National Science Foundation § 670.2 areawide agency transmitted by a sin- 670.24 Content of permit applications. gle point of contact, in cases in which 670.25 Designation of specially protected the review, coordination, and commu- species of native mammals, birds, and nication with the Foundation have plants. been delegated. 670.26 [Reserved] (b) The Director uses the procedures Subpart F—Antarctic Specially Protected in § 660.10 if a state process provides a Areas state process recommendation to the Foundation through a single point of 670.27 Specific issuance criteria. contact. 670.28 Content of permit applications. 670.29 Designation of Antarctic specially § 660.12 [Reserved] protected areas, specially managed areas and historic sites and monuments. § 660.13 May the Director waive any 670.30 [Reserved] provision of these regulations? In an emergency, the Director may Subpart G—Import Into and Export From waive any provision of these regula- the United States tions. 670.31 Specific issuance criteria for imports. 670.32 Specific issuance criteria for exports. PART 670—CONSERVATION OF 670.33 Content of permit applications. ANTARCTIC ANIMALS AND PLANTS 670.34 Entry and exit ports. 670.35 [Reserved] Subpart A—Introduction Subpart H—Introduction of Non-Indigenous Sec. Plants and Animals 670.1 Purpose of regulations. 670.2 Scope. 670.36 Specific issuance criteria. 670.3 Definitions. 670.37 Content of permit applications. 670.38 Conditions of permits. Subpart B—Prohibited Acts, Exceptions 670.39 [Reserved] 670.4 Prohibited acts. AUTHORITY: 16 U.S.C. 2405, as amended. 670.5 Exception in extraordinary cir- cumstances. SOURCE: 63 FR 50164, Sept. 21, 1998, unless 670.6 Prior possession exception. otherwise noted. 670.7 Food exception. 670.8 Foreign permit exception. 670.9 Antarctic Conservation Act enforce- Subpart A—Introduction ment exception. 670.10 [Reserved] § 670.1 Purpose of regulations. The purpose of the regulations in this Subpart C—Permits part is to conserve and protect the na- 670.11 Applications for permits. tive mammals, birds, plants, and inver- 670.12 General issuance criteria. tebrates of Antarctica and the eco- 670.13 Permit administration. system upon which they depend and to 670.14 Conditions of permits. implement the Antarctic Conservation 670.15 Modification, suspension, and revoca- Act of 1978, Public Law 95–541, as tion. amended by the Antarctic Science, 670.16 [Reserved] Tourism, and Conservation Act of 1996, Subpart D—Native Mammals, Birds, Plants, Public Law 104–227. and Invertebrates § 670.2 Scope. 670.17 Specific issuance criteria. 670.18 Content of permit applications. The regulations in this part apply to: 670.19 Designation of native mammals. (a) Taking mammals, birds, or plants 670.20 Designation of native birds. native to Antarctica. 670.21 Designation of native plants. (b) Engaging in harmful interference 670.22 [Reserved] of mammals, birds, invertebrates, or plants native to Antarctica. Subpart E—Specially Protected Species of (c) Entering or engaging in activities Mammals, Birds, and Plants within Antarctic Specially Protected 670.23 Specific issuance criteria. Areas. 189 VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 § 670.3 45 CFR Ch. VI (10–1–12 Edition) (d) Receiving, acquiring, trans- place subject to the jurisdiction of the porting, offering for sale, selling, pur- United States, including the 12-mile chasing, importing, exporting or hav- territorial sea of the United States, ing custody, control, or possession of whether or not such act constitutes an any mammal, bird, or plant native to importation within the meaning of the Antarctica that was taken in violation customs laws of the United States. of the Act. Management plan means a plan to (e) Introducing into Antarctica any manage the activities and protect the member of a non-native species. special value or values in an Antarctic Specially Protected Area designated by § 670.3 Definitions. the United States as such a site con- In this part: sistent with plans adopted by the Ant- Act means the Antarctic Conserva- arctic Treaty Consultative Parties. tion Act of 1978, Public Law 95–541 (16 Native bird means any member, at U.S.C. 2401 et seq.) as amended by the any stage of its life cycle, of any spe- Antarctic Science, Tourism, and Con- cies of the class Aves which is indige- servation Act of 1996, Public Law 104– nous to Antarctica or occurs there sea- 227. sonally through natural migrations, Antarctic Specially Protected Area that is designated in subpart D of this means an area designated by the Ant- part. It includes any part, product, egg, arctic Treaty Parties to protect out- or offspring of or the dead body or standing environmental, scientific, his- parts thereof excluding fossils. toric, aesthetic, or wilderness values or Native invertebrate means any terres- to protect ongoing or planned sci- trial or freshwater invertebrate, at any entific research, designated in subpart stage of its life cycle, which is indige- F of this part. nous to Antarctica. It includes any Antarctica means the area south of 60 part thereof, but excludes fossils. degrees south latitude. Native mammal means any member, at Director means the Director of the any stage of its life cycle, of any spe- National Science Foundation, or an of- cies of the class Mammalia, which is ficer or employee of the Foundation indigenous to Antarctica or occurs designated by the Director. there seasonally through natural mi- Harmful interference means— grations, that is designated in subpart (a) Flying or landing helicopters or D of this part. It includes any part, other aircraft in a manner that dis- product, offspring of or the dead body turbs concentrations of birds or seals; or parts thereof but excludes fossils. (b) Using vehicles or vessels, includ- Native plant means any terrestrial or ing hovercraft and small boats, in a freshwater vegetation, including manner that disturbs concentrations of bryophytes, lichens, fungi, and algae, birds or seals; at any stage of its life cycle which is (c) Using explosives or firearms in a indigenous to Antarctica that is des- manner that disturbs concentrations of ignated in subpart D of this part. It in- birds or seals; cludes seeds and other propagules, or (d) Willfully disturbing breeding or parts of such vegetation, but excludes molting birds or concentrations of fossils. birds or seals by persons on foot; Person has the meaning given that (e) Significantly damaging con- term in section 1 of title 1, United centrations of native terrestrial plants States Code, and includes any person by landing aircraft, driving vehicles, or subject to the jurisdiction of the walking on them, or by other means; United States and any department, and agency, or other instrumentality of the (f) Any activity that results in the Federal Government or of any State or significant adverse modification of local government. habitats of any species or population of Protocol means the Protocol on Envi- native mammal, native bird, native ronmental Protection to the Antarctic plant, or native invertebrate. Treaty, signed October 4, 1991, in Ma- Import means to land on, bring into, drid, and all annexes thereto, including or introduce into, or attempt to land any future amendments to which the on, bring into or introduce into, any United States is a Party. 190 VerDate Mar<15>2010 10:17 Nov 19, 2012 Jkt 226194 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 Q:\45\45V3.TXT ofr150 PsN: PC150 National Science Foundation § 670.6 Specially Protected Species means any known, was taken in violation of the native species designated as a Spe- Act. cially Protected Species that is des- (e) Introduction of non-indigenous ani- ignated in subpart E of this part. mals and plants into Antarctica. It is un- Take or taking means to kill, injure, lawful for any person to introduce into capture, handle, or molest a native Antarctica any animal or plant which mammal or bird, or to remove or dam- is not indigenous to Antarctica or age such quantities of native plants which does not occur there seasonally that their local distribution or abun- through natural migrations, as speci- dance would be significantly affected fied in subpart H of this part, except as or to attempt to engage in such con- provided in §§ 670.7 and 670.8. duct. (f) Violations of regulations. It is un- Treaty means the Antarctic Treaty lawful for any person to violate the signed in Washington, DC on December regulations set forth in this part. 1, 1959. (g) Violation of permit conditions. It is United States means the several states unlawful for any person to violate any of the Union, the District of Columbia, term or condition of any permit issued the Commonwealth of Puerto Rico, under subpart C of this part. American Samoa, the Virgin Islands, Guam, the Commonwealth of the § 670.5 Exception in extraordinary cir- Northern Mariana Islands, and other cumstances. commonwealth, territory, or posses- (a) Emergency exception. No act de- sion of the United States. scribed in § 670.4 shall be unlawful if the person committing the act reasonably Subpart B—Prohibited Acts, believed that the act was committed Exceptions under emergency circumstances in- volving the safety of human life or of § 670.4 Prohibited acts. ships, aircraft, or equipment or facili- Unless a permit has been issued pur- ties of high value, or the protection of suant to subpart C of this part or un- the environment. less one of the exceptions stated in (b) Aiding or salvaging native mammals §§ 670.5 through 670.9 is applicable, it is or native birds. The prohibition on tak- unlawful to commit, attempt to com- ing shall not apply to any taking of na- mit, or cause to be committed any of tive mammals or native birds if such the acts described in paragraphs (a) action is necessary to: through (g) of this section.