§ 670.27 [Reserved] Subpart G-Specially Protected Areas § 670.28 Specific issuance criteria. Permits authorizing entry into any specially protected area designated in § 670.30 of this title may be issued only if (a) There is a compelling scientific purpose for such entry 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. No permit shall be issued that allows the operation of any surface vehicle in a specially protected 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. (0) North Coronation Island, South Orkney Islands. (p) Lagotellerie Island, Marguerite Bay. (q) New College Valley, Caughley Beach, Cape Bird, Ross Island. Maps specifying these areas in greater detail may be obtained from the Director. [44 FR 32699, June 7, 1979, as amended at 53 FR 27991, July 26, 1988] § 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. (a) The Director is required to 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 Director is also required 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 areas listed below are designated as sites of special scientific interest to be managed in accordance with the management plan recommended at the applicable consultative meeting and any subsequent amendments to that plan. The number of the recommendation, including any modifications made at subsequent consultative meetings, is included below after each site, as is the site number established at the consultative meetings. If there are any variations or additional management measures required by the United States they shall also be included in the listing below. Any specific conditions or limitations included in permits issued under this regulation will be consistent with these plans. More detailed maps and descriptions of the sites and the complete management plans as recommended at the consultative meetings can be obtained from the National Science Foundation, Division of Polar Programs, Washington, DC 20550. (b) The sites of special scientific interest are as follows: (1) Cape Royds, Ross Island: Site No. 1 as described in Recommendation VIII-4 as revised by Recommendations X-6, XII-5 and XIII-9. (2) Arrival Heights, Hut Point Peninsula, Ross Island: Site No. 2 as described in Recommendation VIII-4 as revised by Recommendations X-6, XII-5, XIII-7 and XIV-4. This site does not require an entry permit. (3) Barwick Valley, Victoria Land Site No. 3 as described in Recommendations VIII-4 as revised by Recommendations X-6, XII-5 and XIII-7. (4) Cape Crozier, Ross Island: Site No. 4 as described in Recommendation VIII-4 as revised in Recommendations X-6, XII-5 and XIII-7. (5) Fildes Peninsula, King George Island, South Shetland Islands: Site No. 5 as described in Recommendation VIII-4 as revised in Recommendations X-6, XII-5 and XIII-7. Livingston (6) Byers Peninsula, Island, South Shetland Islands: Site No. 6 as described in Recommendation VIII-4 as revised in Recommendations X-6, XII-5 and XIII-7. (7) Haswell Island: Site No. 7 as described in Recommendation VIII-4 as revised in Recommendations X-6, XII5 and XIII-7. (8) Western Shore of Admiralty Bay, King George Island: Site No. 8 as described in Recommendation X-5 as revised in Recommendations XII-5 and XIII-7. (9) Rothera Point, Adelaide Island: Site No. 9 as described in Recommendation XIII-8. (10) Caughley Beach, Cape Bird, Ross Island: Site No. 10 as described in Recommendation XIII-8. (11) Tramway Ridge, Mt. Erebus, Ross Island: Site No. 11 as described in Recommendation XIII-8. (12) Canada Glacier, Lake Fryxell, Taylor Valley, Victoria Land: Site No. 12 as described in Recommendation XIII-8. (13) Potter Peninsula, King George Island, South Shetland Islands: Site No. 13 as described in Recommendation XIII-8. (14) Harmony Point, Nelson Island, South Shetland Islands: Site No. 14 as described in Recommendation XIII-8. (15) Cierva Point and nearby islands, Danco Coast, Antarctic Peninsula: Site No. 15 as described in Recommendation XIII-8. (16) Bailey Peninsula, Budd Coast, Wilkes Land: Site No. 16 as described in Recommendation XIII-8. (17) Clark Peninsula, Budd Coast, Wilkes Land: Site No. 17 as described in Recommendation XIII-8. (18) White Island, McMurdo Sound: Site No. 18 as described in Recommendation XIII-8. (19) Linnaeus Terrace, Asgaard Range, Victoria Land: Site No. 19 as described in Recommendation XIII-8. (20) Biscoe Point, Anvers Island, Palmer Archipelago: Site No. 20 as described in Recommendation XIII-8. (21) Shores of Port Foster, Deception Island, South Shetland Islands: Site No. 21 as described in Recommendation XIII-8. (22) Yukirdori Valley, Langhovde, Lutzow-Holm Bay: Site No. 22 as described in Recommendation XIV-5. (23) Svarthamaren, Muhlig-Hofmannfjella, Dronning Maud Land: Site No. 23 as described in Recommendation XIV-5. (24) Summit of Mt. Melbourne, North Victoria Land: Site No. 24 as described in Recommendation XIV-5. (25) Marine Plain, Mule Peninsula, Vestfold Hills, Princess Elizabeth Land: Site No. 25 as described in Recommendation XIV-5. (26) Chile Bay (Discovery Bay), Greenwich Island, South Shetland Islands: Site No. 26 as described in Recommendation XIV-5. (27) Port Foster, Deception Island, South Shetland Islands: Site No. 27 as described in Recommendation XIV-5. (28) South Bay, Doumer Island, Palmer Archipelago: Site No. 28 as described in Recommendation XIV-5. [54 FR 24710, June 9, 1989] 8 670.35 [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 Direc tor 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. 8 670.37 Specific issuance criteria for exports. The Director may permit export from the United States of any native plant taken from a specially protected area or of any native mammal or native bird upon a finding that exportation 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 required 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 protected area, a native mammal, or a native bird shall include the following in the application: (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 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. 8 670.39 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 Non- § 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 from Antarctica or destroyed after they have served their purpose. § 670.43 Conditions of permits. (a) General. All permits allowing the introduction of non-indigenous plants and animals will require that the animal or plant be kept under controlled conditions to prevent harmful interference with the natural system and that after serving its purpose the plant or animal shall be removed from Antarctica or destroyed in a manner that protects the natural system of Antarctica. (b) Dogs. In addition to the requirements of paragraph (a) of this section, all dogs imported into Antarctica shall be inoculated against the following diseases: (1) Distemper; (2) Contagious canine hepatitis; (3) Rabies; and (4) Leptospirosis (L. canicola and L. icterohaemorragicae). Each dog shall be inoculated at least two months before importation, and a certificate of inoculation shall accompany each dog. No dog shall be allowed to run free in Antarctica. 8 670.44 [Reserved] Subpart K-Enforcement and Hearing Procedures; Tourism Guidelines AUTHORITY: The Antarctic Conservation Act of 1978, 16 U.S.C. 2409(f); 2405; 24012412; The National Science Foundation Act, 42 U.S.C. 1861 et seq. SOURCE: 54 FR 7132, Feb. 16, 1989, unless otherwise noted. § 670.50 Hearing procedures-Scope of these rules. (a) These hearing rules govern all adjudicatory proceedings for the assessment of civil penalties or imposition of other sanctions pursuant to the Antarctic Conservation Act of 1978, 16 U.S.C. 2407; 2404(f); 2401-2412; and (b) Other adjudicatory proceedings that the Foundation, in its discretion, determines are appropriate for handling under these rules, including proceedings governed by the Administrative Procedure Act requirements for "hearings on the record." 5 U.S.C. 554 (1982). (c) Questions arising at any stage of the proceeding which are not addressed in these rules shall be resolved at the discretion of the Director or Presiding Officer. 8 670.51 Definitions. (a) Throughout these rules, words in the singular also include the plural, and words in the masculine gender also include the feminine, and vice versa. (b) "Act" means the particular statute authorizing the initiation of the proceeding. (c) "Administrative Law Judge❞ means an Administrative Law Judge appointed under 5 U.S.C. 3105 (see also Pub. L. 95-251, 92 Stat. 183). (d) "Complainant” means any person authorized to issue a complaint on behalf of the Agency to persons al leged to be in violation of the Act. The complainant shall not be the Presiding Officer or any other person who will participate or advise in the decision. (e) "Complaint" means a written communication, alleging one or more violations of specific provisions of the Act, Treaties, NSF regulations or a permit promulgated thereunder, issued by the complainant to a person under this subpart. (f) "Consent Agreement" means any written document, signed by the parties, containing stipulations or conclusions of fact or law, and a proposed penalty, revocation or suspension of a permit, or other sanction. (g) "Director" means the Director of the National Science Foundation (NSF) or his delegatee. (h) "Final Order" means (1) an order issued by the Director after an appeal of an initial decision, accelerated decision, a decision to dismiss, or default order, or (2) an initial decision which becomes a final order. (i) "Foundation," "Agency," or "NSF" means the National Science Foundation. (j) “Hearing" means a hearing on the record open to the public and conducted under these rules. (k) "Hearing Clerk" is the person with whom all pleadings, motions, and other documents required under this subpart are filed. (1) "Initial Decision” means the decision issued by the Presiding Officer based upon the official record of the proceedings. (m) “Party” means any person that participates in a hearing as complainant, respondent, or intervenor. (n) “Permit" means a permit issued under section 5 of the Antarctic Conservation Act of 1978, 16 U.S.C. section 2404. (o) "Person" includes any individual, partnership, association, corporation, and any trustee, assignee, receiver or legal successor thereof; any organized group of persons whether incorporated or not; and any officer, employee, agent, department, agency or instrumentality of the Federal Government. of any State or local unit of government, or of any foreign government. (p) "Presiding Officer" means the attorney designated by the Director to conduct hearings or other proceedings under this subpart. (q) "Respondent" means any person proceeded against in the complaint. (r) Terms defined in the Act and not defined in these rules of practice are used consistent with the meanings given in the Act. § 670.52 Powers and duties of the Director; Presiding Official; Division of Polar Programs. (a) Director. The Director of NSF shall exercise all powers and duties as prescribed or delegated under the Act and these rules. (b) The Director may delegate all or part of his authority. Partial delegation does not prevent the Presiding Officer from referring any motion or case to the Director. (c) Presiding Officer. The Director may designate one or more Presiding Officers to perform the functions described below. The Presiding Officers shall be attorneys who are permanent or temporary employees of the Foundation or some other Federal Agency and may perform other duties compatible with their authority as hearing officers. Administrative Law Judges may perform the functions of Presiding Officers. The Presiding Officer shall have performed no prosecutorial or investigatory functions in connection with any matter related to the hearing. (d) The Presiding Officer shall conduct a fair and impartial proceeding, assure that the facts are fully elicited, adjudicate all issues, and avoid delay. The Presiding Officer shall have authority to: (1) Conduct administrative hearings under these rules of practice; (2) Rule upon motions, requests, and offers of proof, dispose of procedural requests, and issue all necessary orders; (3) Administer oaths and affirmations and take affidavits; (4) Examine witnesses and receive documentary or other evidence; (5) For good cause, upon motion or sua sponte, order a party, or an officer or agent thereof, to produce testimony, documents, or other nonprivileged evidence, and failing the production |