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(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.

(6) Byers Peninsula, Livingston 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, XII-5 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 XIII8.

(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 XIII8.

(22) Yukirdori Valley, Langhovde, Lutzow-Holm Bay: Site No. 22 as described in Recommendation XIV-5. (23) Svarthamaren, MuhligHofmannfjella, 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.

(29) Ablation Point-Ganymede Heights, Alexander Island: Site No. 29 as described in Recommendation XV-6. (30) Avian Island, North-West Marguerite Bay: Site No. 30 as described in Recommendation XV-6.

(31) Mount Flora, Hope Bay, Antarctic Peninsula: Site No. 31 as described in Recommendation XV-6.

(32) Cape Shirreff, Livingston Island, South Shetland Islands: Site No. 32 as described in Recommendation XV-7.

(33) Ardely Island, Maxwell Bay, King George Island, South Shetland Islands:

Site number 33 as described in Recommendation XVI-2.

(34) Lions Rump, King George Island, South Shetland Islands: Site number 34 as described in Recommendation XVI2.

(35) West Bransfield Strait, off Low Island, South Shetland Islands: Site number 35 as described in Recommendation XVI-3.

(36) East Dallmann Bay, off Brabant Island: Site number 36 as described in Recommendation XVI-3.

[54 FR 24710, June 9, 1989, as amended at 56 FR 49148, Sept. 27, 1991; 59 FR 42519, Aug. 18, 1994]

§ 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 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 ap

plicant 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.

§ 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,
(e) New Orleans, Louisiana,
(f) Seattle, Washington,
(g) Honolulu, Hawaii.

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.

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I

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 dis

eases:

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Antarctic hazardous waste means any waste consisting of or containing one or more designated pollutants.

Antarctica means the area south of 60 degrees south latitude.

Banned substance means any polychlorinated biphenyls (PCBs), non-sterile soil, polystyrene beads, plastic chips or similar loose polystyrene packing material, pesticides (other than those required for scientific, medical or hygiene purposes) or other substance designated as such under subpart E of this part.

Designated pollutant means any substance designated as such by the Director pursuant to subpart E of this part; any pesticide, radioactive substance, or substance consisting of or containing any chemical listed by source, generic or chemical name at 40 CFR 61.01, Table 116.4A of 40 CFR 116.4; subpart D of 40 CFR part 261, 40 CFR 302.4, part 355, and part 372; and any substance which exhibits a hazardous waste characteristic as defined in subparts B and C of 40 CFR part 261; but shall not include any banned substance.

Director means the Director of the National Science Foundation, or an officer or employee of the Foundation designated by the Director.

Incinerate or Incineration means the processing of material by mechanisms that (1) involve the control of combustion air and/or fuel so as to maintain adequate temperature for efficient combustion; (2) contain the combustion reaction in an enclosed device with sufficient residence time and mixing for complete processing; and (3) control emission of gaseous or particulate combustion products.

Master permit means a permit issued to a federal agency, or its agents or contractors, or any other entity, covering activities conducted in connection with USAP or other group activities in Antarctica.

NSF or Foundation means the National Science Foundation.

Open burning means combustion of any material by means other than incineration.

Permit means a permit issued pursuant to subpart C of this part.

Private permit means any permit other than a master permit.

Protocol means the Protocol on Environmental Protection to the Antarctic Treaty, signed by the United States in Madrid on October 4, 1991, and any and all Annexes thereto, as amended or supplemented from time to time.

Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, burying or disposing of a substance, whether intentionally or accidentally.

Station means McMurdo Station, Palmer Station, Amundsen-Scott South Pole Station and any other permanent USAP facility in Antarctica designed to accommodate at least 50 persons at any one time.

Substance means any gas, liquid, or solid, or mixture thereof, including biological material.

Treaty means the Antarctic Treaty signed in Washington, D.C., on December 1, 1959.

United States means the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam and the Trust Territory of the Pacific Islands, including the Federated States of Micronesia and the Commonwealth of the Northern Mariana Islands.

United States Antarctic Program or USAP means the United States national program in Antarctica.

U.S. citizen means any individual who is a citizen or national of the United States; any corporation, partnership, trust, association, or other legal entity existing or organized under the laws of any of the United States; and any department agency or other instrumentality of the Federal government or of any State, and any officer, employee, or agent of such instrumentality.

Use means to use, generate or create a substance, or to import a substance into Antarctica, but does not include the shipboard use of a substance, provided that substance is not released or removed from the vessel.

Waste means any substance that will no longer be used for any useful purpose, but does not include substances to be recycled in Antarctica, or substances to be reused in a manner different than their initial use, provided such substances are stored in a manner

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that will prevent their dispersal into the environment, and further provided that they are recycled, reused or disposed of in accordance with the provisions of this Part within three years. Recycling includes, but is not limited to, the reuse, further use, reclamation or extraction of a waste through a process or activity that is separate from the process or activity that produced the waste.

(b) Pollutants, generally. All banned substances, designated pollutants and waste shall be considered pollutants for purposes of the Antarctic Conservation Act.

Subpart B-Prohibited Acts,
Exceptions

$671.4 Prohibited acts.

Unless one of the exceptions stated in §671.5 is applicable, it is unlawful for any U.S. citizen to:

(a) Use or release any banned substance in Antarctica;

(b) Use or release any designated pollutant in Antarctica, except pursuant to a permit issued by NSF under subpart C of this part;

(c) Release any waste in Antarctica, except pursuant to a permit issued by NSF under subpart C of this part; or

(d) Violate any term or condition of a permit issued by NSF under subpart C of this part, or any term or condition of any of the regulations issued under this part.

671.5 Exceptions

A permit shall not be required for any use or release of designated pollutants or waste allowed under the Act to Prevent Marine Pollution from Ships (33 U.S.C. 1901 et seq.), as amended, or for any shipboard use of banned substances or designated pollutants, provided such substances are not removed from the vessel in Antarctica.

Subpart C-Permits

$671.6 Applications for permits.

(a) General content of permit applications. Each application for a permit shall be dated and signed by the applicant, and shall include the following information:

(1) The applicant's name, address and telephone number, the business or institutional affiliation of the applicant, or the name, address and telephone number of the president, principal officer or managing partner of the applicant, as applicable;

(2) A description of the types, expected concentrations and volumes of wastes and designated pollutants to be released in Antarctica; the nature and timing of such releases; arrangements for waste management, including, without limitation, plans for waste reduction, minimization, treatment and processing, recycling, storage, transportation and disposal; arrangements for training and educating personnel to comply with these waste management requirements and procedures, and arrangements for monitoring compliance; and other arrangements for minimizing and monitoring the environmental impacts of proposed operations and activities;

(3) A description of the types, expected concentrations and volumes of designated pollutants to be used in Antarctica; the nature and timing of such uses; the method of storage of designated pollutants; and a contingency plan for controlling releases in a manner designed to minimize any resulting hazards to health and the environment; (4) The desired effective date and duration of the permit; and

(5) The following certification:

"I certify that, to the best of my knowledge and belief, and based upon due inquiry, the information submitted in this application for a permit is complete and accurate. Any knowing or intentional false statement will subject me to the criminal penalties of 18 U.S.C. 1001."

(b) Address to which application should be sent. Each application shall be in writing, and sent to: Permits Office, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.

(c) Sufficiency of application. The sufficiency of the application shall be determined by the Director. The Director may waive any requirement for information, or require such additional information as he determines is relevant to the processing and evaluation of the application.

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