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§ 660.11 45 CFR Ch. VI (10–1–20 Edition)

(b) In any explanation under para- PART 670—CONSERVATION OF graph (a)(3) of this section, the Direc- ANIMALS AND PLANTS informs the single point of contact that: Subpart A—Introduction (1) The Foundation will not imple- ment its decision for at least ten days Sec. after the single point of contact re- 670.1 Purpose of regulations. 670.2 Scope. ceives the explanation; or 670.3 Definitions. (2) The Director has reviewed the de- cision and determined that, because of Subpart B—Prohibited Acts, Exceptions unusual circumstances, the waiting pe- riod of at least ten days is not feasible. 670.4 Prohibited acts. 670.5 Exception in extraordinary cir- (c) For purposes of computing the cumstances. waiting period under paragraph (b)(1) 670.6 Prior possession exception. of this section, a single point of con- 670.7 Food exception. tact is presumed to have received writ- 670.8 Foreign permit exception. ten notification 5 days after the date of 670.9 Antarctic Conservation Act enforce- mailing of such notification. ment exception. 670.10 [Reserved]

§ 660.11 What are the Director’s obliga- Subpart C—Permits tions in interstate situations? (a) The Director is responsible for: 670.11 Applications for permits. 670.12 General issuance criteria. (1) Identifying proposed Federal fi- 670.13 Permit administration. nancial assistance and direct Federal 670.14 Conditions of permits. development that have an impact on 670.15 Modification, suspension, and revoca- interstate areas; tion. (2) Notifying appropriate officials 670.16 [Reserved] and entities in states which have adopted a process and which select the Subpart D—Native Mammals, Birds, Plants, Foundation’s program or activity. and Invertebrates (3) Making efforts to identify and no- 670.17 Specific issuance criteria. tify the affected state, areawide, re- 670.18 Content of permit applications. gional, and local officials and entities 670.19 Designation of native mammals. in those states that have not adopted a 670.20 Designation of native birds. process under the Order or do not se- 670.21 Designation of native plants. 670.22 [Reserved] lect the Foundation’s program or ac- tivity; Subpart E—Specially Protected Species of (4) Responding pursuant to § 660.10 of Mammals, Birds, and Plants this part if the Director receives a rec- ommendation from a designated 670.23 Specific issuance criteria. areawide agency transmitted by a sin- 670.24 Content of permit applications. 670.25 Designation of specially protected gle point of contact, in cases in which species of native mammals, birds, and the review, coordination, and commu- plants. nication with the Foundation have 670.26 [Reserved] been delegated. (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 670.27 Specific issuance criteria. Foundation through a single point of 670.28 Content of permit applications. contact. 670.29 Designation of Antarctic specially protected areas, specially managed § 660.12 [Reserved] areas, and historic sites and monuments. 670.30 [Reserved] § 660.13 May the Director waive any provision of these regulations? Subpart G—Import Into and Export From In an emergency, the Director may the waive any provision of these regula- 670.31 Specific issuance criteria for imports. tions. 670.32 Specific issuance criteria for exports.

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670.33 Content of permit applications. standing environmental, scientific, his- 670.34 Entry and exit ports. toric, aesthetic, or wilderness values or 670.35 [Reserved] to protect ongoing or planned sci- Subpart H—Introduction of Non-Indigenous entific research, designated in subpart Plants and Animals F of this part. means the area of 60 670.36 Specific issuance criteria. degrees south latitude. 670.37 Content of permit applications. Director means the Director of the 670.38 Conditions of permits. 670.39 [Reserved] National Science Foundation, or an of- ficer or employee of the Foundation AUTHORITY: 16 U.S.C. 2405, as amended. designated by the Director. SOURCE: 63 FR 50164, Sept. 21, 1998, unless Harmful interference means— otherwise noted. (a) Flying or landing helicopters or other aircraft in a manner that dis- Subpart A—Introduction turbs concentrations of birds or seals; (b) Using vehicles or vessels, includ- § 670.1 Purpose of regulations. ing hovercraft and small boats, in a The purpose of the regulations in this manner that disturbs concentrations of part is to conserve and protect the na- birds or seals; tive mammals, birds, plants, and inver- (c) Using explosives or firearms in a tebrates of Antarctica and the eco- manner that disturbs concentrations of system upon which they depend and to birds or seals; implement the Antarctic Conservation (d) Willfully disturbing breeding or Act of 1978, Public Law 95–541, as molting birds or concentrations of amended by the Antarctic Science, birds or seals by persons on foot; Tourism, and Conservation Act of 1996, (e) Significantly damaging con- Public Law 104–227. centrations of native terrestrial plants § 670.2 Scope. by landing aircraft, driving vehicles, or walking on them, or by other means; The regulations in this part apply to: and (a) Taking mammals, birds, or plants (f) Any activity that results in the native to Antarctica. (b) Engaging in harmful interference significant adverse modification of of mammals, birds, invertebrates, or habitats of any species or population of plants native to Antarctica. native mammal, native bird, native (c) Entering or engaging in activities plant, or native invertebrate. within Antarctic Specially Protected Import means to land on, bring into, Areas. or introduce into, or attempt to land (d) Receiving, acquiring, trans- on, bring into or introduce into, any porting, offering for sale, selling, pur- place subject to the jurisdiction of the chasing, importing, exporting or hav- United States, including the 12-mile ing custody, control, or possession of territorial sea of the United States, any mammal, bird, or plant native to whether or not such act constitutes an Antarctica that was taken in violation importation within the meaning of the of the Act. customs laws of the United States. (e) Introducing into Antarctica any Management plan means a plan to member of a non-native species. manage the activities and protect the special value or values in an Antarctic § 670.3 Definitions. Specially Protected Area designated by In this part: the United States as such a site con- Act means the Antarctic Conserva- sistent with plans adopted by the Ant- tion Act of 1978, Public Law 95–541 (16 Treaty Consultative Parties. U.S.C. 2401 et seq.) as amended by the Native bird means any member, at Antarctic Science, Tourism, and Con- any stage of its life cycle, of any spe- servation Act of 1996, Public Law 104– cies of the class Aves which is indige- 227. nous to Antarctica or occurs there sea- Antarctic Specially Protected Area sonally through natural migrations, means an area designated by the Ant- that is designated in subpart D of this arctic Treaty Parties to protect out- part. It includes any part, product, egg,

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or offspring of or the dead body or Northern Mariana , and other parts thereof excluding . commonwealth, territory, or posses- Native invertebrate means any terres- sion of the United States. trial or freshwater invertebrate, at any stage of its life cycle, which is indige- Subpart B—Prohibited Acts, nous to Antarctica. It includes any part thereof, but excludes fossils. Exceptions Native mammal means any member, at § 670.4 Prohibited acts. any stage of its life cycle, of any spe- cies of the class Mammalia, which is Unless a permit has been issued pur- indigenous to Antarctica or occurs suant to subpart C of this part or un- there seasonally through natural mi- less one of the exceptions stated in grations, that is designated in subpart §§ 670.5 through 670.9 is applicable, it is D of this part. It includes any part, unlawful to commit, attempt to com- product, offspring of or the dead body mit, or cause to be committed any of or parts thereof but excludes fossils. the acts described in paragraphs (a) Native plant means any terrestrial or through (g) of this section. freshwater vegetation, including (a) Taking of native mammal, bird or bryophytes, , fungi, and , plants. It is unlawful for any person to at any stage of its life cycle which is take within Antarctica a native mam- indigenous to Antarctica that is des- mal, a native bird, or native plants. ignated in subpart D of this part. It in- (b) Engaging in harmful interference. It cludes seeds and other propagules, or is unlawful for any person to engage in parts of such vegetation, but excludes harmful interference in Antarctica of fossils. native mammals, native birds, native Person has the meaning given that plants or native invertebrates. term in section 1 of title 1, United (c) Entry into Antarctic specially des- States Code, and includes any person ignated areas. It is unlawful for any per- subject to the jurisdiction of the son to enter or engage in activities United States and any department, within any Antarctic Specially Pro- agency, or other instrumentality of the tected Area. Federal Government or of any State or (d) Possession, sale, export, and import local government. of native mammals, birds, and plants. It Protocol means the Protocol on Envi- is unlawful for any person to receive, ronmental Protection to the Antarctic acquire, transport, offer for sale, sell, Treaty, signed October 4, 1991, in Ma- purchase, export, import, or have cus- drid, and all annexes thereto, including tody, control, or possession of, any na- any future amendments to which the tive bird, native mammal, or native United States is a Party. plant which the person knows, or in the Specially Protected Species means any native species designated as a Spe- exercise of due care should have cially Protected Species that is des- known, was taken in violation of the ignated in subpart E of this part. Act. Take or taking means to kill, injure, (e) Introduction of non-indigenous ani- capture, handle, or molest a native mals and plants into Antarctica. It is un- mammal or bird, or to remove or dam- lawful for any person to introduce into age such quantities of native plants Antarctica any animal or plant which that their local distribution or abun- is not indigenous to Antarctica or dance would be significantly affected which does not occur there seasonally or to attempt to engage in such con- through natural migrations, as speci- duct. fied in subpart H of this part, except as Treaty means the Antarctic Treaty provided in §§ 670.7 and 670.8. signed in , DC on December (f) Violations of regulations. It is un- 1, 1959. lawful for any person to violate the United States means the several states regulations set forth in this part. of the Union, the District of Columbia, (g) Violation of permit conditions. It is the Commonwealth of Puerto Rico, unlawful for any person to violate any American Samoa, the Virgin Islands, term or condition of any permit issued Guam, the Commonwealth of the under subpart C of this part.

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§ 670.5 Exception in extraordinary cir- § 670.8 Foreign permit exception. cumstances. Paragraphs (d) and (e) of § 670.4 shall (a) Emergency exception. No act de- not apply to transporting, carrying, re- scribed in § 670.4 shall be unlawful if the ceiving, or possessing native mammals, person committing the act reasonably native plants, or native birds or to the believed that the act was committed introduction of non-indigenous animals under emergency circumstances in- and plants when conducted by an agen- volving the safety of human life or of cy of the United States Government on ships, aircraft, or equipment or facili- behalf of a foreign national operating ties of high value, or the protection of under a permit issued by a foreign gov- the environment. ernment to give effect to the Protocol. (b) Aiding or salvaging native mammals § 670.9 Antarctic Conservation Act en- or native birds. The prohibition on tak- forcement exception. ing shall not apply to any taking of na- Paragraphs (a) through (d) of § 670.4 tive mammals or native birds if such shall not apply to acts carried out by action is necessary to: an Antarctic Conservation Act En- (1) Aid a sick, injured or orphaned forcement Officer (designated pursuant specimen; to 45 CFR 672.3) if undertaken as part (2) Dispose of a dead specimen; or of the Antarctic Conservation Act En- (3) Salvage a dead specimen which forcement Officer’s official duties. may be useful for scientific study. (c) Reporting. Any actions taken § 670.10 [Reserved] under the exceptions in this section shall be reported promptly to the Di- Subpart C—Permits rector. § 670.11 Applications for permits. § 670.6 Prior possession exception. (a) General content of permit applica- tions. All applications for a permit (a) Exception. Section 670.4 shall not shall be dated and signed by the appli- apply to: cant and shall contain the following in- (1) any native mammal, bird, or plant formation: which is held in captivity on or before (1) The name and address of the ap- October 28, 1978; or plicant; (2) Any offspring of such mammal, (i) Where the applicant is an indi- bird, or plant. vidual, the business or institutional af- (b) Presumption. With respect to any filiation of the applicant must be in- prohibited act set forth in § 670.4 which cluded; or occurs after April 29, 1979, the Act cre- (ii) Where the applicant is a corpora- ates a rebuttable presumption that the tion, firm, partnership, or institution, native mammal, native bird, or native or agency, either private or public, the plant involved in such act was not held name and address of its president or in captivity on or before October 28, principal officer must be included. 1978, or was not an offspring referred to (2) Where the applicant seeks to en- in paragraph (a) of this section. gage in a taking, (i) The scientific names, numbers, § 670.7 Food exception. and description of native mammals, native birds or native plants to be Paragraph (e) of § 670.4 shall not taken; and apply to the introduction of animals (ii) Whether the native mammals, and plants into Antarctica for use as birds, or plants, or part of them are to food as long as animals and plants used be imported into the United States, for this purpose are kept under care- and if so, their ultimate disposition. fully controlled conditions. This excep- (3) Where the applicant seeks to en- tion shall not apply to living species of gage in a harmful interference, the sci- animals. Unconsumed poultry or its entific names, numbers, and descrip- parts shall be removed from Antarctica tion of native birds or native seals to unless incinerated, autoclaved or oth- be disturbed; the scientific names, erwise sterilized. numbers, and description of native

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plants to be damaged; or the scientific (f) Withdrawal. An applicant may names, numbers, and description of na- withdraw an application at any time. tive invertebrates, native mammals, (g) Publication of permit applications. native plants, or native birds whose The Director shall publish notice in the habitat will be adversely modified; FEDERAL REGISTER of each application (4) A complete description of the lo- for a permit. The notice shall invite cation, time period, and manner in the submission by interested parties, which the taking or harmful inter- within 30 days after the date of publi- ference would be conducted, including cation of the notice, of written data, the proposed access to the location; comments, or views with respect to the (5) Where the application is for the application. Information received by introduction of non-indigenous plants the Director as a part of any applica- or animals, the scientific name and the tion shall be available to the public as number to be introduced; a matter of public record. (6) Whether agents as referred to in § 670.13 will be used; and § 670.12 General issuance criteria. (7) The desired effective dates of the Upon receipt of a complete and prop- permit. erly executed application for a permit (b) Content of specific permit applica- and the expiration of the applicable tions. In addition to the general infor- public comment period, the Director mation required for permit applica- will decide whether to issue the permit. tions set forth in this subpart, the ap- In making the decision, the Director plicant must submit additional infor- will consider, in addition to the spe- mation relating to the specific action cific criteria set forth in the appro- for which the permit is being sought. priate subparts of this part: These additional requirements are set (a) Whether the authorization re- forth in the sections of this part deal- quested meets the objectives of the Act ing with the subject matter of the per- and the requirements of the regula- mit applications as follows: tions in this part; Native Mammals, Birds, Plants, and Inverte- (b) The judgment of persons having brates—Section 670.17 expertise in matters germane to the Specially Protected Species—Section 670.23 application; and Specially Protected Areas—Section 670.27 (c) Whether the applicant has failed Import and Export—Section 670.31 to disclose material information re- Introduction of Non-Indigenous Plants and quired or has made false statements Animals—Section 670.36 about any material fact in connection (c) Certification. Applications for per- with the application. mits shall include the following certifi- cation: § 670.13 Permit administration. (a) Issuance of the permits. The Direc- I certify that the information submitted in this application for a permit is complete and tor may approve any application in 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- permit request or part of a request and tional Science Foundation, Room 755, 4201 of the reason for such denial. If author- Wilson Boulevard, Arlington, Virginia ized in the notice of denial, the appli- 22230. cant 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 informa- (c) Amendment of applications or per- tion as determined to be relevant to mits. An applicant or permit holder de- the processing of the application. siring to have any term or condition of

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his application or permit modified (b) Display of permits. Any permit must submit full justification and sup- issued shall be displayed for inspection porting information in conformance upon request to the Director, des- with the provisions of this subpart and ignated agents of the Director, or any the subpart governing the activities person with enforcement responsibil- sought to be carried out under the ities. modified permit. Any application for (c) Filing of reports. Permit holders modification of a permit that involves are required to file reports of the ac- a material change beyond the terms tivities conducted under a permit. Re- originally requested will normally be ports shall be submitted to the Direc- subject to the same procedures as a tor not later than June 30 for the pre- new application. ceding 12 months. (d) Notice of issuance or denial. Within 10 days after the date of the issuance or § 670.15 Modification, suspension, and denial of a permit, the Director shall revocation. publish notice of the issuance or denial (a) The Director may modify, sus- in the FEDERAL REGISTER. pend, or revoke, in whole or in part, (e) Agents of the permit holder. The Di- any permit issued under this subpart: rector may authorize the permit holder (1) In order to make the permit con- to designate agents to act on behalf of sistent with any change to any regula- the permit holder. tion in this part made after the date of (f) Marine mammals, endangered spe- issuance of this permit; cies, and migratory birds. If the Director (2) If there is any change in condi- receives a permit application involving tions which make the permit incon- any native mammal which is a marine sistent with the purpose of the Act and mammal as defined by the Marine the regulations in this part; or Mammal Protection Act of 1972 (16 (3) In any case in which there has U.S.C. 1362(5)), any species which is an been any violation of any term or con- endangered or threatened species under dition of the permit, any regulation in the Endangered Species Act of 1973 (16 this part, or any provision of the Act. U.S.C. 1531 et seq.) or any native bird (b) Whenever the Director proposes which is protected under the Migratory any modifications, suspension, or rev- Bird Treaty Act (16 U.S.C. 701 et seq.), ocation of a permit under this section, the Director shall submit a copy of the the permittee shall be afforded oppor- application to the Secretary of Com- tunity, after due notice, for a hearing merce or to the Secretary of the Inte- by the Director with respect to such rior, as appropriate. If the appropriate proposed modification, suspension or Secretary determines that a permit revocation. If a hearing is requested, should not be issued pursuant to any of the action proposed by the Director the cited acts, the Director shall not shall not take effect before a decision 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 applica- tion. 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

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part, permits to engage in a taking or Pinnipeds: harmful interference: Crabeater seal—Lobodon carcinophagus. (a) May be issued only for the pur- Leopard seal—Hydrurga leptonyx. Ross seal—Ommatophoca rossi.1 pose of providing— Southern elephant seal—Mirounga leonina. (1) Specimens for scientific study or Southern fur seals—Arctocephalus spp.1 scientific information; or —Leptonychotes weddelli. (2) Specimens for museums, zoolog- Large Cetaceans (Whales): ical gardens, or other educational or Blue whale—Balaenoptera musculus. cultural institutions or uses; or Fin whale—Balaenoptera physalus. (3) For unavoidable consequences of Humpback whale—Megaptera novaeangliae. Minke whale—Balaenoptera acutrostrata. scientific activities or the construction Pygmy blue whale—Balaenoptera musculus and operation of scientific support fa- brevicauda cilities; and Sei whale—Balaenoptera borealis (b) Shall ensure, as far as possible, —Balaena glacialis that— australis (1) No more native mammals, birds, Sperm whale—Physeter macrocephalus Small Cetaceans (Dolphins and porpoises): or plants are taken than are necessary Arnoux’s beaked whale—Berardius arnuxii. to meet the purposes set forth in para- Commerson’s dolphin—Cephalorhynchus graph (a) of this section; commersonii (2) No more native mammals or na- Dusky dolphin—Lagenorhynchus obscurus tive birds are taken in any year than Hourglass dolphin—Lagenorhynchus can normally be replaced by net nat- cruciger ural reproduction in the following Killer whale—Orcinus orca Long-finned pilot whale—Globicephala breeding season; melaena (3) The variety of species and the bal- Southern bottlenose whale—Hyperoodon ance of the natural ecological systems planifrons. within Antarctica are maintained; and Southern right whale dolphin—Lissodelphis (4) The authorized taking, trans- peronii porting, carrying, or shipping of any Spectacled porpoise—Phocoena dioptrica native mammal or bird is carried out in a humane manner. § 670.20 Designation of native birds. The following are designated native § 670.18 Content of permit applica- birds: tions. Albatross In addition to the information re- quired in subpart C of this part, an ap- Black-browed—Diomedea melanophris. plicant seeking a permit to take a na- Gray-headed—Diomedea chrysostoma. Light-mantled sooty—Phoebetria tive mammal or native bird shall in- palpebrata. clude a complete description of the Wandering—Diomedea exulans. project including the purpose of the proposed taking, the use to be made of Fulmar the native mammals or native birds, Northern Giant—Macronectes halli. and the ultimate disposition of the na- Southern—Fulmarus glacialoides. tive mammals and birds. An applicant Southern Giant—Macronectes giganteus. seeking a permit to engage in a harm- Gull ful interference shall include a com- plete description of the project includ- Southern Black-backed—Larus ing the purpose of the activity which dominicanus. will result in the harmful interference. Jaeger Sufficient information must be pro- Parasitic—Stercorarius parasiticus. vided to establish that the taking, Pomarine—Stercorarius pomarinsus harmful interference, transporting, carrying, or shipping of a native mam- mal or bird shall be humane. Adelie—Pygoscelis adeliae. Chinstrap—Pygoscelis antarctica. § 670.19 Designation of native mam- mals. 1 These species of mammals have been des- The following are designated native ignated as specially protected species and mammals: are subject to subpart E of this part.

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Emperor—Aptenodytes forsteri. Lichens Gentoo—Pygoscelis papua. Marine algae King—Aptenodytes patagonicus. Vascular Plants Macaroni—Eudyptes chrysolophus. Rockhopper—Eudyptes crestatus. § 670.22 [Reserved] Petrel Subpart E—Specially Protected Antarctic—Thalassoica antarctica. Black-bellied Storm—Fregetta tropica. Species of Mammals, Birds, Blue—Halobaena caerulea. and Plants Gray—Procellaria cinerea. Great-winged—Pterodroma macroptera. § 670.23 Specific issuance criteria. Kerguelen—Pterodroma brevirostris. Permits authorizing the taking of Mottled—Pterodroma inexpectata. mammals, birds, or plants designated Snow—Pagodroma nivea. Soft-plumaged—Pterodroma mollis. as a Specially Protected Species of South-Georgia Diving—Pelecanoides mammals, birds, and plants in § 670.25 georgicus. may only be issued if: White-bellied Storm—Fregetta grallaria. (a) There is a compelling scientific White-chinned—Procellaria aequinoctialis. purpose for such taking; White-headed—Pterodroma lessoni. (b) The actions allowed under any Wilson’s Storm—Oceanites oceanicus. such permit will not jeopardize the ex- Pigeon isting natural ecological system, or the survival of the affected species or popu- —Daption capense. lation; Pintail (c) The taking involves non-lethal techniques, where appropriate; and South American Yellow-billed—Anas georgica spinicauda. (d) The authorized taking, trans- porting, carrying or shipping will be Prion carried out in a humane manner. Antarctic—Pachyptila desolata. Narrow-billed—Pachyptila belcheri. § 670.24 Content of permit applica- tions. Shag In addition to the information re- Blue-eyed—Phalacrocorax atriceps. quired in subpart C of this part, an ap- plicant seeking a permit to take a Spe- Shearwater cially Protected Species shall include Sooty—Puffinus griseus. the following in the application: (a) A detailed scientific justification Skua of the need for taking the Specially Brown—Catharacta lonnbergi Protected Species, including a discus- South Polar—Catharacta maccormicki. sion of possible alternative species; Swallow (b) Information demonstrating that the proposed action will not jeopardize Barn—Hirundo rustica. the existing natural ecological system Sheathbill or the survival of the affected species or population; and American—Chionis alba. (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 manner. [66 FR 46739, Sept. 7, 2001] § 670.25 Designation of specially pro- § 670.21 Designation of native plants. tected 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 des- ignated native plants, including: ignated as Specially Protected Species Bryophytes by the Antarctic Treaty Parties and is Freshwater algae hereby designated Specially Protected Fungi Species:

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Common Name and Scientific Name ASPA. Detailed maps and descriptions Ross Seal—Ommatophoca rossii of the sites and complete management plans can be obtained from the Na- [73 FR 14939, Mar. 20, 2008] tional Science Foundation, Office of § 670.26 [Reserved] Polar Programs, National Science Foundation, Room 755, 4201 Wilson Subpart F—Antarctic Specially Boulevard, Arlington, Virginia 22230. Protected Areas ASPA 101 , Mac. Robertson Land § 670.27 Specific issuance criteria. ASPA 102 , Holme Bay, Mac. Robertson Land Permits authorizing entry into any ASPA 103 Ardery and , Antarctic Specially Protected Area Budd Coast, designated in § 670.29 may only be ASPA 104 Sabrina Island, Northern Ross issued if: Sea, Antarctica (a) The entry and activities to be en- ASPA 105 , McMurdo Sound, gaged in are consistent with an ap- ASPA 106 , Northern Victoria proved management plan, or Land, Ross Sea (b) A management plan relating to ASPA 107 , , the area has not been approved by the , Antarctic Treaty Parties, but ASPA 108 Green Island, Berthelot Islands, (1) There is a compelling scientific Antarctic Peninsula purpose for such entry which cannot be ASPA 109 , served elsewhere, and ASPA 110 , South Orkney Is- (2) The actions allowed under the per- lands ASPA 111 Southern Powell Island and adja- mit will not jeopardize the natural eco- cent islands, South Orkney Islands logical system existing in such area. ASPA 112 , Robert Is- land, § 670.28 Content of permit application. ASPA 113 , Arthur Har- In addition to the information re- bour, , quired in subpart C of this part, an ap- ASPA 115 , Marguerite plicant seeking a permit to enter an Bay, ASPA 116 , Caughley Antarctic Specially Protected Area Beach, , shall include the following in the appli- ASPA 117 , Marguerite Bay, cation: Antarctic Peninsula (a) A detailed justification of the ASPA 119 and , need for such entry, including a discus- , sion of alternatives; ASPA 120 Pointe-Geologie Archipelego, (b) Information demonstrating that Terre Adelie ASPA 121 , Ross Island the proposed action will not jeopardize ASPA 122 , Hut Point Pe- the unique natural ecological system ninsula, Ross Island in that area; and ASPA 123 Barwick and Balham Valleys, (c) Where a management plan exists, Southern information demonstrating the consist- ASPA 124 , Ross Island ency of the proposed actions with the ASPA 125 , King George Is- management plan. land (25 de Mayo) ASPA 126 , Livingston Is- § 670.29 Designation of Antarctic spe- land, South Shetland Islands cially protected areas, specially ASPA 127 managed areas, and historic sites ASPA 128 Western shore of Admiralty Bay, and monuments. King George Island, South Shetland Is- lands (a) The following areas have been ASPA 129 Rdthera Point, designated by the Antarctic Treaty ASPA 131 Canada , , Parties for special protection and are , Victoria Land hereby designated as Antarctic spe- ASPA 132 , King George Is- cially protected areas (ASPA). The land (Isla 25 de Mayo) (South Shetland Is- lands) Antarctic Conservation Act of 1978, as ASPA 133 , Nelson Island, amended, prohibits, unless authorized South Shetland Islands by a permit, any person from entering ASPA 134 Cierva Point and offshore islands, or engaging in activities within an Danco Coast, Antarctic Peninsula

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ASPA 135 North-eastern , ASPA 170 Marion Nunataks, Charcot Is- Budd Coast, Wilkes Land land, Antarctic Peninsula ASPA 136 , Budd Coast, ASPA 171 Narebski Point, Barton Penin- Wilkes Land sula, King George Island ASPA 137 North-west White Island, ASPA 172 Lower and Blood McMurdo Sound Falls, Taylor Vallye, McMurdo Dry Val- ASPA 138 , , leys, Victoria Land Victoria Land ASPA 173 and Silverfish ASPA 139 , Anvers Island, Bay, Bay, Ross Sea Palmer Archipelago ASPA 174 Stornes, , Prin- ASPA 140 Parts of , South cess Elizabeth Land Shetland Islands ASPA 175 High Altitude Geothermal sites ASPA 141 , Langhovde, of the Ross Sea Region Lutzow-Holm Bay (b) The following areas have been ASPA 142 Svarthamaren designated by the Antarctic Treaty ASPA 143 Marine Plain, , Parties for special management and , have been designated as Antarctic spe- ASPA 144 Bay (Discovery Bay), cially managed areas (ASMA). Detailed , South Shetland Islands ASPA 145 , Deception Island, maps and descriptions of the sites and South Shetland Islands complete management plans can be ob- ASPA 146 South Bay, , Palm- tained from the National Science er Archipelago Foundation, Office of Polar Programs, ASPA 147 and Ganymede Room 755, 4201 Wilson Boulevard, Ar- Heights, lington, Virginia 22230. ASPA 148 , , Ant- ASMA 1 Admiralty Bay, King George Island arctic Peninsula ASMA 2 McMurdo Dry Valleys, Southern ASPA 149 and Is- Victoria Land land, , South Shetland Is- ASMA 4 Deception Island lands ASMA 5 Amundsen-Scott Sta- ASPA 150 , , King tion, South Pole George Island (25 de Mayo) ASMA 6 Larsemann Hills, ASPA 151 , King George Island, ASMA 7 Southwest Anvers Island and South Shetland Islands Palmer Basin ASPA 152 Western ASPA 153 Eastern Dallmann Bay (c) The following areas have been ASPA 154 Botany Bay, Cape , Vic- designated by the Antarctic Treaty toria Land Parties as historic sites or monuments ASPA 155 , Ross Island (HSM). The Antarctic Conservation ASPA 156 , , Ross Act of 1978, as amended, prohibits any Island damage, removal or destruction of a ASPA 157 , Cape Royds, Ross historic site or monument listed pursu- Island ant to Annex V to the Protocol. De- ASPA 158 Hut Point, Ross Island scriptions of the sites or monuments ASPA 159 , can be obtained from the National ASPA 160 , , Wilkes Land, East Antarctica Science Foundation, Office of Polar ASPA 161 , Ross Sea Programs, Room 755, 4201 Wilson Bou- ASPA 162 Mawson’s Huts, , levard, Arlington, Virginia 22230. , , East HSM 1 Flag mast erected in December Antarctica 1965 at South Geographical Pole by the First ASPA 163 Glacier, Argentine Overland Polar Expedition. Dronning Maud Land HSM 2 Rock cairn and plaques erected in ASPA 164 Scullin and Murray Monoliths, 1961 at Syowa Station in memory of Mac. Robertson Land Shun Fukushima. ASPA 165 , Wood Bay, Ross HSM 3 Rock cairn and plaque erected in Sea January 1930 by Sir on ASPA 166 Port-Martin, Terre Adelie , . ASPA 167 , Vestfold Hills, In- HSM 4 Station building to which a bust of grid Christensen Coast, Princess Elizabeth V.I. Lenin is fixed together with a plaque in Land, East Antarctica memory of the conquest of the Pole of Inac- ASPA 168 , Grove Moun- cessibility, by Soviet Antarctic Explorers in tains, East Antarctica 1958. ASPA 169 , Ingrid Christensen HSM 5 Rock cairn and plaque at Cape Coast, Princess Elizabeth Land, East Ant- Bruce, Mac. Robertson Land, erected in Feb- arctica ruary 1931 by Sir Douglas Mawson.

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HSM 6 Rock cairn and canister at in 1909 by the second Walkabout Rocks, Vestfold Hills, Princess French expedition. Elizabeth Land, erected in 1939 by Sir Hubert HSM 28 Rock Cairn at , Wilkins. Booth Island, with wooden pillar and plaque. HSM 7 Stone with inscribed plaque, erect- HSM 29 Lighthouse named ‘‘Primero de ed at Mirny Observatory, , in Mayo’’ erected on Lambda Island, Melchior memory of driver-mechanic Ivan Kharma. Islands, by in 1942. HSM 8 Metal Monument sledge and HSM 30 Shelter at Paradise Harbour plaque at Mirny Observatory, Mabus Point, erected in 1950. in memory of driver-mechanic Anatoly HSM 32 Concrete Monolith erected in 1947 Shcheglov. near Capitan Arturo Prat Base on Greenwich HSM 9 Cemetery on , Island, South Shetland Islands. near Mirny Observatory. HSM 33 Shelter and cross with plaque HSM 10 Building (Magnetic Observatory) near Capitan Arturo Prat Base Greenwich Is- at Dobrowolsky Station, Hunger Hills, with land, South Shetland Islands. plaque in memory of the opening of Oasis HSM 34 Bust at Capitan Arturo Prat base Station in 1956. Greenwich Island, South Shetland Islands, of HSM 11 Heavy at Vostock Sta- Chilean naval hero Arturo Prat. tion with plaque in memory of the opening of HSM 35 Wooden cross and statue of the the Station in 1957. Virgin of Carmen erected in 1947 near Capi- HSM 14 Site of ice cave at Inexpressible tan Arturo Prat base Greenwich Island, Island, Terra Nova Bay, constructed in South Shetland Islands. March 1912 by Victor Campbell’s Northern HSM 36 Replica of a metal plaque erected Party. by Eduard Dallman at , King HSM 15 Hut at Cape Royds, Ross Island, George Island, South Shetland Islands. built in February 1908 by the British Ant- HSM 37 Statue erected in 1948 at General arctic Expedition. Hernando O’Higgins Base (Chile) Trinity Pe- HSM 16 Hut at Cape Evans, Ross Island, ninsula. built in by the British Ant- HSM 38 Wooden hut on arctic Expedition. built in by the Swedish South HSM 17 Cross on Wind Vane Hill, Cape Polar Expedition. Evans, Ross Island, erected by the Ross Sea HSM 39 Stone hut at Hope Bay, Trinity Party in memory of three members of the Peninsula built in by the Swed- party who died in the vicinity in 1916. ish South Polar Expedition. HSM 18 Hut at Hut Point, Ross Island, HSM 40 Bust of General San Martin, grot- built in February 1902 by the British Ant- to with statue of the Virgin Lujan, a flag arctic Expedition. mast and graveyard at Base Esperanza, Hope HSM 19 Cross at Hut Point, Ross Island, Bay , erected by Argentina erected in February 1904 by the British Ant- in 1955. arctic Expedition in memory of George HSM 41 Stone hut and grave at Paulet Is- Vince. land built in 1903 by members of the Swedish HSM 20 Cross on Observation Hill, Ross South Polar Expedition. Island, erected in January 1913 in by the HSM 42 Area of , Laurie Island, British Antarctic Expedition in memory of South Orkney containing stone huts built in Captain Robert F Scott’s party which per- 1903 by the Scottish Antarctic Expedition, ished on the return journey from the South Argentine meteorological hut and magnetic Pole. observatory (Moneta house) and graveyard. HSM 21 Remains of stone hut at Cape HSM 43 Cross erected in 1955 and subse- Crozier, Ross Island, constructed in July 1911 quently moved to Belgrano II Station, by the British Antarctic Expedition. Nunatak Bertrab, Confin Coast, HSM 22 Three huts and associated relics in 1979. at Cape Adare Two built in February 1899 the HSM 44 Plaque erected at temporary In- third was built in February 2011 all by the dian Station ‘‘Dakshin Gangotri,’’ Princess British Antarctic Expedition. Astrid Kyst, Droning Maud Land, listing the HSM 23 Grave at Cape Adare of Nor- names of the first Indian Antarctic Expedi- wegian biologist . tion. HSM 24 Rock cairn, known as HSM 45 Plaque on , on ‘‘Amundsen’s cairn,’’ at Mount Betty, Queen , at a height of 70m on the Maud Range erected by in crest of the separating this point January 1912. from the glacier and bearing an inscription. HSM 26 Abandoned installations of Ar- HSM 46 All of the buildings and installa- gentine Station ‘‘General San Martin’’ on tions of Port-Martin Base, Terre Adelie, con- Barry Island, Debenham Islands, Marguerite structed in 1950 by the 3rd French expedition Bay, Antarctic Peninsula. in Terre Adelie. HSM 27 Cairn with a replica of a lead HSM 47 Wooden building called ‘‘Base plaque erected at Megalestris Hill, Marret’’ on the Ile des Petrels, Terre Adelie.

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HSM 48 Iron Cross on the North-East HSM 71 Whalers Bay, Deception Island, headland of the Ile des Petrels, Terre Adelie. South Shetland Islands (includes ar- HSM 49 Concrete pillar erected by the tifacts). First Polish Antarctic Expedition at HSM 72 Mikkelsen Cairn, , Dobrowski Station on Bunger Hill in Janu- Vestfold Hills. ary 1959, to measure acceleration due to HSM 73 Memorial Cross for the 1979 gravity. Mount Erebus crash victims, erected in Jan- HSM 50 Brass Plaque bearing the Polish uary 1987 at Lewis Bay, Ross Island. Eagle at Fildes Peninsula, King George Is- HSM 74 Unnamed cove on the south-west land, South Shetland Islands. coast of , South Shetland Is- HSM 51 Grave of Wlodzimierz Puchalski, lands, including the foreshore and intertidal surmounted by an iron cross south of area, in which the wreckage of a large wood- Arctowski station on King George Island, en sailing vessel is located. South Shetland Islands. HSM 75 ‘‘A Hut’’ of , Pram HSM 52 Monolith commemorating the es- Point, Ross Island. tablishment on 20 February 1965 of the ‘‘Great Wall Station’’ on Fildes Peninsula, HSM 76 Ruins of base Pedro Aguirre King George Island, South Shetland Islands. Cerda, , Deception Island, HSM 53 Bust of Captain Luis Alberto South Shetland Islands. Pardo, monolith and plaques on , HSM 77 Cape Denison, Commonwealth Elephant Island, South Shetland Islands. Bay, George V Land, including Boat Harbour HSM 54 Richard E. Byrd Historic Monu- and the historic artifacts contained within ment, a bronze bust at McMurdo Station. its waters. HSM 55 , Antarctica, HSM 78 Memorial Plaque at India Point, (Buildings and artifacts) Humboldt Mountains, Wohlthat Massif, cen- erected by the Antarctic Service Expedition tral Dronning Maud Land. (1939–1941) and the Ronne Antarctic Research HSM 79 Lillie Marleen Hut, Mt. Dockery, Expedition (1947–1948). , Northern Victoria Land. HSM 56 , Danco Coast, HSM 80 Amundsen’s Tent erected in De- (remains of hut and environs). cember 1911 at the South Pole. HSM 57 Plaque at ‘‘Yankee Bay’’ (Yankee HSM 81 Rocher du Debarguement (Land- Harbour), MacFarlane Strait, Greenwich Is- ing Rock). land, South Shetland Islands. HSM 82 Monument to the Antarctic Trea- HSM 59 Cairn on , Cape ty and Plaques, Fildes Peninsula, King Shirreff, Livingston Island, South Shetland George Island, South Shetland Islands. Islands and a Plaque on ‘Cerro Gaviota’ op- HSM 83 Base ‘‘W’’ established in 1956 at posite San Telmo Islets. , Lallemande Fjord, Loubert HSM 60 Wooden plaque and cairn placed Coast . in November 1903 at ‘‘ Bay,’’ Sey- HSM 84 Hut at erected in 1973 at Damoy mour Island (Marambio), James Ross Archi- Point, , , Palmer pelago. Archipelago. HSM 61 ‘‘Base A’’ at , Goudier Island, off Wiencke Island. HSM 85 Plaque Commemorating the PM– HSM 62 ‘‘Base F’’ (Wordie House)’ on Win- 3A Nuclear Power Plant at McMurdo Sta- ter Island, Argentine Islands. tion. HSM 63 ‘‘Base Y’’ on Horseshoe Island, HSM 86 No.1 Building Commemorating Marguerite Bay, western Graham Land. China’s Antarctic Expedition at Great Wall HSM 64 ‘‘Base E’’ on Stonington Island, Station. Marguerite Bay, western Graham Land. HSM 87 Location of the first permanently HSM 65 Message post erected in January occupied German Antarctic research station 1895 on Svend Foyn Island, Possession Is- ‘‘Georg Forster’’ at the , lands. Dronning Maud Land. HSM 66 Prestrud’s cairn, Scott Nunataks, HSM 88 Professor Kudryashov’s Drilling Alexandra Mountains, Edward VII Peninsula Complex Building, . erected in December 1911. HSM 89 1910–12, HSM 67 Rock shelter known as ‘‘Granite Upper ‘‘Summit Camp’’, Mount Erebus. House,’’ erected in 1911 at , HSM 90 Terra Nova Expedition 1910–12, Granite Harbour. Lower ‘‘Camp E’’ Site, Mount Erebus. HSM 68 Site of depot at Hells Gate Mo- HSM 91 Lame Dog Hut at the Bulgarian raine, , Terra Nova Bay. base St. Kliment Ohridski, Livingston Is- HSM 69 Message post at Cape Crozier, land. Ross Island, erected by Capt. HSM 92 Oversnow heavy tractor Robert F. Scott’s . ‘‘Kharkovchanka’’ that was used in Antarc- HSM 70 Message post at Cape Wadworth, tica from 1959 to 2010. Coulman Island, erected January 1902 by Capt. Robert F. Scott. [84 FR 16792, Apr. 23, 2019]

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§ 670.30 [Reserved] § 670.34 Entry and exit ports. (a) Any native mammal, native bird, Subpart G—Import Into and Export or native plants taken within Antarc- From the United States tica that are imported into or exported from the United States must enter or § 670.31 Specific issuance criteria for leave the United States at ports des- imports. ignated by the Secretary of Interior in Subject to compliance with other ap- 50 CFR part 14. The ports currently plicable law, any person who takes a designated are: native mammal, bird, or plant under a (1) Los Angeles, California. permit issued under the regulations in (2) San Francisco, California. this part may import it into the United (3) Miami, Florida. States unless the Director finds that (4) Honolulu, Hawaii. the importation would not further the (5) Chicago, Illinois. purpose for which it was taken. If the (6) New Orleans, Louisiana. importation is for a purpose other than (7) New York, New York. that for which the native mammal, (8) Seattle, Washington. bird, or plant was taken, the Director (9) Dallas/Fort Worth, Texas. may permit importation upon a finding (10) Portland, Oregon. that importation would be consistent (11) Baltimore, Maryland. with the purposes of the Act, the regu- (12) Boston, Massachusetts. lations in this part, or the permit (13) Atlanta, Georgia. under which they were taken. (b) Permits to import or export at non-designated ports may be sought § 670.32 Specific issuance criteria for from the Secretary of Interior pursu- exports. ant to subpart C, 50 CFR part 14. The Director may permit export from the United States of any native mam- § 670.35 [Reserved] mal, bird, or native plants taken with- in Antarctica upon a finding that ex- Subpart H—Introduction of Non- portation would be consistent with the Indigenous Plants and Animals purposes of the Act, the regulations in this part, or the permit under which § 670.36 Specific issuance criteria. they were taken. For purposes consistent with the Act, only the following plants and animals § 670.33 Content of permit applica- may be considered for a permit allow- tions. ing their introduction into Antarctica: In addition to the information re- (a) Domestic plants; and quired in subpart C of this part, an ap- (b) Laboratory animals and plants in- plicant seeking a permit to import into cluding viruses, bacteria, yeasts, and or export from the United States a na- fungi. tive mammal, a native bird, or native Living non-indigenous species of plants taken within Antarctica shall birds shall not be introduced into Ant- include the following in the applica- arctica. tion: (a) Information demonstrating that § 670.37 Content of permit applica- the import or export would further the tions. purposes for which the species was Applications for the introduction of taken; plants and animals into Antarctica (b) Information demonstrating that must describe: the import or export is consistent with (a) The species, numbers, and if ap- the purposes of the Act or the regula- propriate, the age and sex, of the ani- tions in this part; mals or plants to be introduced into (c) A statement as to which U.S. port Antarctica; will be used for the import or export, (b) The need for the plants or ani- and mals; (d) Information describing the in- (c) What precautions the applicant tended ultimate disposition of the im- will take to prevent escape or contact ported or exported item. with native fauna and flora; and

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(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. § 670.38 Conditions of permits. The purposes of these regulations in 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, , natural system of Antarctica. on October 4, 1991.

§ 670.39 [Reserved] § 671.2 Scope. These regulations in part 671 apply to PART 671—WASTE REGULATION any U.S. citizen’s use or release of a banned substance, designated pollutant Subpart A—Introduction or waste in Antarctica. Sec. [58 FR 34719, June 29, 1993, as amended at 59 671.1 Purpose of regulations. FR 37438, July 22, 1994] 671.2 Scope. 671.3 Definitions. § 671.3 Definitions. Subpart B—Prohibited Acts, Exceptions (a) Definitions. In this part: Act means the Antarctic Conserva- 671.4 Prohibited acts. tion Act of 1978, Public Law 95–541, 92 671.5 Exceptions. Stat. 2048 (16 U.S.C. 2401 et seq.) Antarctic hazardous waste means any Subpart C—Permits waste consisting of or containing one 671.6 Applications for permits. or more designated pollutants. 671.7 General issuance criteria. Antarctica means the area south of 60 671.8 Permit administration. degrees south latitude. 671.9 Conditions of permit. Banned substance means any poly- 671.10 Review, modification, suspension, and chlorinated biphenyls (PCBs), non-ster- revocation. ile soil, polystyrene beads, plastic Subpart D—Waste Management chips or similar loose polystyrene packing material, pesticides (other 671.11 Waste storage. than those required for scientific, med- 671.12 Waste disposal. ical or hygiene purposes) or other sub- 671.13 Waste management for the USAP. stance designated as such under sub- part E of this part. Subpart E—Designation of Banned Designated pollutant means any sub- Substances; Reclassification of Pollutants stance designated as such by the Direc- 671.14 Annual review. tor pursuant to subpart E of this part; 671.15 Publication of preliminary deter- any pesticide, radioactive substance, or mination. substance consisting of or containing 671.16 Designation and redesignation of pol- any chemical listed by source, generic lutants. or chemical name at 40 CFR 61.01, Table 116.4A of 40 CFR 116.4; subpart D Subpart F—Cases of Emergency of 40 CFR part 261, 40 CFR 302.4, part 671.17 Cases of emergency. 355, and part 372; and any substance which exhibits a hazardous waste char- AUTHORITY: 16 U.S.C. 2405. acteristic as defined in subparts B and SOURCE: 58 FR 34719, June 29, 1993, unless C of 40 CFR part 261; but shall not in- otherwise noted. clude any banned substance.

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