(a) The Director may modify, suspend, or revoke, in whole or in part, any permit issued under this section: (1) In order to make the permit consistent with any change to any regulation in this part made after the date of issuance of the permit; (2) If there is any change in conditions which makes the permit inconsistent with the purpose of the Act and these regulations; or (3) In any case in which there has been any violation of any term or condition of the permit, any regulation in this part, or any provision of the Act. (b) Whenever the Director proposes any modifications, suspension, or revocation of a permit under this subsection, the permittee shall be afforded opportunity, after due notice, for a hearing by the Director with respect to such proposed modification, suspension, or revocation. If a hearing is requested, the action proposed by the Director shall not take effect before a decision is issued by him after the hearing, unless the proposed action is taken by the Director to meet an emergency situation. (c) Notice of the modification, suspension, or revocation of any permit by the Director shall be published in the FEDERAL REGISTER within 10 days from the date of the Director's decision. 8670.14 [Reserved] Subpart D-Native Mammals and Native Birds $670.15 Specific issuance criteria. With the exception of specially protected species of mammals and birds designated in Subpart E of this part, permits to take a mammal or bird in Antarctica designated as a native mammal in § 670.17 or as a native bird in § 670.18 may be issued: (a) Only for the purpose of providing-(1) Specimens for scientific study or scientific information, or (2) Specimens for museums, zoological gardens, or other educational or cultural institutions or uses; (b) Shall ensure, as far as possible, that-(1) No more native mammals or native birds are taken in any year than can normally be replaced by natural reproduction in the following breeding season, and (2) The variety of species and the balance of the natural ecological systems within Antarctica are maintained; and (3) The authorized taking, transporting, carrying, or shipping of any native mammal or native bird is carried out in a humane manner. § 670.16 Contents of permit applications. In addition to the information required in Subpart C of this part, an applicant seeking a permit to take a native mammal or native bird shall include a complete description of the project including the purpose of the proposed taking, the use to be made of the native mammals or native birds, and the ultimate disposition of the native mammals or native birds. Sufficient information must be provided to establish that the taking, transporting, carrying, or shipping will be humane. § 670.17 Designation of native mammals. The following are designated native mammals: Dolphin: Hourglass-Lagenorhynchus cruciger. Seal: Crabeater-Lobodon carcinophagus. Kerguelen Fur-Arctocephalus gazella.* Ross-Ommatophoca rossi.* Weddell-Leptonychotes weddelli. Whale: Arnoux's Beaked-Berardius arnuxii. Long-finned Pilot-Globicephala melaena. Southern Bottlenose-Hyperoodon planifrons. *These species of mammals have been designated as specially protected species and are subject to Subpart E of this part. § 670.18 Designation of native birds. The following are designated native birds: § 670.19 [Reserved] Subpart E-Specially Protected Species of Mammals and Birds § 670.20 Specific issuance criteria. Permits authorizing the taking of mammals or birds designated as a specially protected species of mammals and birds in § 670.22 may only be issued if (a) There is a compelling scientific purpose for such taking; (b) The actions allowed under any such permit will not jeopardize the existing natural ecological system, or the survival of that species; and (c) The authorized taking, transporting, carrying, or shipping of any native mammal or native bird is carried out in a humane manner. § 670.21 Content of permit applications. In addition to the information required in Subpart C of this part, an applicant seeking a permit to take a specially protected species shall include the following in the application: (a) A detailed scientific justification of the need for taking the specially protected species, including a discussion of possible alternative species; (b) Information demonstrating that the proposed action will not jeopardize the existing natural ecological system or the survival of that species; and (c) Information establishing that the taking, transplanting, carrying, or shipping of any native mammal or native bird is carried out in a humane manner. § 670.22 Designation of specially protected species of mammals and birds. The Act states that the Director shall designate as a specially protected species any native species of mammal or bird which is approved by the United States for special protection under the Agreed Measures. The following two species have been so approved and are hereby designated specially protected species: Common Name and Scientific Name Kerguelen Fur Seal-Arctocephalus tropicales gazella. Ross Seal-Ommatophoca rossi. § 670.23 [Reserved] Supbart F—Native Plants § 670.24 Specific issuance criteria. Permits authorizing the collection of any native plant designated in § 670.26 from a specially protected area designated in § 670.30 may be issued only if (a) There is a compelling scientific purpose for such collection which cannot be served elsewhere, and (b) The actions allowed under any such permit will not jeopardize the natural ecological system existing in that area. § 670.25 Content of permit applications. In addition to the information required in Subpart C of this part, an = applicant seeking a permit to collect a native plant in a specially protected area shall include the following in the application: (a) A detailed scientific justification of the need for the collection, including a discussion of alternatives; and (b) Information demonstrating that the proposed action will not jeopardize the unique natural ecological system existing in that area. § 670.29 Content of permit applications. In addition to the information required in Subpart C of this part, and applicant seeking a permit to enter a specially protected area shall include the following in the application. (a) A detailed scientific justification of the need for such entry, including a discussion of alternatives; and (b) Information demonstrating that the proposed action will not jeopardize the unique natural ecological system existing in that area. § 670.30 Designation of specially protected areas. The Act states the Director shall designate as a specially protected area, each area identified under the Agreed Measures as needing special protection. The following areas have been so identified and are designated as specially protected areas: (a) Taylor Rookery, MacRobertson Land situated at Latitude 67° 26' South, Longitude 60° 50' East. (b) Rookery Islands in Holme Bay. (c) Ardery Island and Odbert Island in Vincennes Bay. (d) Sabrina Island and Balleny Islands in the Ross Sea. (e) Beaufort Island in the Ross Sea. (f) Cape Hallett in Victoria Land. (g) Dion Islands in Marguerite Bay. (h) Green Island in the Berthelot Islands. (i) Cape Shirreff on Livingston Island. (j) Moe Island in the South Orkney Islands. (k) Lynch Island in the South Orkney Islands. (1) Powell Island (southern portion only), Fredriksen Island, Michelsen Island, Christofferson Island, Grey Island and all unnamed islands within one mile of these islands; all of which are part of the South Orkney Islands. (m) Coppermine Peninsula on Robert Island. (n) Litchfield Island in the Palmer Archipelago. Maps specifying these areas in greater detail may be obtained from the Director. § 670.31 [Reserved] Subpart H-Sites of Special Scientific Interest § 670.32 Specific issuance criteria. Sites of Special Scientific Interest, designated in § 670.34, are sites where scientific investigations are being conducted or are planned and there is a demonstrable risk of interference which would jeopardize those investigations. Certain of these sites do not require limitations on entry to protect their value for scientific investigations. No permit is required for entry into these sites but entrants must comply with the managment plan. Permits to enter sites for which an entry permit is required may be issued only if the proposed entry is consistent with the management plan: § 670.33 Content of permit applications. In addition to the information required in Subpart C of this part, an applicant seeking a permit to enter a site of special scientific interest shall include the following in the application: (a) The justification for such entry; (b) Information demonstrating that the proposed action will not jeopardize the unique scientific value of the area; and (c) A statement demonstrating the consistency of the proposed action with the management plan. § 670.34 Designation of sites of special scientific interest and management plans for those sites. The Act states that the Director shall designate as a site of special scientific interest each area approved by the United States in accordance with Recommendation VIII-3 of the Eighth Antarctic Treaty Consultative Meeting. The Act also requires the Director to prescribe a management plan for such sites which is consistent with any management plan approved by the United States in accordance with that Recommendation. Accordingly, the following areas are designated as sites of special scientific interest to be managed in accordance with the manage ment plan set forth after each designation: (a) Sites of Special Scientific Interest Requiring a Permit for Entry.— (1)(i) Cape Royds on Ross Island, (ii) Cape Crozier on Ross Island, and (iii) Haswell Island Management Plan. Entry by foot only for scientific purposes will be authorized. Pedestrians may not move through areas populated by birds except as necessary in the course of scientific investigations. A compelling scientific purpose must be demonstrated before a permit will be issued to take a native bird from this Site. (2) Fildes Peninsula on King George Island Managment Plan. The operation of surface vehicles and the landing of helicopters are not permitted within the Site except in an emergency. No buildings or other facilities may be erected on this Site. No rock samples may be obtained unless authorized in the entry permit. Such authorization shall be given only for compelling scientific purposes. (3) Byers Peninsula on Livingston Island Managment Plan. The operation of surface vehicles is not permitted within the Site except in an emergency. No buildings or other facilities may be erected on this Site. No rock samples may be obtained unless authorized in the entry permit. Such authorization shall be given only for compelling scientific purposes. (4) Barwick Valley in Victoria Land Management Plan. Entry on foot only will be authorized. Overflight is not permitted. Permanent field camps, landfill disposal, and other activities which would introduce new materials or organisms, including microorganisms, into the Site are not permitted. All materials carried into the Site shall be removed. (b) Sites of Special Scientific Interest not Requiring a Permit for Entry.— (1) Arrival Heights on Ross Island Management Plan. Vehicles and pedestrians shall keep to designated tracks. No radio frequency transmitting equipment other than low power transceivers for local essential communication may be installed within the Site. (c) Maps.-Maps identifying the designated Sites of Special Scientific In A terest in greater detail are available from the Director. § 670.35 [Reserved] Subpart I-Import Into and Export From the United States § 670.36 Specific issuance criteria for imports. Subject to compliance with other applicable law, any person who takes a native mammal or native bird or collects a native plant under a permit issued under these regulations may import it into the United States unless the Director finds that importation would not further the purpose for which it was taken or collected. If the importation is for a purpose other than that for which the native mammal or native bird was taken or the native plant collected, the Director may permit importation upon a finding that importation would be consistent with the purposes of the Act, these regulations, or the permit under which they were taken or collected. $670.37 Specific issuance criteria for exports. The Director may permit export from the United States of any native h plant taken from a specially protected area or of any native mammal or native bird upon a finding that exporLtation would be consistent with the purposes of the Act, these regulations, or the permit under which they were taken or collected. $670.38 Contents of permit applications. In addition to the information reittequired in Subpart C of this part, an applicant seeking a permit to import into or export from the United States a native plant taken from a specially In protected area, a native mammal, or a native bird shall include the following in the application: ONE th (a) Information demonstrating that the import or export would further the purposes for which the species was taken or collected; or (b) Information demonstrating that the import or export is consistent with de the purposes of the Act or these regulations; and (c) A statement as to which U.S. port will be used for the import or export. The application shall also include information describing the intended ultimate disposition of the imported or exported item. § 670.39 Entry and exit ports. Any native plant collected in a specially protected area and any native mammal or native bird imported into or exported from the United States must enter or leave the United States at ports designated by the Secretary of Interior in 50 CFR Part 14. The ports presently designated are: (a) New York, New York, (b) Miami, Florida, (c) Chicago, Illinois, (d) San Francisco, California, Permits to import or export at nondesignated ports may be sought from the Secretary of Interior pursuant to Subpart C, 50 CFR Part 14. § 670.40 [Reserved] Subpart J-Introduction of Nonindigenous Plants and Animals § 670.41 Specific issuance criteria. For purposes consistent with the Act, only the following plants and animals may be considered for a permit allowing their introduction into Antarctica: (a) sledge dogs; (b) domestic animals and plants; and (c) laboratory animals and plants including viruses, bacteria, yeasts, and fungi. Living non-indigenous species of birds shall not be introduced into Antarctica. § 670.42 Content of permit applications. Applications for the importation of plants and animals into Antarctica must describe (a) the need for the plants or animals, (b) how the applicant will ensure that the plants or animals will not harmfully interfere with the natural system, and (c) how the plants or animals will be removed |