Federal Register / Vol. 63, No. 105 / Tuesday, June 2, 1998 / Proposed Rules 29963

Regulations to provide commenters adequate time to Background In consideration of the foregoing, the review the NPRM and extensive The Antarctic Treaty of 1959 Coast Guard proposes to amend part 117 supporting materials. establishes a framework for promoting of Title 33, Code of Federal Regulations, DATES: The EPA will accept comments international cooperation in scientific as follows: on the NPRM until July 20, 1998. research in Antarctica and ensuring that ADDRESSES: Comments should be Antarctica will be used only for PART 117ÐDRAWBRIDGE submitted (in duplicate) to: Air and peaceful purposes. The Antarctic OPERATION REGULATIONS Radiation Docket and Information environment has been an important 1. The authority citation for part 117 Center (6102), Attention: Docket No. A– concern to the Treaty Parties and over continues to read as follows: 96–22, U.S. Environmental Protection the years the Parties have adopted a Agency, 401 M Street, SW, Washington, series of measures to protect Antarctic Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 DC 20460. The EPA requests that a living resources. CFR 1.05–1(g); Section 117.255 also issued separate copy also be sent to the contact At the Third Consultative Meeting in under the authority of Pub. L. 102–587, 106 1964, the Antarctic Treaty Parties Stat. 5039. person listed below (Mr. Eugene Crumpler). The docket may be inspected adopted the Agreed Measures for the 2. Section 117.997(h) is revised to at the above address between 8:00 a.m. Conservation of Antarctic Fauna and read as follows: and 5:30 p.m. on weekdays. A Flora. The measures recommended establishment of a permit system for § 117.997 Atlantic Intracoastal Waterway, reasonable fee may be charged for South Branch of the Elizabeth River to the copying. various activities in Antarctica and Albemarle and Chesapeake Canal. FOR FURTHER INFORMATION CONTACT: For designation of certain Antarctic mammals and geographic areas as * * * * * information concerning the NPRM, requiring special protection. These (h) The draw of the Centerville contact Mr. Eugene Crumpler, Metals measures were implemented in the Turnpike (SR 170) bridge across the Group, Emission Standards Division United States through the Antarctic Albemarle and Chesapeake Canal, mile (MD–13), U.S. Environmental Protection Conservation Act of 1978 (ACA) (16 15.2, at Chesapeake, shall open on Agency, Research Triangle Park, NC U.S.C. 2401 et seq.). Under the Antarctic signal every hour on the half hour 27711, telephone number (919) 541– Conservation Act and through its except that, from April 1 to November 0881; electronic mail address implementing regulations, NSF 30, Monday through Friday, including [email protected]. established a regulatory framework to Federal holidays, from 7 a.m. to 9 a.m. Dated: May 28, 1998. conserve and protect the native and 4 p.m. to 6 p.m., the draw need not Richard D. Wilson, mammals, birds, and plants of open for the passage of vessels. Acting Assistant Administrator. Antarctica. A permit system allows Dated: May 18, 1998. [FR Doc. 98–14584 Filed 6–1–98; 8:45 am] certain activities, otherwise prohibited, J. Carmichael, BILLING CODE 6560±50±P when performed within prescribed Acting Captain, U.S. Coast Guard restrictions for scientific and other valid Commander, Fifth Coast Guard District. purposes. Activities requiring a permit [FR Doc. 98–14452 Filed 6–1–98; 8:45 am] NATIONAL SCIENCE FOUNDATION include entry into specially protected BILLING CODE 4910±15±M areas, taking of fauna and flora, import 45 CFR Part 670 into and export from the United States of fauna and flora, and introduction of RIN 3145±AA34 ENVIRONMENTAL PROTECTION non-indigenous species. AGENCY Recognizing the value of establishing Conservation of Antarctic Animals and a comprehensive regime for protecting Plants 40 CFR Part 63 the Antarctic environment and its AGENCY associated ecosystems, the Antarctic [FRL±6105±3] : National Science Foundation (NSF). Treaty Parties adopted in 1991 the Protocol on Environmental Protection to National Emission Standards for ACTION: Proposed rule. Hazardous Air Pollutants for Source the Antarctic Treaty and five annexes Categories: National Emission SUMMARY: NSF proposes to revise its (Protocol). The Protocol consolidates, Standards for Primary Copper existing regulations for the conservation updates, and strengthens the Smelters: Proposed RuleÐExtension and protection of Antarctic animals and environmental provisions previously of Public Comment Period plants. These revisions implement adopted by the parties. Annex II of the amendments to the Antarctic Protocol contains provisions of AGENCY: Environmental Protection Conservation Act of 1978 contained in conservation of Antarctic plants and Agency (EPA). the Antarctic Science Tourism and animals. Annex V contains provisions ACTION: Proposed rule; extension of Conservation Act of 1996. for the protection of specially public comment period. DATES: Comments must be received by designated areas. Annex II and Annex V August 3, 1998. incorporate and expand the Agreed SUMMARY: The EPA is extending the Measures of 1964. public comment period on the Notice of ADDRESSES: Comments should be sent to On October 2, 1996, the President Proposed Rulemaking (NPRM) for Anita Eisenstadt, Assistant General implemented the Protocol by signing hazardous air pollutants emissions from Counsel, National Science Foundation, into law the Antarctic Science, Tourism, primary copper smelters, which was 4201 Wilson Boulevard, Room 1265, and Conservation Act of 1996 (ASTCA) published in the Federal Register on Arlington, Virginia 22230. (Pub. L. 104–227). Section 6 of the ACA, April 20, 1998 (63 FR 19582). The FOR FURTHER INFORMATION CONTACT: (16 U.S.C. 2405), as amended by the purpose of this document is to extend Anita Eisenstadt, Office of the General ASTCA, directs the Director of the the end of the comment period from Counsel, at 703–306–1060. National Science Foundation to issue June 19, 1998 to July 20, 1998, in order SUPPLEMENTARY INFORMATION: such regulations as are necessary and 29964 Federal Register / Vol. 63, No. 105 / Tuesday, June 2, 1998 / Proposed Rules appropriate to implement Annexes II Subpart D designates mammals, birds PART 670ÐCONSERVATION OF and V to the Protocol. NSF is therefore and plants native to Antarctica. More ANTARCTIC ANIMALS AND PLANTS revising its existing ACA regulations restrictive permit requirements for protecting animals and plants in order mammals, birds, and plants designated Subpart AÐIntroduction to implement Annexes II and V of the as Specially Protected Species are set Sec. Protocol, as required by the ASTCA forth in Subpart E. Areas of outstanding 670.1 Purpose of regulations. amendments to the ACA. scientific and ecological value are 670.2 Scope. Revisions to the Existing ACA designated in Subpart F. Entry into 670.3 Definitions. Regulations these areas is prohibited without a Subpart BÐProhibited Acts, Exceptions These amendments revise NSF’s permit. Conditions under which 670.4 Prohibited acts. existing regulations for the conservation Antarctic birds, mammals, and certain 670.5 Exceptions in extraordinary of Antarctic animals and plants to meet Antarctic plants may be imported into circumstances. the technical requirements of the or exported from the United States are 670.6 Prior possession exception. Protocol. The revisions do not set forth in Subpart G. Subpart H sets 670.7 Food exception. materially alter the permit system that forth conditions where the introduction 670.8 Foreign permit exception. has been in place since 1979 to into Antarctica of non-indigenous plants 670.9 Antarctic Conservation Act implement the Agreed Measures. and animals can be permitted. enforcement exception. Permits will continue to be required for 670.10 [Reserved] Determinations entry into specially protected areas, Subpart CÐPermits taking of birds and mammals, export NSF has determined, under the 670.11 Applications for permits. into and import from the United States criteria set forth in Executive Order 670.12 General issuance criteria. of birds, mammals, and certain plants, 12866, that this rule is not a significant 670.13 Permit administration. and introduction of non-indigenous regulatory action requiring review by 670.14 Conditions of permits. plants and animals into Antarctica. The the Office of Information and Regulatory 670.15 Modification, suspension and permit requirement for native plants has Affairs. As required by the Regulatory revocation. been slightly modified. Permits were 670.16 [Reserved] previously required for collecting native Flexibility Act, it is hereby certified that plants within Antarctic Specially this rule will not have a significant Subpart DÐNative Mammals, Birds, Plants, Protected Areas. The revised regulations impact on a substantial number of small and Invertebrates require a permit to remove or damage businesses. For purposes of the 670.17 Specific issuance criteria. native plants anywhere within Paperwork Reduction Act (44 U.S.C. 670.18 Content of permit applications. Antarctica if the quantity plants 3501 et seq.), the permit application and 670.19 Designation of native mammals. removed or damaged would reporting collection of information 670.20 Designation of native birds. significantly affect the species’ local requirements are nearly identical to 670.21 Designation of native plants. distribution or abundance (16 U.S.C. those required by NSF’s existing 670.22 [Reserved] 2402(20) and 16 U.S.C. 2403(b)(4)). The regulations. However, because this rule Subpart EÐSpecially Protected Species of revised regulations also require a permit will necessitate minor technical changes Mammals, Birds, and Plant for engaging in harmful interference to NSF’s current ACA permit 670.23 Specific issuance criteria. with native plants, mammals, birds, and application form, NSF is simultaneously 670.24 Content of permit applications. invertebrates (16 U.S.C. § 2402(5) and 16 publishing a Proposed Reinstatement of 670.25 Designation of specially protected U.S.C. 2403(b)(4)). Information Collection with Changes in species of native mammals, birds and The revised regulations also today’s issue of the Federal Register. plants. implement the Protocol’s revised Finally, NSF has reviewed this rule in 670.26 [Reserved] nomenclature of protected areas. Areas light of section 2 of Executive Order previously designated as Specially Subpart FÐAntarctic Specially Protected 12778 and I certify for the National Protected Areas and Sites of Special Areas Science Foundation that this rule meets Scientific Interest are now referred to as 670.27 Specific issuance criteria. Antarctic Specially Protected Areas (16 the applicable standards provided in 670.28 Content of permit applications. U.S.C. 2402(3)). Some technical sections 2(a) and 2(b) of that order. 670.29 Designation of Antarctic specially revisions have also been made to the List of Subjects in 45 CFR Part 670 protected areas. definitions used in the regulations to 670.30 [Reserved] conform to the revised definitions in the Administrative practice and Subpart GÐImport into and export from the ACA. Finally, in accordance with procedure, Antarctica, Exports, Imports, United States Annex II of the Protocol, dogs may no Reporting and recordkeeping 670.31 Specific issuance criteria for longer be introduced into Antarctica. requirements, Wildlife. imports. Consequently, the provision allowing Dated: May 21, 1998. 670.32 Specific issuance criteria for their introduction by permit has been exports. Lawrence Rudolph, deleted from the regulations. 670.33 Content of permit applications. General Counsel, National Science Summary of Provisions 670.35 Entry and exit ports. Foundation. 670.35 [Reserved] Subpart A of these regulations states For the reasons set forth in the their purpose and scope and defines Subpart HÐIntroduction of Non-Indigenous terms used in the regulations. preamble, the National Science Plants and Animals Prohibited acts and exceptions to them Foundation proposes to revise 45 CFR 670.36 Specific issuance criteria. are discussed in Subpart B. The part 670 to read as follows: 670.37 Content of permit applications. procedures for obtaining a permit and 670.38 Conditions of permits. the terms and conditions of such 670.39 [Reserved] permits are set forth in Subpart C. Authority: 16 U.S.C. 2405, as amended. Federal Register / Vol. 63, No. 105 / Tuesday, June 2, 1998 / Proposed Rules 29965

Subpart AÐIntroduction (e) Significantly damaging 1991, in Madrid, and all annexes concentrations of native terrestrial thereto, including any future § 670.1 Purpose of regulations. plants by landing aircraft, driving amendments to which the United States The purpose of the regulations in this vehicles, or walking on them, or by is a Party. part is to conserve and protect the other means; and Specially Protected Species means native mammals, birds, plants, and (f) Any activity that results in the any native species designated as a invertebrates of Antarctica and the significant adverse modification of Specially Protected Species that is ecosystem upon which they depend and habitats of any species or population of designated in subpart E of this part. to implement the Antarctic native mammal, native bird, native Take or taking means to kill, injure, Conservation Act of 1978, Public Law plant, or native invertebrate. capture, handle, or molest a native 95–541, as amended by the Antarctic Import means to land on, bring into, mammal or bird, or to remove or Science, Tourism, and Conservation Act or introduce into, or attempt to land on, damage such quantities of native plants of 1996, Public Law 104–227. bring into or introduce into, any place that their local distribution or subject to the jurisdiction of the United abundance would be significantly § 670.2 Scope. States, including the 12-mile territorial affected or to attempt to engage in such The regulations in this part apply to: sea of the United States, whether or not conduct. (a) Taking mammals, birds, or plants such act constitutes an importation Treaty means the Antarctic Treaty native to Antarctica. within the meaning of the customs laws signed in Washington, D.C. on (b) Engaging in harmful interference of the United States. December 1, 1959. of mammals, birds, invertebrates, or Management plan means a plan to United States means the several states plants native to Antarctica. manage the activities and protect the of the Union, the District of Columbia, (c) Entering or engaging in activities special value or values in an Antarctic the Commonwealth of Puerto Rico, within Antarctic Specially Protected Specially Protected Area designated by American Samoa, the Virgin Islands, Areas. the United States as such a site Guam, the Commonwealth of the (d) Receiving, acquiring, transporting, consistent with plans adopted by the Northern Mariana Islands, and other offering for sale, selling, purchasing, Antarctic Treaty Consultative Parties. commonwealth, territory, or possession importing, exporting or having custody, Native bird means any member, at any of the United States. control, or possession of any mammal, stage of its life cycle, of any species of bird, or plant native to Antarctica that the class Aves which is indigenous to Subpart BÐProhibited Acts, was taken in violation of the Act. Antarctica or occurs there seasonally Exceptions (e) Introducing into Antarctica any through natural migrations, that is member of a non-native species. designated in subpart D of this part. It § 670.4 Prohibited acts. includes any part, product, egg, or Unless a permit has been issued § 670.3 Definitions. offspring of or the dead body or parts pursuant to subpart C of this part or In this part: thereof excluding fossils. unless one of the exceptions stated in Act means the Antarctic Conservation Native invertebrate means any §§ 670.5 through 670.9 is applicable, it Act of 1978, Public Law 95–541 (16 terrestrial or freshwater invertebrate, at is unlawful to commit, attempt to U.S.C. 2401 et seq.) as amended by the any stage of its life cycle, which is commit, or cause to be committed any Antarctic Science, Tourism, and indignenous to Antarctica. It includes of the acts described in paragraphs (a) Conservation Act of 1996, Public Law any part thereof, but excludes fossils. through (g) of this section. 104–227. Native mammal means any member, (a) Taking of native mammal, bird or Antarctic Specially Protected Area at any stage of its life cycle, of any plants. It is unlawful for any person to means an area designated by the species of the class Mammalia, which is take within Antarctica a native Antarctic Treaty Parties to protect indigenous to Antarctica or occurs there mammal, a native bird, or native plants. outstanding environmental, scientific, seasonally through natural migrations, (b) Engaging in harmful interference. historic, aesthetic, or wilderness values that is designated in subpart D of this It is unlawful for any person to engage or to protect ongoing or planned part. It includes any part, product, in harmful interference in Antarctica of scientific research, designated in offspring of or the dead body or parts native mammals, native birds, native Subpart F. thereof but excludes fossils. plants or native invertebrates. Antarctica means the area south of 60 Native plant means any terrestrial or (c) Entry into Antarctic specially degrees south latitude. freshwater vegetation, including designated areas. It is unlawful for any Director means the Director of the bryophytes, lichens, fungi, and algae, at person to enter or engage in activities National Science Foundation, or an any stage of its life cycle which is within any Antarctic Specially officer or employee of the Foundation indigenous to Antarctica that is Protected Area. designated by the Director. designated in subpart D of this part. It (d) Possession, sale, export, and Harmful interference means— includes seeds and other propagules, or import of native mammals, birds, and (a) Flying or landing helicopters or parts of such vegetation, but excludes plants. It is unlawful for any person to other aircraft in a manner that disturbs fossils. receive, acquire, transport, offer for sale, concentrations of birds or seals; Person has the meaning given that sell, purchase, export, import, or have (b) Using vehicles or vessels, term in section 1 of title 1, United States custody, control, or possession of, any including hovercraft and small boats, in Code, and includes any person subject native bird, native mammal, or native a manner that disturbs concentrations of to the jurisdiction of the United States plant which the person knows, or in the birds or seals; and any department, agency, or other exercise of due care should have known, (c) Using explosives or firearms in a instrumentality of the Federal was taken in violation of the Act. manner that disturbs concentrations of Government or of any State or local (e) Introduction of non-indigenous birds or seals; government. animals and plants into Antarctica. It is (d) Willfully disturbing breeding or Protocol means the Protocol on unlawful for any person to introduce molting birds or concentrations of birds Environmental Protection to the into Antarctica any animal or plant or seals by persons on foot; Antarctic Treaty, signed October 4, which is not indigenous to Antarctica or 29966 Federal Register / Vol. 63, No. 105 / Tuesday, June 2, 1998 / Proposed Rules which does not occur there seasonally § 670.8 Foreign permit exception. would be conducted, including the through natural migrations, as specified Paragraphs (d) and (e) of § 670.4 shall proposed access to the location; in subpart H of this part, except as not apply to transporting, carrying, (5) Where the application is for the provided in §§ 670.7 and 670.8. receiving, or possessing native introduction of non-indigenous plants (f) Violations of regulations. It is mammals, native plants, or native birds or animals, the scientific name and the unlawful for any person to violate the or to the introduction of non-indigenous number to be introduced; regulations set forth in this part. animals and plants when conducted by (6) Whether agents as referred to in (g) Violation of permit conditions. It is an agency of the United States § 670.13 will be used; and unlawful for any person to violate any Government on behalf of a foreign (7) The desired effective dates of the term or condition of any permit issued national operating under a permit permit. (b) Content of specific permit under subpart C of this part. issued by a foreign government to give applications. In addition to the general effect to the Protocol. § 670.5 Exception in extraordinary information required for permit circumstances. § 670.9 Antarctic Conservation Act applications set forth in this subpart, the (a) Emergency exception. No act enforcement exception. applicant must submit additional described in § 670.4 shall be unlawful if Paragraphs (a) through (d) of § 670.4 information relating to the specific the person committing the act shall not apply to acts carried out by an action for which the permit is being reasonably believed that the act was Antarctic Conservation Act Enforcement sought. These additional requirements committed under emergency Officer (designated pursuant to 45 CFR are set forth in the sections of this part circumstances involving the safety of 672.3) if undertaken as part of the dealing with the subject matter of the human life or of ships, aircraft, or Antarctic Conservation Act Enforcement permit applications as follows: equipment or facilities of high value, or Officer’s official duties. Native Mammals, Birds, Plants, and the protection of the environment. Invertebrates—§ 670.17 (b) Aiding or salvaging native § 670.10 [Reserved] Specially Protected Species—§ 670.23 mammals or native birds. The Specially Protected Areas—§ 670.27 Subpart CÐPermits prohibition on taking shall not apply to Import and Export—§ 670.31 Introduction of Non-Indigenous Plants and any taking of native mammals or native § 670.11 Applications for permits. Animals—§ 670.36 birds if such action is necessary to: (a) General content of permit (c) Certification. Applications for (1) Aid a sick, injured or orphaned applications. All applications for a specimen; permits shall include the following permit shall be dated and signed by the certification: (2) Dispose of a dead specimen; or applicant and shall contain the (3) Salvage a dead specimen which following information: I certify that the information submitted in may be useful for scientific study. this application for a permit is complete and (1) The name and address of the (c) Reporting. Any actions taken accurate to the best of my knowledge and applicant; under the exceptions in this section belief. Any false statement will subject me to (i) Where the applicant is an shall be reported promptly to the the criminal penalties of 18 U.S.C. 1001. individual, the business or institutional Director. (d) Address to which applications affiliation of the applicant must be should be sent. Each applications shall § 670.6 Prior possession exception. included; or be in writing, addressed to: (a) Exception. Section 670.4 shall not (ii) Where the applicant is a corporation, firm, partnership, or Permit Officer, Office of Polar Programs, apply to: National Science Foundation, Room 755, (1) Any native mammal, bird, or plant institution, or agency, either private or 4201 Wilson Boulevard, Arlington, Virginia which is held in captivity on or before public, the name and address of its 22230. October 28, 1978; or president or principal officer must be included. (e) Sufficiency of application. The (2) Any offspring of such mammal, sufficiency of the application shall be bird, or plant. (2) Where the applicant seeks to engage in a taking, determined by the Director. The (b) Presumption. With respect to any Director may waive any requirement for (i) The scientific names, numbers, and prohibited act set forth in § 670.4 which information, or request additional description of native mammals, native occurs after April 29, 1979, the Act information as determined to be birds or native plants to be taken; and creates a rebuttable presumption that relevant to the processing of the (ii) Whether the native mammals, the native mammal, native bird, or application. native plant involved in such act was birds, or plants, or part of them are to (f) Withdrawal. An applicant may not held in captivity on or before be imported into the United States, and withdraw an application at any time. October 28, 1978, or was not an if so, their ultimate disposition. (g) Publication of permit applications. offspring referred to in paragraph (a) of (3) Where the applicant seeks to The Director shall publish notice in the this section. engage in a harmful interference, the Federal Register of each application for scientific names, numbers, and a permit. The notice shall invite the § 670.7 Food exception. description of native birds or native submission by interested parties, within Paragraph (e) of § 670.4 shall not seals to be disturbed; the scientific 30 days after the date of publication of apply to the introduction of animals and names, numbers, and description of the notice, of written data, comments, or plants into Antarctica for use as food as native plants to be damaged; or the views with respect to the application. long as animals and plants used for this scientific names, numbers, and Information received by the Director as purpose are kept under carefully description of native invertebrates, a part of any application shall be controlled conditions. This exception native mammals, native plants, or native available to the public as a matter of shall not apply to living species of birds whose habitat will be adversely public record. animals. Unconsumed poultry or its modified; parts shall be removed from Antarctica (4) A complete description of the § 670.12 General issuance criteria. unless incinerated, autoclaved or location, time period, and manner in Upon receipt of a complete and otherwise sterilized. which the taking or harmful interference properly-executed application for a Federal Register / Vol. 63, No. 105 / Tuesday, June 2, 1998 / Proposed Rules 29967 permit and the expiration of the (16 U.S.C. 1362(5)), any species which shall not take effect before a decision is applicable public comment period, the is an endangered or threatened species issued by him after the hearing, unless Director will decide whether to issue under the Endangered Species Act of the proposed action is taken by the the permit. In making the decision, the 1973 (16 U.S.C. 1531 et seq. or any Director to meet an emergency situation. Director will consider, in addition to the native bird which is protected under the (c) Notice of the modification, specific criteria set forth in the Migratory Bird Treaty Act (16 U.S.C. suspension, or revocation of any permit appropriate subparts of this part: 701 et seq.), the Director shall submit a by the Director shall be published in the (a) Whether the authorization copy of the application to the Secretary Federal Register, within 10 days from requested meets the objectives of the of Commerce or to the Secretary of the the date of the Director’s decision. Act and the requirements of the Interior, as appropriate. If the § 670.16 [Reserved] regulations in this part; appropriate Secretary determines that a (b) The judgment of persons having permit should not be issued pursuant to Subpart DÐNative Mammals, Birds, expertise in matters germane to the any of the cited acts, the Director shall Plants and Invertebrates application; and not issue a permit. The director shall (c) Whether the applicant has failed to inform the applicant of any denial by § 670.17 Specific issuance criteria. disclose material information required the appropriate Secretary and no further With the exception of specially or has made false statements about any action shall be taken on the application. protected species of mammals, birds, material fact in connection with the If, however, the appropriate Secretary and plants designated in subpart E of application. issues a permit pursuant to the this part, permits to engage in a taking § 670.13 Permit administration. requirements of the cited acts, the or harmful interference: Director still must determine whether (a) May be issued only for the purpose (a) Issuance of the permits. The the proposed action is consistent with of providing— Director may approve any application in the Act and the regulations in this part. (1) Specimens for scientific study or whole or part. Permits shall be issued in scientific information; or writing and signed by the Director. Each § 670.14 Conditions of permits. (2) Specimens for museums, permit may contain such terms and (a) Possession of permits. Permits zoological gardens, or other educational conditions as are consistent with the issued under the regulations in this part, or cultural institutions or uses; or Act and this part. or copies of them, must be in the (3) For unavoidable consequences of (b) Denial. The applicant shall be possession of persons to whom they are scientific activities or the construction notified in writing of the denial of any issued and their agents when and operation of scientific support permit request or part of a request and conducting the authorized action. facilities; and of the reason for such denial. If (b) Display of permits. Any permit (b) Shall ensure, as far as possible, authorized in the notice of denial, the issued shall be displayed for inspection that— applicant may submit further upon request to the Director, designated (1) No more native mammals, birds, or information or reasons why the permit agents of the Director, or any person plants are taken than are necessary to should not be denied. Such further with enforcement responsibilities. meet the purposes set forth in paragraph submissions shall not be considered a (c) Filing of Reports. Permit holders (a) of this section; new application. are required to file reports of the (2) No more native mammals or native (c) Amendment of applications or activities conducted under a permit. birds are taken in any year than can permits. An applicant or permit holder Reports shall be submitted to the normally be replaced by net natural desiring to have any term or condition Director not later than June 30 for the reproduction in the following breeding of his application or permit modified preceding 12 months. season; must submit full justification and (3) The variety of species and the supporting information in conformance § 670.15 Modification, suspension, and balance of the natural ecological with the provisions of this subpart and revocation. systems within Antarctica are the subpart governing the activities (a) The Director may modify, suspend, maintained; and sought to be carried out under the or revoke, in whole or in part, any (4) The authorized taking, modified permit. Any application for permit issued under this subpart. transporting, carrying, or shipping of modification of a permit that involves a (1) In order to make the permit any native mammal or bird is carried material change beyond the terms consistent with any change to any out in a humane manner. originally requested will normally be regulation in this part made after the subject to the same procedures as a new date of issuance of this permit; § 670.18 Content of permit applications. application. (2) If there is any change in conditions In addition to the information (d) Notice of issuance or denial. which make the permit inconsistent required in subpart C of this part, an Within 10 days after the date of the with the purpose of the Act and the applicant seeking a permit to take a issuance or denial of a permit, the regulations in this part; or native mammal or native bird shall Director shall publish notice of the (3) In any case in which there has include a complete description of the issuance or denial in the Federal been any violation of any term or project including the purpose of the Register. condition of the permit, any regulation proposed taking, the use to be made of (e) Agents of the permit holder. The in this part, or any provision of the Act. the native mammals or native birds, and Director may authorize the permit (b) Whenever the Director proposes the ultimate disposition of the native holder to designate agents to act on any modifications, suspension, or mammals and birds. An applicant behalf of the permit holder. revocation of a permit under this seeking a permit to engage in a harmful (f) Marine mammals, endangered section, the permittee shall be afforded interference shall include a complete species, and migratory birds. If the opportunity, after due notice, for a description of the project including the Director receives a permit application hearing by the Director with respect to purpose of the activity which will result involving any native mammal which is such proposed modification, suspension in the harmful interference. Sufficient a marine mammal as defined by the or revocation. If a hearing is requested, information must be provided to Marine Mammal Protection Act of 1972 the action proposed by the Director establish that the taking, harmful 29968 Federal Register / Vol. 63, No. 105 / Tuesday, June 2, 1998 / Proposed Rules interference, transporting, carrying, or Macaroni—Eudyptes chrysolophus. (d) The authorized taking, shipping of a native mammal or bird Rockhopper—Eudyptes crestatus. transporting, carrying or shipping will shall be humane. Petrel: be carried out in a humane manner. Antarctic—Thalassocia antarctica. § 670.19 Designation of native mammals. Black-bellied Storm—Fregatta tropica. § 670.24 Content of permit applications. The following are designated native Blue—Halobaena caerulea. In addition to the information mammals: Gray—Procellaria cinerea. required in subpart C of this part, an Great-winged—Pterodroma macroptera. applicant seeking a permit to take a Pinnipeds: Kerguelen—Pterodroma brevirostris. Crabeater seal—Lobodon carcinophagus Kerguelen—Pterodroma macroptera. Specially Protected Species shall Southern elephant seal—Mirounga leonina. Mottled—Pterodroma inexpectata. include the following in the application: Souther fur seals—Arctocephalus spp.1 Snow—Pagodroma nivea. (a) A detailed scientific justification of Leopard seal—Hydrurga leptonyx. Soft-plumged—Pterodroma mollis. the need for taking the Specially Ross seal—Ommatophoca rossi.1 South-Georgia Diving—Pelecanoides Protected Species, including a Weddell seal—Leptonychotes weddelli. georgicus. discussion of possible alternative Large Cetaceans (Whales): White-bellied Storm—Fregetta grallaria. species; Blue whale—Balaenoptera musculus White-chinned—Procellaria aequinoctialis. (b) Information demonstrating that the Pygmy blue whale—Balaenoptera White-headed—Pterodroma lessonia. musculus brevicauda proposed action will not jeopardize the Wilson’s Storm—Oceanites oceanicus. existing natural ecological system or the Fin whale—Balaenoptera physalus Pigeon: Humpback whale—Megaptera Cape—Daption capense. survival of the affected species or novaeangliae Pintail: population; and Minke whale—Balaenoptera acutrostrata South American Yellow-billed—Anas (c) Information establishing that the Sei whale—Balaenoptera borealis georgica spinicauda. taking, transporting, carrying, or Southern right whale—Balaena glacialis Prion: shipping of any native bird or native australis Antarctic—Pachyptila desolata. mammal will be carried out in a Sperm whale—Physeter macrocephalus Narrow-billed—Pachyptila belcheri. humane manner. Small Cetaceans (Dolphins and porpoises): Shag: Arnoux’s beaked whale—Berardius Blue-eyed—Phalacrocorax atriceps. § 670.25 Designation of specially arnuxii. Shearwater: protected species of native mammals, birds Commerson’s dolphin—Cephalorhynchus Sooty—Puffinus griseus. and plants. commersonii Sheathbill: The following two species have been Dusky dolpin—Lagenorhynchus obscurus American—Chionis alba. designated as Specially Protected Hourglass dolphin—Lagenorhynchus Skua: cruciger Species by the Antarctic Treaty Parties Brown—Catharacta lonnbergi. and are hereby designated Specially Killer whale—Orcinus orca South Polar—Catharacta maccormicki. Long-finned pilot whale—Globicephala Swallow: Protected Species. melaena Barn—Hirundo rustica. Common Name and Scientific Name Southern right whale dolpin—Lissodelphis Tern: Kerguelen Fur Seal—Arctocephalus peronii Antarctic—Sterna vittata. tropicales gazella. Southern bottlenose whale—Hyperoodon Arctic—Sterna paradisaea. Ross Seal—Ommatophoca rossi. planifrons. Spectacled porpoise—Phocoena dioptrica § 670.21 Designation of native plants. § 670.26 [Reserved] § 670.20 Designation of native birds. All plants whose normal range is Subpart FÐAntarctic Specially The following are designated native limited to, or includes Antarctica are Protected Areas birds: designated native plants, including: § 670.27 Specific issuance criteria. Albatross: Bryophytes Black-browed—Diomedea melanophris. Freshwater algae Permits authorizing entry into any Gray-head—Diomedea chrysostoma. Fungi Antarctic Specially Protected Area Light-mantled sooty—Phoebetria Lichens designated in § 670.29 may only be palpebrata. Marine algae issued if: Wandering—Diomedea exulans. Vascular Plants (a) The entry and activities to be Fulmer: § 670.22 [Reserved] engaged in are consistent with an Northern Giant—Macronectes halli. approved management plan, or Southern—Fulmarus glacialoides. Subpart EÐSpecially Protected (b) A management plan relating to the Souther Giant—Macronectes giganteus. area has not been approved by the Gull: Species of Mammals, Birds and Plants Southern Black-backed—Larus Antarctic Treaty Parties, but § 670.23 Specific issuance criteria. dominicanus. (1) There is a compelling scientific Jaeger: Permits authorizing the taking of purpose for such entry which cannot be Parasitic—Stercorarius parasiticus. mammals, birds, or plants designated as served elsewhere, and Pomarine—Stercorarius pomarius. a Specially Protected Species of (2) The actions allowed under the Penguin: mammals, birds, and plants in § 670.25 permit will not jeopardize the natural Adelie—Pygoscelis adeliae. may only be issued if: ecological system existing in such area. Chinstrap—Pygoscelis antarctica. Emperor—Aptenodytes forsteri. (a) There is a compelling scientific § 670.28 Content of permit applications. Gentoo—Pygoscelis papua. purpose for such taking; In addition to the information King—Aptenodytes patagonicus. (b) The actions allowed under any required in subpart C of this part, an such permit will not jeopardize the applicant seeking a permit to enter an 1 These species of mammals have been designated existing natural ecological system, or Antarctic Specially Protected Area shall as specially protected species and are subject to the survival of the affected species or include the following in the application: subpart E of this part. population; 1 These species of mammals have been designated (a) A detailed justification of the need as specially protected species and are subject to (c) The taking involves non-lethal for such entry, including a discussion of subpart E of this part. techniques, where appropriate; and alternatives; Federal Register / Vol. 63, No. 105 / Tuesday, June 2, 1998 / Proposed Rules 29969

(b) Information demonstrating that the ASPA 132, Potter Peninsula, King Georgia § 670.32 Specific issuance criteria for proposed action will not jeopardize the Island, South Shetland Island. exports. unique natural ecological system in that ASPA 133, Harmony Point. The Director may permit export from area; and ASPA 134, Cierva Point and nearby islands, the United States of any native mammal, (c) Where a management plan exists, Danco Coast, Antarctic Peninsula. bird, or native plants taken within information demonstrating the ASPA 135, Bailey Peninsula, Budd Coast, Antarctica upon a finding that consistency of the proposed actions Wilkes Land. exportation would be consistent with with the management plan. ASPA 136, Clark Peninsula, Budd Coast, the purposes of the Act, the regulations Wilkes Land. in this part, or the permit under which § 670.29 Designation of Antarctic specially ASPA 137, Northwest White Island, protected areas. McMurdo Sound. they were taken. The following areas have been ASPA 138, Linnaeus Terrace, Asquard Range, § 670.33 Content of permit applications. Victoria Land. designated by the Antarctic Treaty In addition to the information ASPA 139, Biscoe Point, Anvers Island, Parties for special protection and are required in subpart C of this part, an hereby designated as Antarctic Specially Palmer Archipelago. ASPA 140, Shores of Port Foster, Deception applicant seeking a permit to import Protected Areas. Detailed maps and Island, South Shetland Islands. into or export from the United States a descriptions of the sites and complete ASPA 141, Yukidori Valley, Langhovde, native mammal, a native bird, or native management plans can be obtained from Lutzow-Holm Bay. plants taken within Antarctica shall the National Science Foundation, Office ASPA 142, Svarthamaren Mountain, Muhlig- include the following in the application: of Polar Programs, National Science Hofmann Mountains, Queen Maud Land. (a) Information demonstrating that the Foundation, Room 755, 4201 Wilson ASPA 143, Marine Plain, Mule Peninsula, import or export would further the Boulevard, Arlington, Virginia 22230. Vestfold Hills, Princess Elizabeth Land. purposes for which the species was ASPA 101, Taylor Rookery, MacRobertson ASPA 144, Chile Bay (Discovery Bay), taken; Land. Greenwich Island, South Shetland (b) Information demonstrating that the ASPA 102, Rookery Islands, Holme Bay. Islands. import or export is consistent with the ASPA 103, Ardrey Island and Odbert Island, ASPA 145, Port Foster, Deception Island, purposes of the Act or the regulations in Budd Coast. South Shetland Islands. this part; ASPA 104, Sabrina Island, Balleny Islands. ASPA 146, South Bay, Doumer Island, (c) A statement as to which U.S. port ASPA 105, Beaufort Island, Ross Sea. Palmer Archipelago. will be used for the import or export, ASPA 106, Cape Hallett, Victoria Land. ASPA 147, Ablation Point-Ganymede and ASPA 107, Dion Islands, Marguerite Bay, Heights, Alexander Island. (d) Information describing the Antarctic Peninsula. ASPA 148, Mount Flora, Hope Bay, Antarctic ASPA 108, Green Island, Berthelot Islands, Peninsula. intended ultimate disposition of the Antarctic Peninsula. ASPA 149, Cape Shirreff, Livingston Island, imported or exported item. ASPA 109, Moe Island, South Orkney South Shetland Islands. Islands. § 670.34 Entry and exit ports. ASPA 150, Ardley Island, Maxwell Bay, King ASPA 110, Lynch Island, South Orkney George Island, South Shetland Islands. (a) Any native mammal, native bird, Islands. ASPA 151, Lions Rump, King George Island, or native plants taken within Antarctica ASPA 111, Southern Powell Island and that are imported into or exported from adjacent islands, South Orkney Islands. South Shetland Islands. ASPA 152, Western Bransfield Strait, off Low the United States must enter or leave the ASPA 112, Coppermine Peninsula, Robert United States at ports designated by the Island. Island, South Shetland Islands. ASPA 113, Litchfield Island, Arthur Harbor, ASPA 153, East Dallmann Bay, off Brabant Secretary of Interior in 50 CFR part 14. Palmer Archipelago. Island. The ports currently designated are: ASPA 114, North Coronation Island, South ASPA 154, Cape Evans Historic Site. (1) Los Angeles, California. Orkney Islands. ASPA 155, Lewis Bay Tomb (2) San Francisco, California. ASPA 115, Lagotellerie Island, Marguerite (3) Miami, Florida. Bay. § 670.30 [Reserved] (4) Honolulu, Hawaii. ASPA 116, New College Valley, Caughley (5) Chicago, Illinois. Beach, Cape Bird, Ross Island. Subpart GÐImport Into and Export (6) New Orleans, Louisiana. ASPA 117, Avian Island, Northwest From the United States (7) New York, New York. Marguerite Bay. ASPA 118, Cryptogam Ridge, Mount § 670.31 Specific issuance criteria for (8) Seattle, Washington. Melbourne, Victoria Land. imports. (9) Dallas/Forth Worth, Texas. ASPA 119, Forlidas Pond and Davis Valley (10) Portland, Oregon. Ponds. Subject to compliance with other (11) Baltimore, Maryland. ASPA 120, Pointe-Geologie Archipelago. applicable law, any person who takes a (12) Boston, Massachusetts. ASPA 121, Cape Royds, Ross Island. native mammal, bird, or plant under a (13) Atlanta, Georgia. ASPA 122, Arrival Heights, Hut Point permit issued under the regulations in (b) Permits to import or export at non- Peninsula, Ross Island. this part may import it into the United designated ports may be sought from the ASPA 123, Barwick Valley, Victoria Land. Secretary of Interior pursuant to subpart ASPA 124, Cape Crozier, Ross Island. States unless the Director finds that the ASPA 125, Fildes Peninsula, King George importation would not further the C, 50 CFR part 14. Island, South Shetland Islands. purpose for which it was taken. If the § 670.35 [Reserved] ASPA 126, Byers Peninsula, Livingston importation is for a purpose other than Island, South Shetland Islands. that for which the native mammal, bird, Subpart HÐIntroduction of Non- ASPA 127, Haswell Island. or plant was taken, the Director may Indigenous Plants and Animals ASPA 128, Western Shore of Admiralty Bay, permit importation upon a finding that King George Island. § 670.36 Specific issuance criteria. ASPA 129, Rothera Point, Adelaide Island. importation would be consistent with ASPA 130, Tramway Ridge, Mt. Erebus, Ross the purposes of the Act, the regulations For purposes consistent with the Act, Island. in this part, or the permit under which only the following plants and animals ASPA 131, Canada Glacier, Lake Fryxell, they were taken. may be considered for a permit allowing Taylor Valley, Victoria Land. their introduction into Antarctica: 29970 Federal Register / Vol. 63, No. 105 / Tuesday, June 2, 1998 / Proposed Rules

(a) Domestic plants; and animals or plants to be introduced into kept under controlled conditions to (b) Laboratory animals and plants Antarctica; prevent its escape or contact with native including viruses, bacteria, yeasts, and (b) The need for the plants or animals, fauna and flora and that after serving its fungi. (c) What precautions the applicant purpose the plant or animal shall be Living non-indigenous species of will take to prevent escape or contact removed from Antarctica or be birds shall not be introduced into with native fauna and flora, and destroyed in manner that protects the (d) How the plants or animals will be Antarctica. natural system of Antarctica. removed from Antarctica or destroyed § 670.37 content of permit applications. after they have served their purposes. § 670.39 [Reserved] Applications for the introduction of plants and animals into Antarctica must § 670.38 Conditions of permit. [FR Doc. 98–14474 Filed 6–1–98; 8:45 am] describe: All permits allowing the introduction BILLING CODE 7555±01±M (a) The species, numbers, and if of non-indigenous plants and animals appropriate, the age and sex, of the will require that the animal or plant be