189 Part 670—Conservation of Antarctic Animals and Plants

National Science Foundation Pt. 670

(b) In any explanation under para- PART 670—CONSERVATION OF graph (a)(3) of this section, the Direc- ANTARCTIC ANIMALS AND PLANTS tor informs the single point of contact that: Subpart A—Introduction (1) The Foundation will not implement 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 decision and determined that, because of Subpart B—Prohibited Acts, Exceptions unusual circumstances, the waiting period 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 activity; Subpart E—Specially Protected Species of (4) Responding pursuant to § 660.10 of Mammals, Birds, and Plants this part if the Director receives a recommendation 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 areas § 660.12 [Reserved] 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 United States 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. Antarctica means the area south 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 officer 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 arctic 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 Islands, and other parts thereof excluding fossils. 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 species 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, lichens, fungi, and algae, 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 Washington, 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 applications. 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 certification: § 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 application. tion. If, however, the appropriate Sec- (c) Notice of the modification, sus- retary issues a permit pursuant to the pension, or revocation of any permit by requirements of the cited acts, the Di- the Director shall be published in the rector still must determine whether FEDERAL REGISTER, within 10 days from the proposed action is consistent with the date of the Director’s decision. the Act and the regulations in this part. § 670.16 [Reserved] § 670.14 Conditions of permits. Subpart D—Native Mammals, (a) Possession of permits. Permits Birds, Plants, and Invertebrates issued under the regulations in this part, or copies of them, must be in the § 670.17 Specific issuance criteria. possession of persons to whom they are With the exception of specially pro- issued and their agents when con- tected species of mammals, birds, and ducting the authorized action. plants designated in subpart E of this

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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 Weddell seal—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, Southern right whale—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 required 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 complete 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- Penguin mal or bird shall be humane. Adelie—Pygoscelis adeliae. Chinstrap—Pygoscelis antarctica. § 670.19 Designation of native mammals. 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- Cape—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, transporting, carrying or shipping will be Prion carried out in a humane manner. Antarctic—Pachyptila desolata. Narrow-billed—Pachyptila belcheri. § 670.24 Content of permit applications. Shag In addition to the information re- Blue-eyed—Phalacrocorax atriceps. quired in subpart C of this part, an applicant 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 designated native plants, including: ignated as Specially Protected Species Bryophytes by the Antarctic Treaty Parties and is Freshwater algae hereby designated Specially Protected Fungi Species:

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Common Name and Scientific Name ASPA. Detailed maps and descriptions Ross Seal—Ommatophoca rossii of the sites and complete management [73 FR 14939, Mar. 20, 2008] plans can be obtained from the Na- 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 Taylor Rookery, Mac. Rob- ertson Land § 670.27 Specific issuance criteria. ASPA 102 Rookery Islands, Holme Permits authorizing entry into any Bay, Mac. Robertson Land Antarctic Specially Protected Area ASPA 103 Ardery Island and Odbert designated in § 670.29 may only be Island, Budd Coast, Wilkes Land issued if: ASPA 104 Sabrina Island, Northern (a) The entry and activities to be en- Ross Sea, Antarctica gaged in are consistent with an ap- ASPA 105 Beaufort Island, McMurdo proved management plan, or Sound, Ross Sea (b) A management plan relating to ASPA 106 Cape Hallett, Northern Vic- the area has not been approved by the toria Land, Ross Sea Antarctic Treaty Parties, but ASPA 107 Emperor Island, Dion Is- (1) There is a compelling scientific lands, Marguerite Bay, Antarctic Pe- purpose for such entry which cannot be ninsula served elsewhere, and ASPA 108 Green Island, Berthelot Is- (2) The actions allowed under the per- lands, Antarctic Peninsula mit will not jeopardize the natural eco- ASPA 109 Moe Island, South Orkney logical system existing in such area. Islands ASPA 110 Lynch Island, South Orkney § 670.28 Content of permit application. Islands In addition to the information re- ASPA 111 Southern Powell Island and quired in subpart C of this part, an ap- adjacent islands, South Orkney Is- plicant seeking a permit to enter an lands Antarctic Specially Protected Area ASPA 112 Coppermine Peninsula, Rob- shall include the following in the appli- ert Island, South Shetland Islands cation: ASPA 113 Litchfield Island, Arthur (a) A detailed justification of the Harbour, Anvers Island, Palmer Ar- need for such entry, including a discus- chipelago sion of alternatives; ASPA 114 Northern Coronation Island, (b) Information demonstrating that South Orkney Islands the proposed action will not jeopardize ASPA 115 Lagotellerie Island, Mar- the unique natural ecological system guerite Bay, Graham Land in that area; and ASPA 116 New College Valley, (c) Where a management plan exists, Caughley Beach, Cape Bird, Ross Is- information demonstrating the consist- land ency of the proposed actions with the ASPA 117 Avian Island, Marguerite management plan. Bay, Antarctic Peninsula § 670.29 Designation of Antarctic Spe- ASPA 118 Summit of Mount Mel- cially Protected Areas, Specially bourne, Victoria Land Managed Areas and Historic Sites ASPA 119 Davis Valley and Forlidas and Monuments. Pond, Dufek Massif, Pensacola Moun- (a) The following areas have been tains designated by the Antarctic Treaty ASPA 120 Pointe-Geologie Parties for special protection and are Archipelego, Terre Adelie hereby designated as Antarctic Spe- ASPA 121 Cape Royds, Ross Island cially Protected Areas (ASPA). The ASPA 122 Arrival Heights, Hut Point Antarctic Conservation Act of 1978, as Peninsula, Ross Island amended, prohibits, unless authorized ASPA 123 Barwick and Balham Val- by a permit, any person from entering leys, Southern Victoria Land or engaging in activities within an ASPA 124 Cape Crozier, Ross Island

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ASPA 125 Fildes Peninsula, King ASPA 152 Western Bransfield Strait George Island (25 de Mayo) ASPA 153 Eastern Dallmann Bay ASPA 126 Byers Peninsula, Living- ASPA 154 Botany Bay, Cape Geology, ston Island, South Shetland Islands Victoria Land ASPA 127 Haswell Island ASPA 155 Cape Evans, Ross Island ASPA 128 Western shore of Admiralty ASPA 156 Lewis Bay, Mount Erebus, Bay, King George Island, South Shet- Ross Island land Islands ASPA 157 Backdoor Bay, Cape Royds, ASPA 129 Rothera Point, Adelaide Is- Ross Island land ASPA 158 Hut Point, Ross Island ASPA 130 Tramway Ridge, Mount Er- ASPA 159 Cape Adare, Borchgrevink ebus, Ross Island Coast ASPA 131 Canada Glacier, Lake ASPA 160 Frazier Islands, Windmill Fryxell, Taylor Valley, Victoria Islands, Wilkes Land, East Antarc- Land tica ASPA 132 Potter Peninsula, King ASPA 161 Terra Nova Bay, Ross Sea George Island (Isla 25 de Mayo) ASPA 162 Mawson’s Huts, Cape (South Shetland Islands) Denison, Commonwealth Bay, George ASPA 133 Harmony Point, Nelson Is- V Land, East Antarctica land, South Shetland Islands ASPA 163 Dakshin Gangotri Glacier, ASPA 134 Cierva Point and offshore Dronning Maud Land islands, Danco Coast, Antarctic Pe- ASPA 164 Scullin and Murray ninsula Monoliths, Mac. Robertson Land ASPA 135 North-eastern Bailey Penin- ASPA 165 Edmonson Point, Wood sula, Budd Coast, Wilkes Land Bay, Ross Sea ASPA 136 Clark Peninsula, Budd ASPA 166 Port-Martin, Terre Adelie Coast, Wilkes Land ASPA 167 Hawker Island, Vestfold ASPA 137 North-west White Island, Hills, Ingrid Christensen Coast, Prin- McMurdo Sound cess Elizabeth Land, East Antarctica ASPA 138 Linnaeus Terrace, Asgard ASPA 168 Mount Harding, Grove Range, Victoria Land Mountains, East Antarctica ASPA 139 Biscoe Point, Anvers Island, ASPA 169 Amanda Bay, Ingrid Palmer Archipelago Christensen Coast, Princess Eliza- ASPA 140 Parts of Deception Island, beth Land, East Antarctica South Shetland Islands ASPA 170 Marion Nunataks, Charcot ASPA 141 Yukidori Valley, Island, Antarctic Peninsula ASPA 171 Langhovde, Lutzow-Holm Bay Narebski Point, Barton Peninsula, ASPA 142 Svarthamaren King George Island ASPA 143 Marine Plain, Mule Penin- (b) The following areas have been sula, Vestfold Hills, Princess Eliza- designated by the Antarctic Treaty beth Land Parties for special management and ASPA 144 Chile Bay (Discovery Bay), have been designated as Antarctic Spe- Greenwich Island, South Shetland Is- cially Managed Areas (ASMA). De- lands tailed maps and descriptions of the ASPA 145 Port Foster, Deception Is- sites and complete management plans land, South Shetland Islands can be obtained from the National ASPA 146 South Bay, Doumer Island, Science Foundation, Office of Polar Palmer Archipelago Programs, Room 755, 4201 Wilson Bou- ASPA 147 Ablation Valley and Gany- levard, Arlington, Virginia 22230. mede Heights, Alexander Island ASMA 1 Admiralty Bay, King George ASPA 148 Mount Flora, Hope Bay, Island Antarctic Peninsula ASMA 2 McMurdo Dry Valleys, ASPA 149 Cape Shirreff and San Southern Victoria Land Talmo Island, Livingston Island, ASMA 3 Cape Denison, Common- South Shetland Islands wealth Bay, George V Land, East ASPA 150 Ardley Island, Maxwell Bay, Antarctica King George Island (25 de Mayo) ASMA 4 Deception Island ASPA 151 Lions Rump, King George ASMA 5 Amundsen-Scott South Pole Island, South Shetland Islands Station, South Pole

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ASMA 6 Larsemann Hills, East Ant- HSM 14 Site of ice cave at Inex- arctica pressible Island, Terra Nova Bay, con- ASMA 7 Southwest Anvers Island and structed in March 1912 by Victor Camp- Palmer Basin bell’s Northern Party. (c) The following areas have been HSM 15 Hut at Cape Royds, Ross Is- designated by the Antarctic Treaty land, built in February 1908 by the Parties as historic sites or monuments British Antarctic Expedition. (HSM). The Antarctic Conservation HSM 16 Hut at Cape Evans, Ross Is- Act of 1978, as amended, prohibits any land, built in January 1911 by the Brit- damage, removal or destruction of a ish Antarctic Expedition. historic site or monument listed pursu- HSM 17 Cross on Wind Vane Hill, ant to Annex V to the Protocol. Cape Evans, Ross Island, erected by the Descriptions of the sites or monu- Ross Sea Party in memory of three ments can be obtained from the Na- members of the party who died in the tional Science Foundation, Office of vicinity in 1916. Polar Programs, Room 755, 4201 Wilson HSM 18 Hut at Hut Point, Ross Is- Boulevard, Arlington, Virginia 22230. land, built in February 1902 by the HSM 1 Flag mast erected in Decem- British Antarctic Expedition. ber 1965 at South Geographical Pole by HSM 19 Cross at Hut Point, Ross Is- the First Argentine Overland Polar Ex- land, erected in February 1904 by the pedition. British Antarctic Expedition in mem- HSM 2 Rock cairn and plaques ory of George Vince. erected in January 1961 at Syowa Sta- HSM 20 Cross on Observation Hill, tion in memory of Shun Fukushima. Ross Island, erected in January 1913 by the British Antarctic Expedition in HSM 3 Rock cairn and plaque erect- memory of Captain Robert F Scott’s ed in January 1930 by Sir Douglas party which perished on the return Mawson on Proclamation Island, En- journey from the South Pole. derby Land. HSM 21 Remains of stone hut at HSM 4 Station building to which a Cape Crozier, Ross Island, constructed bust of V.I. Lenin is fixed together in July 1911 by the British Antarctic with a plaque in memory of the con- Expedition. quest of the Pole of Inaccessibility, by HSM 22 Three huts and associated Soviet Antarctic Explorers in 1958. relics at Cape Adare Two built in Feb- HSM 5 Rock cairn and plaque at ruary 1899 the third was built in Feb- Cape Bruce, Mac. Robertson Land, ruary 2011 all by the British Antarctic erected in February 1931 by Sir Douglas Expedition. Mawson. HSM 23 Grave at Cape Adare of Nor- HSM 6 Rock cairn and canister at wegian biologist Nicolai Hanson. Walkabout Rocks, Vestfold Hills, Prin- HSM 24 Rock cairn, known as cess Elizabeth Land, erected in 1939 by ‘‘Amundsen’s cairn,’’ at Mount Betty, Sir Hubert Wilkins. Queen Maud Range erected by Roald HSM 7 Stone with inscribed plaque, Amundsen in January 1912. erected at Mirny Observatory, Mabus HSM 26 Abandoned installations of Point, in memory of driver-mechanic Argentine Station ‘‘General San Mar- Ivan Kharma. tin’’ on Barry Island, Debenham Is- HSM 8 Metal Monument sledge and lands, Marguerite Bay, Antarctic Pe- plaque at Mirny Observatory, Mabus ninsula. Point, in memory of driver-mechanic HSM 27 Cairn with a replica of a Anatoly Shcheglov. lead plaque erected at Megalestris Hill, HSM 9 Cemetery on Buromskiy Is- Petermann Island in 1909 by the second land, near Mirny Observatory. French expedition. HSM 10 Building (Magnetic Observ- HSM 28 Rock Cairn at Port Charcot, atory) at Dobrowolsky Station, Bunger Booth Island, with wooden pillar and Hills, with plaque in memory of the plaque. opening of Oasis Station in 1956. HSM 29 Lighthouse named HSM 11 Heavy Tractor at Vostock ‘‘Primero de Mayo’’ erected on Lambda Station with plaque in memory of the Island, Melchior Islands, by Argentina opening of the Station in 1957. in 1942.

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HSM 30 Shelter at Paradise Harbour rating this point from the glacier and erected in 1950. bearing an inscription. HSM 32 Concrete Monolith erected HSM 46 All of the buildings and in- in 1947 near Capitan Arturo Prat Base stallations of Port-Martin Base, Terre on Greenwich Island, South Shetland Ad6lie, constructed in 1950 by the 3rd Islands. French expedition in Terre Ad6lie. HSM 33 Shelter and cross with HSM 47 Wooden building called plaque near Capitan Arturo Prat Base ‘‘Base Marret’’ on the Ile des Petrels, Greenwich Island, South Shetland Is- Terre Ad6lie. lands. HSM 48 Iron Cross on the North- HSM 34 Bust at Capitan Arturo Prat East headland of the Ile des Petrels, base Greenwich Island, South Shetland Terre Ad6lie. Islands, of Chilean naval hero Arturo HSM 49 Concrete pillar erected by Prat. the First Polish Antarctic Expedition HSM 35 Wooden cross and statue of at Dobrowski Station on Bunger Hill in the Virgin of Carmen erected in 1947 January 1959, to measure acceleration near Capitan Arturo Prat base Green- due to gravity. wich Island, South Shetland Islands. HSM 50 Brass Plaque bearing the HSM 36 Replica of a metal plaque Polish Eagle at Fildes Peninsula, King erected by Eduard Dallman at Potter George Island, South Shetland Islands. Cove, King George Island, South Shet- HSM 51 Grave of Wlodzimierz land Islands. Puchalski, surmounted by an iron HSM 37 Statue erected in 1948 at cross south of Arctowski station on General Bernando O’Higgins Base King George Island, South Shetland Is- (Chile) Trinity Peninsula. lands. HSM 38 Wooden hut on Snow Hill Is- HSM 52 Monolith commemorating land built in February 1902 by the the establishment on 20 February 1985 Swedish South Polar Expedition. of the ‘‘Great Wall Station’’ on Fildes HSM 39 Stone hut at Hope Bay, Peninsula, King George Island, South Trinity Peninsula built in January 1903 Shetland Islands. by the Swedish South Polar Expedi- HSM 53 Bust of Captain Luis tion. Alberto Pardo, monolith and plaques HSM 40 Bust of General San Martin, on Point Wild, Elephant Island, South grotto with statue of the Virgin Lujan, Shetland Islands. a flag mast and graveyard at Base HSM 54 Richard E. Byrd Historic Esperanza, Hope Bay Trinity Penin- Monument, a bronze bust at McMurdo sula, erected by Argentina in 1955. Station. HSM 41 Stone hut and grave at HSM 55 East Base, Antarctica, Paulet Island built in 1903 by members Stonington Island (Buildings and arti- of the Swedish South Polar Expedition. facts) erected by the Antarctic Service HSM 42 Area of Scotia bay, Laurie Expedition (1939–1941) and the Ronne Island, South Orkney containing stone Antarctic Research Expedition (1947– huts built in 1903 by the Scottish Ant- 1948). arctic Expedition, Argentine meteoro- HSM 56 Waterboat Point, Danco logical hut and magnetic observatory Coast, (remains of hut and environs). (Moneta house) and graveyard. HSM 57 Plaque at ‘‘Yankee Bay’’ HSM 43 Cross erected in 1955 and (Yankee Harbour), MacFarlane Strait, subsequently moved to Belgrano II Sta- Greenwich Island, South Shetland Is- tion, Nunatak Bertrab, Confin Coast, lands. Coats Land in 1979. HSM 59 Cairn on Half Moon Beach, HSM 44 Plaque erected at tem- Cape Shirreff, Livingston Island, South porary Indian Station ‘‘Dakshin Shetland Islands and a Plaque on Gangotri,’’ Princess Astrid Kyst, Dron- ‘Cerro Gaviota’ opposite San Telmo Is- ing Maud Land, listing the names of lets. the first Indian Antarctic Expedition. HSM 60 Wooden plaque and cairn HSM 45 Plaque on Brabant Island, placed in November 1903 at ‘‘Penguins on Metchnikoff Point, at a height of Bay,’’ Seymour Island (Marambio), 70m on the crest of the moraine sepa- James Ross Archipelago.

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HSM 61 ‘‘Base A’’ at Port Lockroy, HSM 80 Amundsen’s Tent erected in Goudier Island, off Wiencke Island. December 1911 at the South Pole. HSM 62 ‘‘Base F’’ (Wordie House), HSM 81 Rocher du Debarquement on Winter Island, Argentine Islands. (Landing Rock). HSM 63 ‘‘Base Y’’ on Horseshoe Is- HSM 82 Monument to the Antarctic land, Marguerite Bay, western Graham Treaty and Plaques, Fildes Peninsula, Land. King George Island, South Shetland Is- HSM 64 ‘‘Base E’’ on Stonington Is- lands. land, Marguerite Bay, western Graham HSM 83 Base ‘‘W’’ established in Land. 1956 at Detaille Island, Lallemande HSM 65 Message post erected in Fjord, Loubert Coast. January 1895 on Svend Foyn Island, Possession Islands. HSM 84 Hut erected in 1973 at HSM 66 Prestrud’s cairn, Scott Damoy Point, Dorian Bay, Wiencke Is- Nunataks, Alexandra Mountains, Ed- land, Palmer Archipelago. ward VII Peninsula erected in Decem- HSM 85 Plaque Commemorating the ber 1911. PM–3A Nuclear Power Plant at HSM 67 Rock shelter known as McMurdo Station. ‘‘Granite House,’’ erected in 1911 at HSM 86 No.1 Building Commemo- Cape Geology, Granite Harbour. rating China’s Antarctic Expedition at HSM 68 Site of depot at Hells Gate Great Wall/Station. Moraine, Inexpressible Island, Terra Nova Bay. [77 FR 5404, Feb. 3, 2012] HSM 69 Message post at Cape § 670.30 [Reserved] Crozier, Ross Island, erected January 1902 by Capt. Robert F. Scott’s Dis- covery Expedition. Subpart G—Import Into and Export HSM 70 Message post at Cape From the United States Wadworth, Coulman Island, erected January 1902 by Capt. Robert F. Scott. § 670.31 Specific issuance criteria for HSM 71 Whalers Bay, Deception Is- imports. land, South Shetland Islands (includes Subject to compliance with other ap- whaling artifacts). plicable law, any person who takes a HSM 72 Mikkelsen Cairn, Tryne Is- native mammal, bird, or plant under a lands, Vestfold Hills. permit issued under the regulations in HSM 73 Memorial Cross for the 1979 this part may import it into the United Mount Erebus crash victims, erected in States unless the Director finds that January 1987 at Lewis Bay, Ross Island. the importation would not further the HSM 74 Unnamed cove on the south- purpose for which it was taken. If the west coast of Elephant Island, South importation is for a purpose other than Shetland Islands, including the fore- that for which the native mammal, shore and intertidal area, in which the bird, or plant was taken, the Director wreckage of a large wooden sailing ves- may permit importation upon a finding sel is located. that importation would be consistent HSM 75 ‘‘A Hut’’ of Scott base, with the purposes of the Act, the regu- Pram Point, Ross Island. lations in this part, or the permit HSM 76 Ruins of base Pedro Aguirre Cerda, Pendulum Cove, Deception Is- under which they were taken. land, South Shetland Islands. § 670.32 Specific issuance criteria for HSM 77 Cape Denison, Common- exports. wealth Bay, George V Land, including Boat Harbour and the historic artifacts The Director may permit export from contained within its waters. the United States of any native mam- HSM 78 Memorial Plaque at India mal, bird, or native plants taken with- Point, Humboldt Mountains, Wohlthat in Antarctica upon a finding that ex- Massif, central Dronning Maud Land. portation would be consistent with the HSM 79 Lillie Marleen Hut, Mt. purposes of the Act, the regulations in Dockery, Everett Range, Northern Vic- this part, or the permit under which toria Land. they were taken.

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§ 670.33 Content of permit applica- § 670.35 [Reserved] tions. In addition to the information re- Subpart H—Introduction of Non- quired in subpart C of this part, an ap- Indigenous Plants and Animals plicant seeking a permit to import into or export from the United States a na- § 670.36 Specific issuance criteria. tive mammal, a native bird, or native For purposes consistent with the Act, plants taken within Antarctica shall only the following plants and animals include the following in the applica- may be considered for a permit allow- tion: ing their introduction into Antarctica: (a) Information demonstrating that (a) Domestic plants; and the import or export would further the (b) Laboratory animals and plants in- purposes for which the species was cluding viruses, bacteria, yeasts, and taken; fungi. (b) Information demonstrating that Living non-indigenous species of the import or export is consistent with birds shall not be introduced into Ant- the purposes of the Act or the regula- arctica. tions in this part; § 670.37 Content of permit applica- (c) A statement as to which U.S. port tions. will be used for the import or export, and Applications for the introduction of plants and animals into Antarctica (d) Information describing the in- must describe: tended ultimate disposition of the im- (a) The species, numbers, and if ap- ported or exported item. propriate, the age and sex, of the ani- § 670.34 Entry and exit ports. mals or plants to be introduced into Antarctica; (a) Any native mammal, native bird, (b) The need for the plants or ani- or native plants taken within Antarc- mals; tica that are imported into or exported (c) What precautions the applicant from the United States must enter or will take to prevent escape or contact leave the United States at ports des- with native fauna and flora; and ignated by the Secretary of Interior in (d) How the plants or animals will be 50 CFR part 14. The ports currently removed from Antarctica or destroyed designated are: after they have served their purpose. (1) Los Angeles, California. (2) San Francisco, California. § 670.38 Conditions of permits. (3) Miami, Florida. All permits allowing the introduction (4) Honolulu, Hawaii. of non-indigenous plants and animals (5) Chicago, Illinois. will require that the animal or plant be (6) New Orleans, Louisiana. kept under controlled conditions to (7) New York, New York. prevent its escape or contact with na- (8) Seattle, Washington. tive fauna and flora and that after serving its purpose the plant or animal (9) Dallas/Fort Worth, Texas. shall be removed from Antarctica or be (10) Portland, Oregon. destroyed in manner that protects the (11) Baltimore, Maryland. natural system of Antarctica. (12) Boston, Massachusetts. (13) Atlanta, Georgia. § 670.39 [Reserved] (b) Permits to import or export at non-designated ports may be sought PART 671—WASTE REGULATION from the Secretary of Interior pursuant to subpart C, 50 CFR part 14. Subpart A—Introduction Sec. 671.1 Purpose of regulations. 671.2 Scope. 671.3 Definitions.

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