50164 Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations following sections within those subparts delegation of future NSPS source Royds, Hut Point, and Cape Adare. that may not be delegated. Future NSPS categories upon publication of this Accordingly, the final rule has been regulations will contain a list of sections Federal Register notice. revised to incorporate these three new that will not be delegated for that The Office of Management and Budget specially protected areas. No public subpart. has exempted this rule from the comment is needed because the 1. Subpart A—§ 60.8(b) (1) thru (5), requirements of section 6 of Executive addition of these three sites merely § 60.11(e) (7) and (8), § 60.13 (g), (i) Order 12866. implements measures adopted at the and (j)(2) The Congressional Review Act, 5 ATCM. U.S.C. 801 et seq., as added by the Small 2. Subpart B—§ 60.22, § 60.27, and Determinations § 60.29 Business Regulatory Enforcement 3. Subpart Da—§ 60.45a Fairness Act of 1996, does not apply NSF has determined, under the 4. Subpart Db—§ 60.44b(f), § 60.44b(g), because this action is not a rule, as that criteria set forth in Executive Order § 60.49b(a)(4) term is defined in 5 U.S.C. 804(3). 12866, that this rule is not a significant 5. Subpart Dc—§ 60.48c(a)(4) Authority: This notice is issued under the regulatory action requiring review by 6. Subpart Ec—§ 60.56(c)(i) authority of sections 101, 110, 111, 112 and the Office of Information and Regulatory 7. Subpart J—§ 60.105(a)(13)(iii), 301 of the Clean Air Act, as Amended (42 Affairs. As required by the Regulatory § 60.106(i)(12) U.S.C. 7401, 7410, 7411, 7412 and 7601). Flexibility Act, it is hereby certified that 8. Subpart Ka—§ 60.114a Dated: September 8, 1998. this rule will not have a significant 9. Subpart Kb—§ 60.111b(f)(4), A. Stanley Meiburg, impact on a substantial number of small § 60.114b, § 60.116b(e)(3) (iii) and (iv), Acting Regional Administrator, Region 4. businesses. For purposes of the Paperwork Reduction Act (44 U.S.C. § 60.116b(f)(2)(iii) [FR Doc. 98–25203 Filed 9–18–98; 8:45 am] 3501 et seq.), the permit application and 10. Subpart O—§ 60.153(e) BILLING CODE 6560±50±P 11. Subpart EE—§ 60.316(d) reporting collection of information 12. Subpart GG—§ 60.334(b)(2), requirements have been approved by the Office of Management and Budget (OMB § 60.335(f)(1) NATIONAL SCIENCE FOUNDATION 13. Subpart RR—§ 60.446(c) No. 3145–0034). Finally, NSF has 14. Subpart SS—§ 60.456(d) 45 CFR Part 670 reviewed this rule in light of section 2 15. Subpart TT—§ 60.466(d) of Executive Order 12778 and I certify 16. Subpart UU—§ 60.474(g) RIN 3145±AA34 for the National Science Foundation 17. Subpart VV—§ 60.482–1(c)(2) and that this rule meets the applicable Conservation of Antarctic Animals and standards provided in sections 2(a) and § 60.484 Plants 18. Subpart WW—§ 60.496(c) 2(b) of that order. 19. Subpart XX—§ 60.502(e)(6) AGENCY: National Science Foundation List of Subjects in 45 CFR Part 670 20. Subpart AAA—§ 60.533, § 60.534, (NSF). Administrative practice and § 60.535, § 60.536(i)(2), § 60.537, ACTION: Final rule. § 60.538(e), § 60.539 procedure, Antarctica, Exports, Imports, 21. Subpart BBB—§ 60.543(c)(2)(ii)(B) SUMMARY: NSF is issuing a final rule that Reporting and recordkeeping 22. Subpart DDD—§ 60.562–2(c) amends its existing regulations for the requirements, Wildlife. 23. Subpart III—§ 60.613(e) conservation and protection of Antarctic Dated: September 9, 1998 24. Subpart NNN—§ 60.663(e) animals and plants. These revisions Lawrence Rudolph, 25. Subpart RRR—§ 60.703(e) implement amendments to the Antarctic General Counsel, National Science 26. Subpart SSS—§ 60.711(a)(16), Conservation Act of 1978 contained in Foundation. § 60.713(b)(1)(i), § 60.713(b)(1)(ii), the Antarctic Science Tourism and For the reasons set forth in the § 60.713(b)(5)(i), § 60.713(d), Conservation Act of 1996. preamble, the National Science § 60.715(a), § 60.716 EFFECTIVE DATE: November 5, 1998. Foundation hereby revises 45 CFR part 27. Subpart TTT—§ 60.723(b)(1), FOR FURTHER INFORMATION CONTACT: 670 to read as follows: § 60.723(b)(2)(i)(C), § 60.723(b)(2)(iv), Anita Eisenstadt, Office of the General § 60.724(e), § 60.725(b) Counsel, at 703–306–1060. PART 670ÐCONSERVATION OF 28. Subpart VVV—§ 60.743(a)(3)(v)(A) SUPPLEMENTARY INFORMATION: On June 2, ANTARCTIC ANIMALS AND PLANTS and (B), § 60.743(e), § 60.745(a), § 60.746 1998, the National Science Foundation Subpart AÐIntroduction After a thorough review of the (NSF) published a proposed rule to request, the Regional Administrator has revise its existing regulations for the Sec. determined that such a delegation conservation and protection of Antarctic 670.1 Purpose of regulations. request was appropriate for all source animals and plants and invited public 670.2 Scope. categories. All sources subject to the comment on the rule. (63 FR 29963). 670.3 Definitions. requirements of 40 CFR Part 60 will The only public comment concerned a Subpart BÐProhibited Acts, Exceptions now be under the jurisdiction of the typographical error in the Federal 670.4 Prohibited acts. State of Florida. Register notice. 670.5 Exception in extraordinary Since review of the pertinent laws, Since the proposed rule was circumstances. rules, and regulations for the State published, the Antarctic Treaty Parties 670.6 Prior possession exception. agency has shown them to be adequate adopted a measure to establish three 670.7 Food exception. for implementation and enforcement of additional specially protected areas. At 670.8 Foreign permit exception. existing, previously adopted, the 22nd Antarctic Treaty Consultative 670.9 Antarctic Conservation Act undelegated NSPS and future NSPS, Meeting (ATCM) held in Tromso, enforcement exception. 670.10 [Reserved] EPA hereby notifies the public that it Norway from May 25, 1998 to June 5, has delegated the authority for existing, 1998, the Parties adopted Measure 1 Subpart CÐPermits previously adopted and undelegated (1998) which added as specially 670.11 Applications for permits. NSPS as well as the mechanism for protected areas the historic sites at Cape 670.12 General issuance criteria. Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations 50165

670.13 Permit administration. (d) Receiving, acquiring, transporting, consistent with plans adopted by the 670.14 Conditions of permits. offering for sale, selling, purchasing, Antarctic Treaty Consultative Parties. 670.15 Modification, suspension, and importing, exporting or having custody, Native bird means any member, at any revocation. control, or possession of any mammal, stage of its life cycle, of any species of 670.16 [Reserved] bird, or plant native to Antarctica that the class Aves which is indigenous to Subpart DÐNative Mammals, Birds, Plants, was taken in violation of the Act. Antarctica or occurs there seasonally and Invertebrates (e) Introducing into Antarctica any through natural migrations, that is 670.17 Specific issuance criteria. member of a non-native species. designated in subpart D of this part. It 670.18 Content of permit applications. includes any part, product, egg, or 670.19 Designation of native mammals. § 670.3 Definitions. offspring of or the dead body or parts 670.20 Designation of native birds. In this part: thereof excluding fossils. 670.21 Designation of native plants. Act means the Antarctic Conservation Native invertebrate means any 670.22 [Reserved] Act of 1978, Public Law 95–541 (16 terrestrial or freshwater invertebrate, at Subpart EÐSpecially Protected Species of U.S.C. 2401 et seq.) as amended by the any stage of its life cycle, which is Mammals, Birds, and Plants Antarctic Science, Tourism, and indigenous to Antarctica. It includes 670.23 Specific issuance criteria. Conservation Act of 1996, Public Law any part thereof, but excludes fossils. 670.24 Content of permit applications. 104–227. Native mammal means any member, 670.25 Designation of specially protected Antarctic Specially Protected Area at any stage of its life cycle, of any species of native mammals, birds and means an area designated by the species of the class Mammalia, which is plants. Antarctic Treaty Parties to protect indigenous to Antarctica or occurs there 670.26 [Reserved] outstanding environmental, scientific, seasonally through natural migrations, Subpart FÐAntarctic Specially Protected historic, aesthetic, or wilderness values that is designated in subpart D of this Areas or to protect ongoing or planned part. It includes any part, product, 670.27 Specific issuance criteria. scientific research, designated in offspring of or the dead body or parts 670.28 Content of permit applications. subpart F of this part. thereof but excludes fossils. 670.29 Designation of Antarctic specially Antarctica means the area south of 60 Native plant means any terrestrial or protected areas. degrees south latitude. freshwater vegetation, including 670.30 [Reserved] Director means the Director of the bryophytes, lichens, fungi, and algae, at Subpart GÐImport into and Export from the National Science Foundation, or an any stage of its life cycle which is United States officer or employee of the Foundation indigenous to Antarctica that is designated by the Director. designated in subpart D of this part. It 670.31 Specific issuance criteria for Harmful interference means— imports. includes seeds and other propagules, or 670.32 Specific issuance criteria for (a) Flying or landing helicopters or parts of such vegetation, but excludes exports. other aircraft in a manner that disturbs fossils. 670.33 Content of permit applications. concentrations of birds or seals; Person has the meaning given that 670.34 Entry and exit ports. (b) Using vehicles or vessels, term in section 1 of title 1, United States 670.35 [Reserved] including hovercraft and small boats, in Code, and includes any person subject Subpart HÐIntroduction of Non-Indigenous a manner that disturbs concentrations of to the jurisdiction of the United States Plants and Animals birds or seals; and any department, agency, or other (c) Using explosives or firearms in a instrumentality of the Federal 670.36 Specific issuance criteria. manner that disturbs concentrations of 670.37 Content of permit applications. Government or of any State or local 670.38 Conditions of permits. birds or seals; government. 670.39 [Reserved] (d) Willfully disturbing breeding or Protocol means the Protocol on molting birds or concentrations of birds Authority: 16 U.S.C. 2405, as amended. Environmental Protection to the or seals by persons on foot; Antarctic Treaty, signed October 4, 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 50166 Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations

Northern Mariana Islands, and other prohibition on taking shall not apply to § 670.10 [Reserved] commonwealth, territory, or possession any taking of native mammals or native of the United States. birds if such action is necessary to: Subpart CÐPermits (1) Aid a sick, injured or orphaned Subpart BÐProhibited Acts, § 670.11 Applications for permits. specimen; Exceptions (a) General content of permit (2) Dispose of a dead specimen; or applications. All applications for a § 670.4 Prohibited acts. (3) Salvage a dead specimen which permit shall be dated and signed by the Unless a permit has been issued may be useful for scientific study. applicant and shall contain the pursuant to subpart C of this part or (c) Reporting. Any actions taken following information: unless one of the exceptions stated in under the exceptions in this section (1) The name and address of the §§ 670.5 through 670.9 is applicable, it shall be reported promptly to the applicant; is unlawful to commit, attempt to Director. (i) Where the applicant is an commit, or cause to be committed any individual, the business or institutional of the acts described in paragraphs (a) § 670.6 Prior possession exception. affiliation of the applicant must be through (g) of this section. (a) Exception. Section 670.4 shall not included; or (a) Taking of native mammal, bird or apply to: (ii) Where the applicant is a plants. It is unlawful for any person to corporation, firm, partnership, or take within Antarctica a native (1) any native mammal, bird, or plant institution, or agency, either private or mammal, a native bird, or native plants. which is held in captivity on or before public, the name and address of its (b) Engaging in harmful interference. October 28, 1978; or president or principal officer must be It is unlawful for any person to engage (2) Any offspring of such mammal, included. in harmful interference in Antarctica of bird, or plant. (2) Where the applicant seeks to native mammals, native birds, native (b) Presumption. With respect to any engage in a taking, plants or native invertebrates. prohibited act set forth in § 670.4 which (i) The scientific names, numbers, and (c) Entry into Antarctic specially occurs after April 29, 1979, the Act description of native mammals, native designated areas. It is unlawful for any creates a rebuttable presumption that birds or native plants to be taken; and person to enter or engage in activities the native mammal, native bird, or (ii) Whether the native mammals, within any Antarctic Specially native plant involved in such act was birds, or plants, or part of them are to Protected Area. not held in captivity on or before be imported into the United States, and (d) Possession, sale, export, and October 28, 1978, or was not an if so, their ultimate disposition. import of native mammals, birds, and offspring referred to in paragraph (a) of (3) Where the applicant seeks to plants. It is unlawful for any person to this section. engage in a harmful interference, the receive, acquire, transport, offer for sale, scientific names, numbers, and sell, purchase, export, import, or have § 670.7 Food exception. description of native birds or native custody, control, or possession of, any Paragraph (e) of § 670.4 shall not seals to be disturbed; the scientific native bird, native mammal, or native apply to the introduction of animals and names, numbers, and description of plant which the person knows, or in the plants into Antarctica for use as food as native plants to be damaged; or the exercise of due care should have known, long as animals and plants used for this scientific names, numbers, and was taken in violation of the Act. purpose are kept under carefully description of native invertebrates, (e) Introduction of non-indigenous controlled conditions. This exception native mammals, native plants, or native animals and plants into Antarctica. It is shall not apply to living species of birds whose habitat will be adversely unlawful for any person to introduce animals. Unconsumed poultry or its modified; into Antarctica any animal or plant parts shall be removed from Antarctica (4) A complete description of the which is not indigenous to Antarctica or unless incinerated, autoclaved or location, time period, and manner in which does not occur there seasonally otherwise sterilized. which the taking or harmful interference through natural migrations, as specified would be conducted, including the in subpart H of this part, except as § 670.8 Foreign permit exception. proposed access to the location; provided in §§ 670.7 and 670.8. (5) Where the application is for the (f) Violations of regulations. It is Paragraphs (d) and (e) of § 670.4 shall not apply to transporting, carrying, introduction of non-indigenous plants unlawful for any person to violate the or animals, the scientific name and the regulations set forth in this part. receiving, or possessing native mammals, native plants, or native birds number to be introduced; (g) Violation of permit conditions. It is (6) Whether agents as referred to in unlawful for any person to violate any or to the introduction of non-indigenous animals and plants when conducted by § 670.13 will be used; and term or condition of any permit issued (7) The desired effective dates of the under subpart C of this part. an agency of the United States Government on behalf of a foreign permit. § 670.5 Exception in extraordinary national operating under a permit (b) Content of specific permit circumstances. issued by a foreign government to give applications. In addition to the general (a) Emergency exception. No act effect to the Protocol. information required for permit described in § 670.4 shall be unlawful if applications set forth in this subpart, the the person committing the act § 670.9 Antarctic Conservation Act applicant must submit additional enforcement exception. reasonably believed that the act was information relating to the specific committed under emergency Paragraphs (a) through (d) of § 670.4 action for which the permit is being circumstances involving the safety of shall not apply to acts carried out by an sought. These additional requirements human life or of ships, aircraft, or Antarctic Conservation Act Enforcement are set forth in the sections of this part equipment or facilities of high value, or Officer (designated pursuant to 45 CFR dealing with the subject matter of the the protection of the environment. 672.3) if undertaken as part of the permit applications as follows: (b) Aiding or salvaging native Antarctic Conservation Act Enforcement Native Mammals, Birds, Plants, and mammals or native birds. The Officer’s official duties. Invertebrates—Section 670.17 Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations 50167

Specially Protected Species—Section 670.23 whole or part. Permits shall be issued in § 670.14 Conditions of permits. Specially Protected Areas—Section 670.27 writing and signed by the Director. Each (a) Possession of permits. Permits Import and Export—Section 670.31 permit may contain such terms and issued under the regulations in this part, Introduction of Non-Indigenous Plants and conditions as are consistent with the Animals—Section 670.36 or copies of them, must be in the Act and this part. possession of persons to whom they are (c) Certification. Applications for (b) Denial. The applicant shall be issued and their agents when permits shall include the following notified in writing of the denial of any conducting the authorized action. certification: permit request or part of a request and (b) Display of permits. Any permit I certify that the information submitted in of the reason for such denial. If issued shall be displayed for inspection this application for a permit is complete and authorized in the notice of denial, the upon request to the Director, designated accurate to the best of my knowledge and applicant may submit further agents of the Director, or any person belief. Any false statement will subject me to information or reasons why the permit with enforcement responsibilities. the criminal penalties of 18 U.S.C. 1001. should not be denied. Such further (c) Filing of reports. Permit holders (d) Address to which applications submissions shall not be considered a are required to file reports of the should be sent. Each application shall new application. activities conducted under a permit. be in writing, addressed to: (c) Amendment of applications or Reports shall be submitted to the permits. An applicant or permit holder Permit Officer, Office of Polar Programs, Director not later than June 30 for the National Science Foundation, Room 755, desiring to have any term or condition preceding 12 months. 4201 Wilson Boulevard, Arlington, of his application or permit modified § 670.15 Modification, suspension, and Virginia 22230. must submit full justification and supporting information in conformance revocation. (e) Sufficiency of application. The with the provisions of this subpart and (a) The Director may modify, suspend, sufficiency of the application shall be the subpart governing the activities or revoke, in whole or in part, any determined by the Director. The sought to be carried out under the permit issued under this subpart: Director may waive any requirement for modified permit. Any application for (1) In order to make the permit information, or request additional modification of a permit that involves a consistent with any change to any information as determined to be material change beyond the terms regulation in this part made after the relevant to the processing of the originally requested will normally be date of issuance of this permit; application. subject to the same procedures as a new (2) If there is any change in conditions (f) Withdrawal. An applicant may application. which make the permit inconsistent withdraw an application at any time. (d) Notice of issuance or denial. with the purpose of the Act and the (g) Publication of permit applications. Within 10 days after the date of the regulations in this part; or The Director shall publish notice in the issuance or denial of a permit, the (3) In any case in which there has Federal Register of each application for Director shall publish notice of the been any violation of any term or a permit. The notice shall invite the issuance or denial in the Federal condition of the permit, any regulation submission by interested parties, within Register. in this part, or any provision of the Act. 30 days after the date of publication of (e) Agents of the permit holder. The (b) Whenever the Director proposes the notice, of written data, comments, or Director may authorize the permit any modifications, suspension, or views with respect to the application. holder to designate agents to act on revocation of a permit under this Information received by the Director as behalf of the permit holder. section, the permittee shall be afforded a part of any application shall be (f) Marine mammals, endangered opportunity, after due notice, for a available to the public as a matter of species, and migratory birds. If the hearing by the Director with respect to public record. Director receives a permit application such proposed modification, suspension § 670.12 General issuance criteria. involving any native mammal which is or revocation. If a hearing is requested, a marine mammal as defined by the the action proposed by the Director Upon receipt of a complete and Marine Mammal Protection Act of 1972 shall not take effect before a decision is properly executed application for a (16 U.S.C. 1362(5)), any species which issued by him after the hearing, unless permit and the expiration of the is an endangered or threatened species the proposed action is taken by the applicable public comment period, the under the Endangered Species Act of Director to meet an emergency situation. Director will decide whether to issue 1973 (16 U.S.C. 1531 et seq.) or any (c) Notice of the modification, the permit. In making the decision, the native bird which is protected under the suspension, or revocation of any permit Director will consider, in addition to the Migratory Bird Treaty Act (16 U.S.C. by the Director shall be published in the specific criteria set forth in the 701 et seq.), the Director shall submit a Federal Register, within 10 days from appropriate subparts of this part: copy of the application to the Secretary the date of the Director’s decision. (a) Whether the authorization of Commerce or to the Secretary of the requested meets the objectives of the Interior, as appropriate. If the § 670.16 [Reserved] Act and the requirements of the appropriate Secretary determines that a regulations in this part; Subpart DÐNative Mammals, Birds, (b) The judgment of persons having permit should not be issued pursuant to Plants, and Invertebrates expertise in matters germane to the any of the cited acts, the Director shall application; and not issue a permit. The Director shall § 670.17 Specific issuance criteria. (c) Whether the applicant has failed to inform the applicant of any denial by With the exception of specially disclose material information required the appropriate Secretary and no further protected species of mammals, birds, or has made false statements about any action shall be taken on the application. and plants designated in subpart E of material fact in connection with the If, however, the appropriate Secretary this part, permits to engage in a taking application. issues a permit pursuant to the or harmful interference: requirements of the cited acts, the (a) May be issued only for the purpose § 670.13 Permit administration. Director still must determine whether of providing— (a) Issuance of the permits. The the proposed action is consistent with (1) Specimens for scientific study or Director may approve any application in the Act and the regulations in this part. scientific information; or 50168 Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations

(2) Specimens for museums, Sei whale—Balaenoptera borealis Sooty—Puffinus griseus. zoological gardens, or other educational Southern right whale—Balaena glacialis Skua: or cultural institutions or uses; or australis Brown—Catharacta lonnbergi (3) For unavoidable consequences of Sperm whale—Physeter macrocephalus South Polar—Catharacta maccormicki. scientific activities or the construction Small Cetaceans (Dolphins and porpoises): Swallow: Arnoux’s beaked whale—Berardius Barn—Hirundo rustica. and operation of scientific support arnuxii. Sheathbill: facilities; and Commerson’s dolphin—Cephalorhynchus American—Chionis alba. (b) Shall ensure, as far as possible, commersonii Tern: that— Dusky dolphin—Lagenorhynchus obscurus Antarctic—Sterna vittata. (1) No more native mammals, birds, or Hourglass dolphin—Lagenorhynchus Arctic—Sterna paradisaea. plants are taken than are necessary to cruciger meet the purposes set forth in paragraph Killer whale—Orcinus orca § 670.21 Designation of native plants. (a) of this section; Long-finned pilot whale—Globicephala All plants whose normal range is melaena (2) No more native mammals or native limited to, or includes Antarctica are birds are taken in any year than can Southern bottlenose whale—Hyperoodon planifrons. designated native plants, including: normally be replaced by net natural Southern right whale dolphin— Bryophytes reproduction in the following breeding Lissodelphis peronii Freshwater algae season; Spectacled porpoise—Phocoena dioptrica (3) The variety of species and the Fungi balance of the natural ecological § 670.20 Designation of native birds. Lichens systems within Antarctica are The following are designated native Marine algae maintained; and birds: Vascular Plants (4) The authorized taking, Albatross: transporting, carrying, or shipping of Black-browed—Diomedea melanophris. § 670.22 [Reserved] any native mammal or bird is carried Gray-head—Diomedea chrysostoma. out in a humane manner. Light-mantled sooty—Phoebetria Subpart EÐSpecially Protected palpebrata. Species of Mammals, Birds and Plants § 670.18 Content of permit applications. Wandering—Diomedea exulans. Fulmer: § 670.23 Specific issuance criteria. In addition to the information Northern Giant—Macronectes halli. required in subpart C of this part, an Southern—Fulmarus glacialoides. Permits authorizing the taking of applicant seeking a permit to take a Southern Giant—Macronectes giganteus. mammals, birds, or plants designated as native mammal or native bird shall Gull: a Specially Protected Species of include a complete description of the Southern Black-backed—Larus mammals, birds, and plants in § 670.25 project including the purpose of the dominicanus. may only be issued if: proposed taking, the use to be made of Jaeger: (a) There is a compelling scientific the native mammals or native birds, and Parasitic—Stercorarius parasiticus. purpose for such taking; the ultimate disposition of the native Pomarine—Stercorarius pomarius. Penguin: (b) The actions allowed under any mammals and birds. An applicant Adelie—Pygoscelis adeliae. such permit will not jeopardize the seeking a permit to engage in a harmful Chinstrap—Pygoscelis antarctica. existing natural ecological system, or interference shall include a complete Emperor—Aptenodytes forsteri. the survival of the affected species or description of the project including the Gentoo—Pygoscelis papua. population; purpose of the activity which will result King—Aptenodytes patagonicus. (c) The taking involves non-lethal Macaroni—Eudyptes chrysolophus. in the harmful interference. Sufficient techniques, where appropriate; and information must be provided to Rockhopper—Eudyptes crestatus. (d) The authorized taking, establish that the taking, harmful Petrel: transporting, carrying or shipping will interference, transporting, carrying, or Antarctic—Thalassoica antarctica. Black-bellied Storm—Fregatta tropica. be carried out in a humane manner. shipping of a native mammal or bird Blue-Halobaena caerulea. shall be humane. Gray—Procellaria cinerea. § 670.24 Content of permit applications. § 670.19 Designation of native mammals. Great-winged—Pterodroma macroptera. In addition to the information Kerguelen—Pterodroma macroptera. required in subpart C of this part, an The following are designated native Kerguelen—Pterodroma brevirostris. mammals: Mottled—Pterodroma inexpectata. applicant seeking a permit to take a Specially Protected Species shall Pinnipeds: Snow—Pagodroma nivea. Crabeater seal—Lobodon carcinophagus. Soft-plumaged—Pterodroma mollis. include the following in the application: Leopard seal—Hydrurga leptonyx. South-Georgia Diving—Pelecanoides (a) A detailed scientific justification of Ross seal—Ommatophoca rossi.1 georgicus. the need for taking the Specially Southern elephant seal—Mirounga leonina. White-bellied Storm—Fregetta grallaria. Protected Species, including a Southern fur seals—Arctocephalus spp.1 White-chinned—Procellaria aequinoctialis. discussion of possible alternative White-headed—Pterodroma lessonia. Weddell seal—Leptonychotes weddelli. species; Large Cetaceans (Whales): Wilson’s Storm—Oceanites oceanicus. Blue whale—Balaenoptera musculus. Pigeon: (b) Information demonstrating that the Fin whale—Balaenoptera physalus. Cape—Daption capense. proposed action will not jeopardize the Humpback whale—Megaptera Pintail: existing natural ecological system or the novaeangliae. South American Yellow-billed—Anas survival of the affected species or Minke whale—Balaenoptera acutrostrata. georgica spinicauda. population; and Prion: Pygmy blue whale—Balaenoptera (c) Information establishing that the musculus brevicauda Antarctic—Pachyptila desolata. Narrow-billed—Pachyptila belcheri. taking, transporting, carrying, or 1 These species of mammals have been designated Shag: shipping of any native bird or native as specially protected species and are subject to Blue-eyed—Phalacrocorax atriceps. mammal will be carried out in a subpart E of this part. Shearwater: humane manner. Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations 50169

§ 670.25 Designation of specially ASPA 103, Ardrey Island and Odbert Island, ASPA 146, South Bay, Doumer Island, protected species of native mammals, birds Budd Coast. Palmer Archipelago. and plants. ASPA 104, Sabrina Island, Balleny Islands. ASPA 147, Ablation Point-Ganymede The following two species have been ASPA 105, Beaufort Island, Ross Sea. Heights, Alexander Island. designated as Specially Protected ASPA 106, Cape Hallett, Victoria Land. ASPA 148, Mount Flora, Hope Bay, Antarctic ASPA 107, Dion Islands, Marguerite Bay, Species by the Antarctic Treaty Parties Peninsula. Antarctic Peninsula. ASPA 149, Cape Shirreff, Livingston Island, and are hereby designated Specially ASPA 108, Green Island, Berthelot Islands, South Shetland Islands. Protected Species: Antarctic Peninsula. ASPA 150, Ardley Island, Maxwell Bay, King Common Name and Scientific Name ASPA 109, Moe Island, South Orkney George Island, South Shetland Islands. Kerguelen Fur Seal—Arctocephalus Islands. ASPA 151, Lions Rump, King George Island, tropicales gazella. ASPA 110, Lynch Island, South Orkney South Shetland Islands. Ross Seal—Ommatophoca rossi. Islands. ASPA 152, Western Bransfield Strait, off Low ASPA 111, Southern Powell Island and Island, South Shetland Islands. § 670.26 [Reserved]. adjacent islands, South Orkney Islands. ASPA 153, East Dallmann Bay, off Brabant ASPA 112, Coppermine Peninsula, Robert Island. Subpart FÐAntartic Specially Island. ASPA 154, Cape Evans Historic Site. Protected Areas ASPA 113, Litchfield Island, Arthur Harbor, ASPA 155, Lewis Bay Tomb. Palmer Archipelago. ASPA 156, Hut and associated artifacts, § 670.27 Specific issuance criteria. ASPA 114, North Coronation Island, South Backdoor Bay, Cape Royds, Ross Island. Permits authorizing entry into any Orkney Islands. ASPA 157, Discovery Hut, Hut Point, Ross Antarctic Specially Protected Area ASPA 115, Lagotellerie Island, Marguerite Island. Bay. designated in § 670.29 may only be ASPA 158, Huts and associated artifacts, ASPA 116, ‘New College Valley’, Caughley Cape Adare. issued if: Beach, Cape Bird, Ross Island. (a) The entry and activities to be ASPA 117, Avian Island, Northwest § 670.30 [Reserved]. engaged in are consistent with an Marguerite Bay. approved management plan, or ASPA 118, Cryptogam Ridge, Mount Subpart GÐImport into and Export (b) A management plan relating to the Melbourne, Victoria Land. From the United States area has not been approved by the ASPA 119, Forlidas Pond and Davis Valley Antarctic Treaty Parties, but Ponds. § 670.31 Specific issuance criteria for (1) There is a compelling scientific ASPA 120, Pointe-Geologie Archipelago imports. purpose for such entry which cannot be ASPA 121, Cape Royds, Ross Island. Subject to compliance with other served elsewhere, and ASPA 122, Arrival Heights, Hut Point applicable law, any person who takes a Peninsula, Ross Island. native mammal, bird, or plant under a (2) The actions allowed under the ASPA 123, Barwick Valley, Victoria Land. permit will not jeopardize the natural ASPA 124, Cape Crozier, Ross Island. permit issued under the regulations in ecological system existing in such area. ASPA 125, Fildes Peninsula, King George this part may import it into the United Island, South Shetland Islands. States unless the Director finds that the § 670.28 Content of permit application. ASPA 126, Byers Peninsula, Livingston importation would not further the In addition to the information Island, South Shetland Islands. purpose for which it was taken. If the required in subpart C of this part, an ASPA 127, Haswell Island. importation is for a purpose other than applicant seeking a permit to enter an ASPA 128, Western Shore of Admiralty Bay, that for which the native mammal, bird, Antarctic Specially Protected Area shall King George Island. or plant was taken, the Director may include the following in the application: ASPA 129, Rothera Point, Adelaide Island. permit importation upon a finding that ASPA 130, Tramway Ridge, Mt. Erebus, Ross (a) A detailed justification of the need importation would be consistent with for such entry, including a discussion of Island. ASPA 131, Canada Glacier, Lake Fryxell, the purposes of the Act, the regulations alternatives; Taylor Valley, Victoria Land. in this part, or the permit under which (b) Information demonstrating that the ASPA 132, Potter Peninsula, King George they were taken. proposed action will not jeopardize the Island, South Shetland Islands. unique natural ecological system in that ASPA 133, Harmony Point. § 670.32 Specific issuance criteria for area; and ASPA 134, Cierva Point and nearby islands, exports. (c) Where a management plan exists, Danco Coast, Antarctic Peninsula. The Director may permit export from information demonstrating the ASPA 135, Bailey Peninsula, Budd Coast, the United States of any native mammal, consistency of the proposed actions Wilkes Land. bird, or native plants taken within with the management plan. ASPA 136, Clark Peninsula, Budd Coast, Antarctica upon a finding that Wilkes Land. exportation would be consistent with ASPA 137, Northwest White Island, § 670.29 Designation of Antarctic specially the purposes of the Act, the regulations protected areas. McMurdo Sound. in this part, or the permit under which The following areas have been ASPA 138, Linnaeus Terrace, Asgard Range, Victoria Land. they were taken. designated by the Antarctic Treaty ASPA 139, Biscoe Point, Anvers Island, § 670.33 Content of permit applications. Parties for special protection and are Palmer Archipelago. hereby designated as Antarctic Specially ASPA 140, Shores of Port Foster, Deception In addition to the information Protected Areas. Detailed maps and Island, South Shetland Islands. required in subpart C of this part, an descriptions of the sites and complete ASPA 141, Yukidori Valley, Langhovde, applicant seeking a permit to import management plans can be obtained from Lutzow-Holm Bay. into or export from the United States a the National Science Foundation, Office ASPA 142, Svarthamaren Mountain, Muhlig- native mammal, a native bird, or native of Polar Programs, National Science Hofmann Mountains, Queen Maud Land. plants taken within Antarctica shall Foundation, Room 755, 4201 Wilson ASPA 143, Marine Plain, Mule Peninsula, Vestfold Hills, Princess Elizabeth Land. include the following in the application: Boulevard, Arlington, Virginia 22230. ASPA 144, Chile Bay (Discovery Bay), (a) Information demonstrating that the ASPA 101, Taylor Rookery, MacRobertson Greenwich Island, South Shetland Islands. import or export would further the Land. ASPA 145, Port Foster, Deception Island, purposes for which the species was ASPA 102, Rookery Islands, Holme Bay. South Shetland Islands. taken; 50170 Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations

(b) Information demonstrating that the § 670.38 Conditions of permits. List of Subjects in 50 CFR Part 20 import or export is consistent with the All permits allowing the introduction Exports, Hunting, Imports, Reporting purposes of the Act or the regulations in of non-indigenous plants and animals and recordkeeping requirements, this part; will require that the animal or plant be Transportation, Wildlife. (c) A statement as to which U.S. port kept under controlled conditions to will be used for the import or export, Dated: September 14, 1998. prevent its escape or contact with native Donald Barry, and fauna and flora and that after serving its (d) Information describing the Assistant Secretary for Fish and Wildlife and purpose the plant or animal shall be Parks. intended ultimate disposition of the removed from Antarctica or be [FR Doc. 98–25118 Filed 9–18–98; 8:45 am] imported or exported item. destroyed in manner that protects the BILLING CODE 4310±55±P § 670.34 Entry and exit ports. natural system of Antarctica. (a) Any native mammal, native bird, § 670.39 [Reserved]. or native plants taken within Antarctica [FR Doc. 98–24993 Filed 9–18–98; 8:45 am] DEPARTMENT OF COMMERCE that are imported into or exported from BILLING CODE 7555±01±P the United States must enter or leave the National Oceanic and Atmospheric United States at ports designated by the Administration Secretary of Interior in 50 CFR part 14. 50 CFR Part 679 The ports currently designated are: DEPARTMENT OF THE INTERIOR (1) Los Angeles, California. [Docket No. 971208297±8054±02; I.D. (2) San Francisco, California. Fish and Wildlife Service 091598B] (3) Miami, Florida. (4) Honolulu, Hawaii. 50 CFR Part 20 Fisheries of the Exclusive Economic (5) Chicago, Illinois. Zone Off Alaska; Pollock in Statistical (6) New Orleans, Louisiana. RIN 1018±AE93 Area 630 of the Gulf of Alaska (7) New York, New York. AGENCY: National Marine Fisheries (8) Seattle, Washington. Migratory Bird Hunting; Early Seasons Service (NMFS), National Oceanic and (9) Dallas/Fort Worth, Texas. and Bag and Possession Limits for Atmospheric Administration (NOAA), (10) Portland, Oregon. Certain Migratory Game Birds in the Commerce. (11) Baltimore, Maryland. Contiguous United States, Alaska, (12) Boston, Massachusetts. Hawaii, Puerto Rico, and the Virgin ACTION: Closure. (13) Atlanta, Georgia. Islands; Correction (b) Permits to import or export at non- SUMMARY: NMFS is prohibiting directed fishing for pollock in Statistical Area designated ports may be sought from the AGENCY: Fish and Wildlife Service, 630 of the Gulf of Alaska (GOA). This Secretary of Interior pursuant to subpart Interior. C, 50 CFR part 14. action is necessary to prevent exceeding ACTION: Final rule; correction. the 1998 total allowable catch (TAC) of § 670.35 [Reserved]. pollock in this area. SUMMARY: The U.S. Fish and Wildlife DATES: Effective 1200 hrs, Alaska local Subpart HÐIntroduction of Non- Service published a document in the time (A.l.t.), September 16, 1998, until Indigenous Plants and Animals Federal Register of August 31, 1998, 2400 hrs, A.l.t., December 31, 1998. § 670.36 Specific issuance criteria. prescribing the hunting seasons, hours, FOR FURTHER INFORMATION CONTACT: areas, and daily bag and possession Thomas Pearson, 907–486-6919. For purposes consistent with the Act, limits of mourning, white-winged, and SUPPLEMENTARY INFORMATION: NMFS only the following plants and animals white-tipped doves; band-tailed may be considered for a permit allowing manages the groundfish fishery in the pigeons; rails; moorhens and gallinules; GOA exclusive economic zone their introduction into Antarctica: woodcock; common snipe; sandhill (a) Domestic plants; and according to the Fishery Management cranes; sea ducks; early (September) Plan for Groundfish of the Gulf of (b) Laboratory animals and plants waterfowl seasons; migratory game birds including viruses, bacteria, yeasts, and Alaska (FMP) prepared by the North in Alaska, Hawaii, Puerto Rico, and the Pacific Fishery Management Council fungi. Virgin Islands; and some extended Living non-indigenous species of under authority of the Magnuson- falconry seasons. The document Stevens Fishery Conservation and birds shall not be introduced into contained incorrect information Antarctica. Management Act. Regulations governing concerning the date of the youth fishing by U.S. vessels in accordance § 670.37 Content of permit applications. waterfowl hunting day in Nebraska. with the FMP appear at subpart H of 50 Applications for the introduction of DATES: This rule is effective on CFR part 600 and 50 CFR part 679. plants and animals into Antarctica must September 1, 1998. In accordance with § 679.20(c)(3)(ii), describe: the Final 1998 Harvest Specifications of FOR FURTHER INFORMATION CONTACT: (a) The species, numbers, and if Groundfish for the GOA (63 FR 12027, Robert J. Blohm, Acting Chief, Office of appropriate, the age and sex, of the March 12, 1998) established the amount Migratory Bird Management, U.S. Fish animals or plants to be introduced into of the 1998 TAC of pollock in Statistical and Wildlife Service, Department of the Antarctica; Area 630 of the GOA as 39,315 metric Interior, (703) 358–1838. (b) The need for the plants or animals; tons (mt). (c) What precautions the applicant SUPPLEMENTARY INFORMATION: In the In accordance with § 679.20(d)(1)(i), will take to prevent escape or contact Federal Register issue of August 31, the Administrator, Alaska Region, with native fauna and flora; and 1998 (63 FR 46336), on page 46350, in NMFS (Regional Administrator), has (d) How the plants or animals will be the second column, the entry for determined that the 1998 TAC for removed from Antarctica or destroyed Nebraska’s Youth Waterfowl Hunting pollock will be reached. Therefore, the after they have served their purpose. Day is corrected to read September 19. Regional Administrator is establishing a