§ 660.11 45 CFR Ch. VI (10–1–20 Edition) (b) In any explanation under para- PART 670—CONSERVATION OF graph (a)(3) of this section, the Direc- ANTARCTIC ANIMALS AND PLANTS tor informs the single point of contact that: Subpart A—Introduction (1) The Foundation will not imple- ment its decision for at least ten days Sec. after the single point of contact re- 670.1 Purpose of regulations. 670.2 Scope. ceives the explanation; or 670.3 Definitions. (2) The Director has reviewed the de- cision and determined that, because of Subpart B—Prohibited Acts, Exceptions unusual circumstances, the waiting pe- riod of at least ten days is not feasible. 670.4 Prohibited acts. 670.5 Exception in extraordinary cir- (c) For purposes of computing the cumstances. waiting period under paragraph (b)(1) 670.6 Prior possession exception. of this section, a single point of con- 670.7 Food exception. tact is presumed to have received writ- 670.8 Foreign permit exception. ten notification 5 days after the date of 670.9 Antarctic Conservation Act enforce- mailing of such notification. ment exception. 670.10 [Reserved] § 660.11 What are the Director’s obliga- Subpart C—Permits tions in interstate situations? (a) The Director is responsible for: 670.11 Applications for permits. 670.12 General issuance criteria. (1) Identifying proposed Federal fi- 670.13 Permit administration. nancial assistance and direct Federal 670.14 Conditions of permits. development that have an impact on 670.15 Modification, suspension, and revoca- interstate areas; tion. (2) Notifying appropriate officials 670.16 [Reserved] and entities in states which have adopted a process and which select the Subpart D—Native Mammals, Birds, Plants, Foundation’s program or activity. and Invertebrates (3) Making efforts to identify and no- 670.17 Specific issuance criteria. tify the affected state, areawide, re- 670.18 Content of permit applications. gional, and local officials and entities 670.19 Designation of native mammals. in those states that have not adopted a 670.20 Designation of native birds. process under the Order or do not se- 670.21 Designation of native plants. 670.22 [Reserved] lect the Foundation’s program or ac- tivity; Subpart E—Specially Protected Species of (4) Responding pursuant to § 660.10 of Mammals, Birds, and Plants this part if the Director receives a rec- ommendation from a designated 670.23 Specific issuance criteria. areawide agency transmitted by a sin- 670.24 Content of permit applications. 670.25 Designation of specially protected gle point of contact, in cases in which species of native mammals, birds, and the review, coordination, and commu- plants. nication with the Foundation have 670.26 [Reserved] been delegated. (b) The Director uses the procedures Subpart F—Antarctic Specially Protected in § 660.10 if a state process provides a Areas state process recommendation to the 670.27 Specific issuance criteria. Foundation through a single point of 670.28 Content of permit applications. contact. 670.29 Designation of Antarctic specially protected areas, specially managed § 660.12 [Reserved] areas, and historic sites and monuments. 670.30 [Reserved] § 660.13 May the Director waive any provision of these regulations? Subpart G—Import Into and Export From In an emergency, the Director may the United States waive any provision of these regula- 670.31 Specific issuance criteria for imports. tions. 670.32 Specific issuance criteria for exports. 164 VerDate Sep<11>2014 14:23 Dec 02, 2020 Jkt 250203 PO 00000 Frm 00174 Fmt 8010 Sfmt 8010 Q:\45\45V4.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB National Science Foundation § 670.3 670.33 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 of- ficer or employee of the Foundation AUTHORITY: 16 U.S.C. 2405, as amended. designated by the Director. SOURCE: 63 FR 50164, Sept. 21, 1998, unless Harmful interference means— otherwise noted. (a) Flying or landing helicopters or other aircraft in a manner that dis- Subpart A—Introduction turbs concentrations of birds or seals; (b) Using vehicles or vessels, includ- § 670.1 Purpose of regulations. ing hovercraft and small boats, in a The purpose of the regulations in this manner that disturbs concentrations of part is to conserve and protect the na- birds or seals; tive mammals, birds, plants, and inver- (c) Using explosives or firearms in a tebrates of Antarctica and the eco- manner that disturbs concentrations of system upon which they depend and to birds or seals; implement the Antarctic Conservation (d) Willfully disturbing breeding or Act of 1978, Public Law 95–541, as molting birds or concentrations of amended by the Antarctic Science, birds or seals by persons on foot; Tourism, and Conservation Act of 1996, (e) Significantly damaging con- Public Law 104–227. centrations of native terrestrial plants § 670.2 Scope. by landing aircraft, driving vehicles, or walking on them, or by other means; The regulations in this part apply to: and (a) Taking mammals, birds, or plants (f) Any activity that results in the native to Antarctica. (b) Engaging in harmful interference significant adverse modification of of mammals, birds, invertebrates, or habitats of any species or population of plants native to Antarctica. native mammal, native bird, native (c) Entering or engaging in activities plant, or native invertebrate. within Antarctic Specially Protected Import means to land on, bring into, Areas. or introduce into, or attempt to land (d) Receiving, acquiring, trans- on, bring into or introduce into, any porting, offering for sale, selling, pur- place subject to the jurisdiction of the chasing, importing, exporting or hav- United States, including the 12-mile ing custody, control, or possession of territorial sea of the United States, any mammal, bird, or plant native to whether or not such act constitutes an Antarctica that was taken in violation importation within the meaning of the of the Act. customs laws of the United States. (e) Introducing into Antarctica any Management plan means a plan to member of a non-native species. manage the activities and protect the special value or values in an Antarctic § 670.3 Definitions. Specially Protected Area designated by In this part: the United States as such a site con- Act means the Antarctic Conserva- sistent with plans adopted by the Ant- tion Act of 1978, Public Law 95–541 (16 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, 165 VerDate Sep<11>2014 14:23 Dec 02, 2020 Jkt 250203 PO 00000 Frm 00175 Fmt 8010 Sfmt 8010 Q:\45\45V4.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 670.4 45 CFR Ch. VI (10–1–20 Edition) 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 spe- cies of the class Mammalia, which is Unless a permit has been issued pur- indigenous to Antarctica or occurs suant to subpart C of this part or un- there seasonally through natural mi- less one of the exceptions stated in grations, that is designated in subpart §§ 670.5 through 670.9 is applicable, it is D of this part. It includes any part, unlawful to commit, attempt to com- product, offspring of or the dead body mit, or cause to be committed any of or parts thereof but excludes fossils. the acts described in paragraphs (a) Native plant means any terrestrial or through (g) of this section. freshwater vegetation, including (a) Taking of native mammal, bird or bryophytes, 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.