (a) of this section; sistent with any change to any regula- (2) No more native mammals or na- tion in this part made after the date of tive birds are taken in any year than issuance of this permit; can normally be replaced by net nat- (2) If there is any change in condi- ural reproduction in the following tions which make the permit incon- breeding season; sistent with the purpose of the Act and (3) The variety of species and the bal- the regulations in this part; or ance of the natural ecological systems (3) In any case in which there has within Antarctica are maintained; and been any violation of any term or con- (4) The authorized taking, trans- dition of the permit, any regulation in porting, carrying, or shipping of any this part, or any provision of the Act. native mammal or bird is carried out (b) Whenever the Director proposes in a humane manner. any modifications, suspension, or revocation of a permit under this section, § 670.18 Content of permit applica- the permittee shall be afforded oppor- tions. tunity, after due notice, for a hearing In addition to the information re- by the Director with respect to such quired in subpart C of this part, an ap- proposed modification, suspension or plicant seeking a permit to take a na- revocation. If a hearing is requested, tive mammal or native bird shall in- the action proposed by the Director clude a complete description of the shall not take effect before a decision project including the purpose of the

194

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00204 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 National Science Foundation § 670.20

proposed taking, the use to be made of Gray-headed—Diomedea chrysostoma. the native mammals or native birds, Light-mantled sooty—Phoebetria and the ultimate disposition of the na- palpebrata. tive mammals and birds. An applicant Wandering—Diomedea exulans. seeking a permit to engage in a harm- Fulmar ful interference shall include a com- Northern Giant—Macronectes halli. plete description of the project includ- Southern—Fulmarus glacialoides. ing the purpose of the activity which Southern Giant—Macronectes giganteus. will result in the harmful interference. Sufficient information must be pro- Gull vided to establish that the taking, Southern Black-backed—Larus harmful interference, transporting, dominicanus. carrying, or shipping of a native mammal or bird shall be humane. Jaeger Parasitic—Stercorarius parasiticus. § 670.19 Designation of native mam- Pomarine—Stercorarius pomarinsus mals. Penguin The following are designated native mammals: Adelie—Pygoscelis adeliae. Chinstrap—Pygoscelis antarctica. Pinnipeds: Emperor—Aptenodytes forsteri. Crabeater seal—Lobodon carcinophagus. Gentoo—Pygoscelis papua. Leopard seal—Hydrurga leptonyx. King—Aptenodytes patagonicus. Ross seal—Ommatophoca rossi.1 Macaroni—Eudyptes chrysolophus. Southern elephant seal—Mirounga leonina. Rockhopper—Eudyptes crestatus. Southern fur seals—Arctocephalus spp.1 Weddell seal—Leptonychotes weddelli. Petrel Large Cetaceans (Whales): Antarctic—Thalassoica antarctica. Blue whale—Balaenoptera musculus. Black-bellied Storm—Fregetta tropica. Fin whale—Balaenoptera physalus. Blue—Halobaena caerulea. Humpback whale—Megaptera novaeangliae. Gray—Procellaria cinerea. Minke whale—Balaenoptera acutrostrata. Great-winged—Pterodroma macroptera. Pygmy blue whale—Balaenoptera musculus Kerguelen—Pterodroma brevirostris. brevicauda Mottled—Pterodroma inexpectata. Sei whale—Balaenoptera borealis Snow—Pagodroma nivea. Southern right whale—Balaena glacialis Soft-plumaged—Pterodroma mollis. australis South-Georgia Diving—Pelecanoides Sperm whale—Physeter macrocephalus georgicus. Small Cetaceans (Dolphins and porpoises): White-bellied Storm—Fregetta grallaria. Arnoux’s beaked whale—Berardius arnuxii. White-chinned—Procellaria aequinoctialis. Commerson’s dolphin—Cephalorhynchus White-headed—Pterodroma lessoni. commersonii Wilson’s Storm— Dusky dolphin—Lagenorhynchus obscurus Oceanites oceanicus. Hourglass dolphin—Lagenorhynchus Pigeon cruciger Killer whale—Orcinus orca Cape—Daption capense. Long-finned pilot whale—Globicephala melaena Pintail Southern bottlenose whale—Hyperoodon South American Yellow-billed—Anas planifrons. georgica spinicauda. Southern right whale dolphin—Lissodelphis peronii Prion Spectacled porpoise—Phocoena dioptrica Antarctic—Pachyptila desolata. Narrow-billed—Pachyptila belcheri. § 670.20 Designation of native birds. The following are designated native Shag birds: Blue-eyed—Phalacrocorax atriceps. Albatross Shearwater Black-browed—Diomedea melanophris. Sooty—Puffinus griseus. Skua 1 These species of mammals have been designated as specially protected species and Brown—Catharacta lonnbergi are subject to subpart E of this part. South Polar—Catharacta maccormicki.

195

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00205 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 § 670.21 45 CFR Ch. VI (10–1–12 Edition)

Swallow (b) Information demonstrating that Barn—Hirundo rustica. the proposed action will not jeopardize the existing natural ecological system Sheathbill or the survival of the affected species American—Chionis alba. or population; and (c) Information establishing that the Tern taking, transporting, carrying, or ship- Antarctic—Sterna vittata. ping of any native bird or native mam- Arctic—Sterna paradisaea. mal will be carried out in a humane [66 FR 46739, Sept. 7, 2001] manner.

§ 670.21 Designation of native plants. § 670.25 Designation of specially protected species of native mammals, All plants whose normal range is lim- birds, and plants. ited to, or includes Antarctica are des- The following species has been designated native plants, including: ignated as Specially Protected Species Bryophytes by the Antarctic Treaty Parties and is Freshwater algae hereby designated Specially Protected Fungi Species: Lichens Common Name and Scientific Name Marine algae Ross Seal—Ommatophoca rossii Vascular Plants [73 FR 14939, Mar. 20, 2008] § 670.22 [Reserved] § 670.26 [Reserved] Subpart E—Specially Protected Species of Mammals, Birds, Subpart F—Antarctic Specially and Plants Protected Areas § 670.23 Specific issuance criteria. § 670.27 Specific issuance criteria. Permits authorizing the taking of Permits authorizing entry into any mammals, birds, or plants designated Antarctic Specially Protected Area as a Specially Protected Species of designated in § 670.29 may only be mammals, birds, and plants in § 670.25 issued if: may only be issued if: (a) The entry and activities to be en- (a) There is a compelling scientific gaged in are consistent with an ap- purpose for such taking; proved management plan, or (b) The actions allowed under any (b) A management plan relating to such permit will not jeopardize the ex- the area has not been approved by the isting natural ecological system, or the Antarctic Treaty Parties, but survival of the affected species or popu- (1) There is a compelling scientific lation; purpose for such entry which cannot be (c) The taking involves non-lethal served elsewhere, and techniques, where appropriate; and (2) The actions allowed under the per- (d) The authorized taking, trans- mit will not jeopardize the natural eco- porting, carrying or shipping will be logical system existing in such area. carried out in a humane manner. § 670.28 Content of permit application. § 670.24 Content of permit applica- In addition to the information re- tions. quired in subpart C of this part, an ap- In addition to the information re- plicant seeking a permit to enter an quired in subpart C of this part, an ap- Antarctic Specially Protected Area plicant seeking a permit to take a Spe- shall include the following in the appli- cially Protected Species shall include cation: the following in the application: (a) A detailed justification of the (a) A detailed scientific justification need for such entry, including a discus- of the need for taking the Specially sion of alternatives; Protected Species, including a discus- (b) Information demonstrating that sion of possible alternative species; the proposed action will not jeopardize

196

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00206 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 National Science Foundation § 670.29

the unique natural ecological system ASPA 115 Lagotellerie Island, Mar- in that area; and guerite Bay, Graham Land (c) Where a management plan exists, ASPA 116 New College Valley, information demonstrating the consist- Caughley Beach, Cape Bird, Ross Is- ency of the proposed actions with the land management plan. ASPA 117 Avian Island, Marguerite Bay, Antarctic Peninsula § 670.29 Designation of Antarctic Spe- ASPA 118 Summit of Mount Mel- cially Protected Areas, Specially bourne, Victoria Land Managed Areas and Historic Sites ASPA 119 Davis Valley and Forlidas and Monuments. Pond, Dufek Massif, Pensacola Moun- (a) The following areas have been tains designated by the Antarctic Treaty ASPA 120 Pointe-Geologie Parties for special protection and are Archipelego, Terre Adelie hereby designated as Antarctic Spe- ASPA 121 Cape Royds, Ross Island cially Protected Areas (ASPA). The ASPA 122 Arrival Heights, Hut Point Antarctic Conservation Act of 1978, as Peninsula, Ross Island amended, prohibits, unless authorized ASPA 123 Barwick and Balham Val- by a permit, any person from entering leys, Southern Victoria Land or engaging in activities within an ASPA 124 Cape Crozier, Ross Island ASPA. Detailed maps and descriptions ASPA 125 Fildes Peninsula, King of the sites and complete management George Island (25 de Mayo) plans can be obtained from the Na- ASPA 126 Byers Peninsula, Living- tional Science Foundation, Office of ston Island, South Shetland Islands Polar Programs, National Science ASPA 127 Haswell Island Foundation, Room 755, 4201 Wilson ASPA 128 Western shore of Admiralty Boulevard, Arlington, Virginia 22230. Bay, King George Island, South Shet- ASPA 101 Taylor Rookery, Mac. Rob- land Islands ertson Land ASPA 129 Rothera Point, Adelaide Is- ASPA 102 Rookery Islands, Holme land Bay, Mac. Robertson Land ASPA 130 Tramway Ridge, Mount Er- ASPA 103 Ardery Island and Odbert ebus, Ross Island Island, Budd Coast, Wilkes Land ASPA 131 Canada Glacier, Lake ASPA 104 Sabrina Island, Northern Fryxell, Taylor Valley, Victoria Ross Sea, Antarctica Land ASPA 105 Beaufort Island, McMurdo ASPA 132 Potter Peninsula, King Sound, Ross Sea George Island (Isla 25 de Mayo) ASPA 106 Cape Hallett, Northern Vic- (South Shetland Islands) toria Land, Ross Sea ASPA 133 Harmony Point, Nelson Is- ASPA 107 Emperor Island, Dion Is- land, South Shetland Islands lands, Marguerite Bay, Antarctic Pe- ASPA 134 Cierva Point and offshore ninsula islands, Danco Coast, Antarctic Pe- ASPA 108 Green Island, Berthelot Is- ninsula lands, Antarctic Peninsula ASPA 135 North-eastern Bailey Penin- ASPA 109 Moe Island, South Orkney sula, Budd Coast, Wilkes Land Islands ASPA 136 Clark Peninsula, Budd ASPA 110 Lynch Island, South Orkney Coast, Wilkes Land Islands ASPA 137 North-west White Island, ASPA 111 Southern Powell Island and McMurdo Sound adjacent islands, South Orkney Is- ASPA 138 Linnaeus Terrace, Asgard lands Range, Victoria Land ASPA 112 Coppermine Peninsula, Rob- ASPA 139 Biscoe Point, Anvers Island, ert Island, South Shetland Islands Palmer Archipelago ASPA 113 Litchfield Island, Arthur ASPA 140 Parts of Deception Island, Harbour, Anvers Island, Palmer Ar- South Shetland Islands chipelago ASPA 141 Yukidori Valley, ASPA 114 Northern Coronation Island, Langhovde, Lutzow-Holm Bay South Orkney Islands ASPA 142 Svarthamaren

197

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 § 670.29 45 CFR Ch. VI (10–1–12 Edition)

ASPA 143 Marine Plain, Mule Penin- (b) The following areas have been sula, Vestfold Hills, Princess Eliza- designated by the Antarctic Treaty beth Land Parties for special management and ASPA 144 Chile Bay (Discovery Bay), have been designated as Antarctic Spe- Greenwich Island, South Shetland Is- cially Managed Areas (ASMA). De- lands tailed maps and descriptions of the ASPA 145 Port Foster, Deception Is- sites and complete management plans land, South Shetland Islands can be obtained from the National ASPA 146 South Bay, Doumer Island, Science Foundation, Office of Polar Palmer Archipelago Programs, Room 755, 4201 Wilson Bou- ASPA 147 Ablation Valley and Gany- levard, Arlington, Virginia 22230. mede Heights, Alexander Island ASMA 1 Admiralty Bay, King George ASPA 148 Mount Flora, Hope Bay, Island Antarctic Peninsula ASMA 2 McMurdo Dry Valleys, ASPA 149 Cape Shirreff and San Southern Victoria Land Talmo Island, Livingston Island, ASMA 3 Cape Denison, Common- South Shetland Islands wealth Bay, George V Land, East ASPA 150 Ardley Island, Maxwell Bay, Antarctica King George Island (25 de Mayo) ASMA 4 Deception Island ASPA 151 Lions Rump, King George ASMA 5 Amundsen-Scott South Pole Island, South Shetland Islands Station, South Pole ASPA 152 Western Bransfield Strait ASPA 153 Eastern Dallmann Bay ASMA 6 Larsemann Hills, East Ant- ASPA 154 Botany Bay, Cape Geology, arctica Victoria Land ASMA 7 Southwest Anvers Island and ASPA 155 Cape Evans, Ross Island Palmer Basin ASPA 156 Lewis Bay, Mount Erebus, (c) The following areas have been Ross Island designated by the Antarctic Treaty ASPA 157 Backdoor Bay, Cape Royds, Parties as historic sites or monuments Ross Island (HSM). The Antarctic Conservation ASPA 158 Hut Point, Ross Island Act of 1978, as amended, prohibits any ASPA 159 Cape Adare, Borchgrevink damage, removal or destruction of a Coast historic site or monument listed pursu- ASPA 160 Frazier Islands, Windmill ant to Annex V to the Protocol. Islands, Wilkes Land, East Antarc- Descriptions of the sites or monu- tica ments can be obtained from the Na- ASPA 161 Terra Nova Bay, Ross Sea tional Science Foundation, Office of ASPA 162 Mawson’s Huts, Cape Polar Programs, Room 755, 4201 Wilson Denison, Commonwealth Bay, George Boulevard, Arlington, Virginia 22230. V Land, East Antarctica HSM 1 Flag mast erected in Decem- ASPA 163 Dakshin Gangotri Glacier, ber 1965 at South Geographical Pole by Dronning Maud Land the First Argentine Overland Polar Ex- ASPA 164 Scullin and Murray pedition. Monoliths, Mac. Robertson Land HSM 2 Rock cairn and plaques ASPA 165 Edmonson Point, Wood erected in January 1961 at Syowa Sta- Bay, Ross Sea tion in memory of Shun Fukushima. ASPA 166 Port-Martin, Terre Adelie HSM 3 Rock cairn and plaque erect- ASPA 167 Hawker Island, Vestfold ed in January 1930 by Sir Douglas Hills, Ingrid Christensen Coast, Prin- Mawson on Proclamation Island, En- cess Elizabeth Land, East Antarctica derby Land. ASPA 168 Mount Harding, Grove HSM 4 Station building to which a Mountains, East Antarctica bust of V.I. Lenin is fixed together ASPA 169 Amanda Bay, Ingrid with a plaque in memory of the con- Christensen Coast, Princess Eliza- quest of the Pole of Inaccessibility, by beth Land, East Antarctica Soviet Antarctic Explorers in 1958. ASPA 170 Marion Nunataks, Charcot HSM 5 Rock cairn and plaque at Island, Antarctic Peninsula ASPA 171 Cape Bruce, Mac. Robertson Land, Narebski Point, Barton Peninsula, erected in February 1931 by Sir Douglas King George Island Mawson.

198

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00208 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 National Science Foundation § 670.29

HSM 6 Rock cairn and canister at HSM 23 Grave at Cape Adare of Nor- Walkabout Rocks, Vestfold Hills, Prin- wegian biologist Nicolai Hanson. cess Elizabeth Land, erected in 1939 by HSM 24 Rock cairn, known as Sir Hubert Wilkins. ‘‘Amundsen’s cairn,’’ at Mount Betty, HSM 7 Stone with inscribed plaque, Queen Maud Range erected by Roald erected at Mirny Observatory, Mabus Amundsen in January 1912. Point, in memory of driver-mechanic HSM 26 Abandoned installations of Ivan Kharma. Argentine Station ‘‘General San Mar- HSM 8 Metal Monument sledge and tin’’ on Barry Island, Debenham Is- plaque at Mirny Observatory, Mabus lands, Marguerite Bay, Antarctic Pe- Point, in memory of driver-mechanic ninsula. Anatoly Shcheglov. HSM 27 Cairn with a replica of a HSM 9 Cemetery on Buromskiy Is- lead plaque erected at Megalestris Hill, land, near Mirny Observatory. Petermann Island in 1909 by the second HSM 10 Building (Magnetic Observ- French expedition. atory) at Dobrowolsky Station, Bunger HSM 28 Rock Cairn at Port Charcot, Hills, with plaque in memory of the Booth Island, with wooden pillar and opening of Oasis Station in 1956. plaque. HSM 11 Heavy Tractor at Vostock HSM 29 Lighthouse named Station with plaque in memory of the ‘‘Primero de Mayo’’ erected on Lambda opening of the Station in 1957. Island, Melchior Islands, by Argentina in 1942. HSM 14 Site of ice cave at Inex- HSM 30 Shelter at Paradise Harbour pressible Island, Terra Nova Bay, con- erected in 1950. structed in March 1912 by Victor Camp- HSM 32 Concrete Monolith erected bell’s Northern Party. in 1947 near Capitan Arturo Prat Base HSM 15 Hut at Cape Royds, Ross Is- on Greenwich Island, South Shetland land, built in February 1908 by the Islands. British Antarctic Expedition. HSM 33 Shelter and cross with HSM 16 Hut at Cape Evans, Ross Is- plaque near Capitan Arturo Prat Base land, built in January 1911 by the Brit- Greenwich Island, South Shetland Is- ish Antarctic Expedition. lands. HSM 17 Cross on Wind Vane Hill, HSM 34 Bust at Capitan Arturo Prat Cape Evans, Ross Island, erected by the base Greenwich Island, South Shetland Ross Sea Party in memory of three Islands, of Chilean naval hero Arturo members of the party who died in the Prat. vicinity in 1916. HSM 35 Wooden cross and statue of HSM 18 Hut at Hut Point, Ross Is- the Virgin of Carmen erected in 1947 land, built in February 1902 by the near Capitan Arturo Prat base Green- British Antarctic Expedition. wich Island, South Shetland Islands. HSM 19 Cross at Hut Point, Ross Is- HSM 36 Replica of a metal plaque land, erected in February 1904 by the erected by Eduard Dallman at Potter British Antarctic Expedition in mem- Cove, King George Island, South Shet- ory of George Vince. land Islands. HSM 20 Cross on Observation Hill, HSM 37 Statue erected in 1948 at Ross Island, erected in January 1913 by General Bernando O’Higgins Base the British Antarctic Expedition in (Chile) Trinity Peninsula. memory of Captain Robert F Scott’s HSM 38 Wooden hut on Snow Hill Is- party which perished on the return land built in February 1902 by the journey from the South Pole. Swedish South Polar Expedition. HSM 21 Remains of stone hut at HSM 39 Stone hut at Hope Bay, Cape Crozier, Ross Island, constructed Trinity Peninsula built in January 1903 in July 1911 by the British Antarctic by the Swedish South Polar Expedi- Expedition. tion. HSM 22 Three huts and associated HSM 40 Bust of General San Martin, relics at Cape Adare Two built in Feb- grotto with statue of the Virgin Lujan, ruary 1899 the third was built in Feb- a flag mast and graveyard at Base ruary 2011 all by the British Antarctic Esperanza, Hope Bay Trinity Penin- Expedition. sula, erected by Argentina in 1955.

199

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00209 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 § 670.29 45 CFR Ch. VI (10–1–12 Edition)

HSM 41 Stone hut and grave at HSM 55 East Base, Antarctica, Paulet Island built in 1903 by members Stonington Island (Buildings and arti- of the Swedish South Polar Expedition. facts) erected by the Antarctic Service HSM 42 Area of Scotia bay, Laurie Expedition (1939–1941) and the Ronne Island, South Orkney containing stone Antarctic Research Expedition (1947– huts built in 1903 by the Scottish Ant- 1948). arctic Expedition, Argentine meteoro- HSM 56 Waterboat Point, Danco logical hut and magnetic observatory Coast, (remains of hut and environs). (Moneta house) and graveyard. HSM 57 Plaque at ‘‘Yankee Bay’’ HSM 43 Cross erected in 1955 and (Yankee Harbour), MacFarlane Strait, subsequently moved to Belgrano II Sta- Greenwich Island, South Shetland Is- tion, Nunatak Bertrab, Confin Coast, lands. Coats Land in 1979. HSM 59 Cairn on Half Moon Beach, HSM 44 Plaque erected at tem- Cape Shirreff, Livingston Island, South porary Indian Station ‘‘Dakshin Shetland Islands and a Plaque on Gangotri,’’ Princess Astrid Kyst, Dron- ‘Cerro Gaviota’ opposite San Telmo Is- ing Maud Land, listing the names of lets. the first Indian Antarctic Expedition. HSM 60 Wooden plaque and cairn HSM 45 Plaque on Brabant Island, placed in November 1903 at ‘‘Penguins on Metchnikoff Point, at a height of Bay,’’ Seymour Island (Marambio), 70m on the crest of the moraine sepa- James Ross Archipelago. rating this point from the glacier and HSM 61 ‘‘Base A’’ at Port Lockroy, bearing an inscription. Goudier Island, off Wiencke Island. HSM 46 All of the buildings and in- HSM 62 ‘‘Base F’’ (Wordie House), stallations of Port-Martin Base, Terre on Winter Island, Argentine Islands. Ad6lie, constructed in 1950 by the 3rd HSM 63 ‘‘Base Y’’ on Horseshoe Is- French expedition in Terre Ad6lie. land, Marguerite Bay, western Graham Land. HSM 47 Wooden building called HSM 64 ‘‘Base E’’ on Stonington Is- ‘‘Base Marret’’ on the Ile des Petrels, land, Marguerite Bay, western Graham Terre Ad6lie. Land. HSM 48 Iron Cross on the North- HSM 65 Message post erected in East headland of the Ile des Petrels, January 1895 on Svend Foyn Island, Terre Ad6lie. Possession Islands. HSM 49 Concrete pillar erected by HSM 66 Prestrud’s cairn, Scott the First Polish Antarctic Expedition Nunataks, Alexandra Mountains, Ed- at Dobrowski Station on Bunger Hill in ward VII Peninsula erected in Decem- January 1959, to measure acceleration ber 1911. due to gravity. HSM 67 Rock shelter known as HSM 50 Brass Plaque bearing the ‘‘Granite House,’’ erected in 1911 at Polish Eagle at Fildes Peninsula, King Cape Geology, Granite Harbour. George Island, South Shetland Islands. HSM 68 Site of depot at Hells Gate HSM 51 Grave of Wlodzimierz Moraine, Inexpressible Island, Terra Puchalski, surmounted by an iron Nova Bay. cross south of Arctowski station on HSM 69 Message post at Cape King George Island, South Shetland Is- Crozier, Ross Island, erected January lands. 1902 by Capt. Robert F. Scott’s Dis- HSM 52 Monolith commemorating covery Expedition. the establishment on 20 February 1985 HSM 70 Message post at Cape of the ‘‘Great Wall Station’’ on Fildes Wadworth, Coulman Island, erected Peninsula, King George Island, South January 1902 by Capt. Robert F. Scott. Shetland Islands. HSM 71 Whalers Bay, Deception Is- HSM 53 Bust of Captain Luis land, South Shetland Islands (includes Alberto Pardo, monolith and plaques whaling artifacts). on Point Wild, Elephant Island, South HSM 72 Mikkelsen Cairn, Tryne Is- Shetland Islands. lands, Vestfold Hills. HSM 54 Richard E. Byrd Historic HSM 73 Memorial Cross for the 1979 Monument, a bronze bust at McMurdo Mount Erebus crash victims, erected in Station. January 1987 at Lewis Bay, Ross Island.

200

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00210 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 National Science Foundation § 670.34

HSM 74 Unnamed cove on the south- that for which the native mammal, west coast of Elephant Island, South bird, or plant was taken, the Director Shetland Islands, including the fore- may permit importation upon a finding shore and intertidal area, in which the that importation would be consistent wreckage of a large wooden sailing ves- with the purposes of the Act, the regu- sel is located. lations in this part, or the permit HSM 75 ‘‘A Hut’’ of Scott base, under which they were taken. Pram Point, Ross Island. HSM 76 Ruins of base Pedro Aguirre § 670.32 Specific issuance criteria for Cerda, Pendulum Cove, Deception Is- exports. land, South Shetland Islands. The Director may permit export from HSM 77 Cape Denison, Common- the United States of any native mam- wealth Bay, George V Land, including mal, bird, or native plants taken with- Boat Harbour and the historic artifacts in Antarctica upon a finding that ex- contained within its waters. portation would be consistent with the HSM 78 Memorial Plaque at India purposes of the Act, the regulations in Point, Humboldt Mountains, Wohlthat this part, or the permit under which Massif, central Dronning Maud Land. they were taken. HSM 79 Lillie Marleen Hut, Mt. Dockery, Everett Range, Northern Vic- § 670.33 Content of permit applica- toria Land. tions. HSM 80 Amundsen’s Tent erected in In addition to the information re- December 1911 at the South Pole. quired in subpart C of this part, an ap- HSM 81 Rocher du Debarquement plicant seeking a permit to import into (Landing Rock). or export from the United States a na- HSM 82 Monument to the Antarctic tive mammal, a native bird, or native Treaty and Plaques, Fildes Peninsula, plants taken within Antarctica shall King George Island, South Shetland Is- include the following in the applica- lands. tion: HSM 83 Base ‘‘W’’ established in (a) Information demonstrating that 1956 at Detaille Island, Lallemande the import or export would further the Fjord, Loubert Coast. purposes for which the species was HSM 84 Hut erected in 1973 at taken; Damoy Point, Dorian Bay, Wiencke Is- (b) Information demonstrating that land, Palmer Archipelago. the import or export is consistent with HSM 85 Plaque Commemorating the the purposes of the Act or the regula- PM–3A Nuclear Power Plant at tions in this part; McMurdo Station. (c) A statement as to which U.S. port HSM 86 No.1 Building Commemo- will be used for the import or export, rating China’s Antarctic Expedition at and Great Wall/Station. (d) Information describing the in- [77 FR 5404, Feb. 3, 2012] tended ultimate disposition of the imported or exported item. § 670.30 [Reserved] § 670.34 Entry and exit ports. Subpart G—Import Into and Export (a) Any native mammal, native bird, From the United States or native plants taken within Antarc- tica that are imported into or exported § 670.31 Specific issuance criteria for from the United States must enter or imports. leave the United States at ports des- Subject to compliance with other ap- ignated by the Secretary of Interior in plicable law, any person who takes a 50 CFR part 14. The ports currently native mammal, bird, or plant under a designated are: permit issued under the regulations in (1) Los Angeles, California. this part may import it into the United (2) San Francisco, California. States unless the Director finds that (3) Miami, Florida. the importation would not further the (4) Honolulu, Hawaii. purpose for which it was taken. If the (5) Chicago, Illinois. importation is for a purpose other than (6) New Orleans, Louisiana.

201

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00211 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 § 670.35 45 CFR Ch. VI (10–1–12 Edition)

(7) New York, New York. § 670.39 [Reserved] (8) Seattle, Washington. (9) Dallas/Fort Worth, Texas. PART 671—WASTE REGULATION (10) Portland, Oregon. (11) Baltimore, Maryland. (12) Boston, Massachusetts. Subpart A—Introduction (13) Atlanta, Georgia. Sec. (b) Permits to import or export at 671.1 Purpose of regulations. non-designated ports may be sought 671.2 Scope. from the Secretary of Interior pursu- 671.3 Definitions. ant to subpart C, 50 CFR part 14. Subpart B—Prohibited Acts, Exceptions § 670.35 [Reserved] 671.4 Prohibited acts. Subpart H—Introduction of Non- 671.5 Exceptions. Indigenous Plants and Animals Subpart C—Permits § 670.36 Specific issuance criteria. 671.6 Applications for permits. For purposes consistent with the Act, 671.7 General issuance criteria. 671.8 Permit administration. only the following plants and animals 671.9 Conditions of permit. may be considered for a permit allow- 671.10 Review, modification, suspension, and ing their introduction into Antarctica: revocation. (a) Domestic plants; and (b) Laboratory animals and plants in- Subpart D—Waste Management cluding viruses, bacteria, yeasts, and fungi. 671.11 Waste storage. Living non-indigenous species of 671.12 Waste disposal. birds shall not be introduced into Ant- 671.13 Waste management for the USAP. arctica. Subpart E—Designation of Banned § 670.37 Content of permit applica- Substances; Reclassification of Pollutants tions. 671.14 Annual review. Applications for the introduction of 671.15 Publication of preliminary deter- plants and animals into Antarctica mination. must describe: 671.16 Designation and redesignation of pol- (a) The species, numbers, and if ap- lutants. propriate, the age and sex, of the ani- Subpart F—Cases of Emergency mals or plants to be introduced into Antarctica; 671.17 Cases of emergency. (b) The need for the plants or ani- AUTHORITY: 16 U.S.C. 2405. mals; (c) What precautions the applicant SOURCE: 58 FR 34719, June 29, 1993, unless will take to prevent escape or contact otherwise noted. with native fauna and flora; and (d) How the plants or animals will be Subpart A—Introduction removed from Antarctica or destroyed after they have served their purpose. § 671.1 Purpose of regulations. The purposes of these regulations in § 670.38 Conditions of permits. part 671 are to protect the Antarctic All permits allowing the introduction environment and dependent and associ- of non-indigenous plants and animals ated ecosystems, to preserve Antarc- will require that the animal or plant be tica’s value as an area for the conduct kept under controlled conditions to of scientific research, and to imple- prevent its escape or contact with na- ment the Antarctic Conservation Act tive fauna and flora and that after of 1978, Public Law 95–541, consistent serving its purpose the plant or animal with the provisions of the Protocol on shall be removed from Antarctica or be Environmental Protection to the Ant- destroyed in manner that protects the arctic Treaty, signed in Madrid, Spain, natural system of Antarctica. on October 4, 1991.

202

VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00212 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150