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transition period between the effective date of this part and the time at which proposals accompanied by externally initiated SF 424 reach the action stage, the Program Officer will initiate the SF 424, completing sufficient portions of Section I to provide the types of identifying information formerly furnished in Standard Form 240, plus programmatic portions of Section III.)

house comments normally will not be made available to outside reviewers.

(b) In some cases, a clearinghouse may recommend that a proposal be disapproved or that it be approved only with specific and major substantive changes. In the event that the Program Officer of a covered program recommends approval of the project substantially as proposed, or with changes which differ from those recommended by the clearinghouse, a brief explanation for the clearinghouse will be prepared as required by subparagraph 6d of A-95, for attachment to the SF 424.

(c) In some cases, a clearinghouse may recommend against approval of a project because it appears to conflict with or duplicate another Federal or federally assisted project. In that event, the Program Officer will consult with the agency assisting the referenced project, as required by subparagraph 6e of A-95, prior to recommending an award. If the Program is covered by A-95, such consultation will be indicated in Section IV of SF

ated in Section IV of SE 424.

(d) In some cases, clearinghouse comments may indicate that a unit of general local government, having jurisdiction over the area in which a project is to be performed by a special purpose unit of local government, has submitted or plans to submit a proposal for the same or a similar type of project. Although NSF administers no programs of grants-in-aid which are subject to the provisions of Section 402 of the Intergovernmental Cooperation Act of 1968 or of subparagraph 6f of A-95 (favoring units of general local government) the Program Officer shall consider the merits of each of the two proposals prior to recommending final action on that from the special purpose unit of local government.

(e) When action is recommended on a proposal, the Program Office in a covered Program will complete those portions of Section III of SF 424, submitted with the proposal, which identify the Program, and indicate whether or not remarks have been added. Other Program Offices may file the externally initiated SF 424 or comparable State form in the proposal jacket without further action. (During the

8 660.8 Notification to clearinghouses of

action taken-SF 424. In accordance with subparagraph 6c of A-95 the following notification actions will be taken:

(a) If a proposal for support under a covered program is withdrawn or declined, the Program Officer shall complete additional appropriate entries in Section III and mail the completed form(s) to the clearinghouse(s) listed in Section II within seven working days after receipt of the withdrawal request or simultaneously with dispatch of the declination letter, as appropriate.

(b) If the Program Officer recommends that an award be made, the SF 424 and related documents shall be sent to the Division of Grants and Contracts as part of the recommended award package, for completion and dispatch. However, since the amounts of funding, if any, to be contributed by the proposing institution or organization, the State or local government, or other source are not required in proposals to most NSF programs and would not normally be known to NSF except through the proposed funding entries in Section I, the funding contributions by other than the Federal government will not be shown in Section III. Following signature of the grant or contract, the action date will be stamped on the form at the same time that the award is dated and copies will be dispatched to each of the clearinghouses listed in Section II simultaneously with dispatch of the award instrument to the grantee or contractor.

$ 660.9 Supplemental reporting of award

information. In furtherance of the TC 1082 supplemental reporting requirement, NSF

119

Sec. 670.22 Designation of specially protected

species of mammals and birds. 670.23 (Reserved)

Subpart F-Native Plants

670.24 Specific issuance criteria. 670.25 Content of permit applications. 670.26 Designation of native plants. 670.27 (Reserved]

will continue to provide to each SCIRA a Statewide Award Report which provides aggregated information on each project award made by NSF during the previous quarter to any agency of State or local government, any academic institution, or any other non-profit organization or commercial firm within the State. The report includes information on all such awards, including those separately reported to clearinghouses in accordance with A-95 requirements.

It contains most of the essential data elements contained in SF 424. However, since the SAI number is not a standard NSF data element, it is contained only in the SF 424 furnished to clearinghouses in accordance with § 660.8 of this part.

Subpart G-Specially Protected Areas 670.28 Specific issuance criteria. 670.29 Content of permit applications. 670.30 Designation of specially protected

areas. 670.31 (Reserved)

PART 670-CONSERVATION OF ANTARCTIC ANIMALS AND PLANTS

Subpart H-Sites of Special Scientific Interest 670.32 Specific issuance criteria. 670.33 Content of permit applications. 670.34 Designation of sites of special scien

tific interest and management plans for

those sites. 670.35 (Reserved)

Subpart A-Introduction

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$ 670.2 Scope.

These regulations apply to: (a) Taking any mammal or bird native to Antarctica,

(b) Collecting any plant native to Antarctica in a specially protected area,

(c) Entering any specially protected area or site of special scientific interest,

(d) Importing into or exporting from the United States any mammal or bird native to Antarctica or any plant collected in a specially protected area, and

(e) Introducing into Antarctica any non-indigenous plant or animal.

$ 670.3 Definitions.

In this part: “Act” means the Antarctic Conservation Act of 1978, Pub. L. 95-541, 92 Stat. 2048 (16 U.S.C. 2401 et. seq.)

"Agreed Measures" means the Agreed Measures for Conservation of Antarctic Fauna and Flora, as recommended for approval at the Third Antarctic Treaty Consultative Meeting, and as amended in accord with Article IX (1) of the Treaty.

“Antarctica” means the area south of 60 degrees south latitude.

"Collect” means to cut, sever, or move any native plant, or to attempt to engage in any such action.

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

"Foreign person" means any individual who is a citizen or national of a foreign nation; any corporation, part. nership, trust, association or other legal entity existing or organized under the laws of a foreign nation; any department, agency, or other instrumentality of any foreign nation and any office, employee, or agent of any such instrumentality.

"Management plan” means the restrictions applicable to activities in Sites of Special Scientific Interest.

"Native bird” means a member of any species of the class Aves, which is indigenous to Antarctica or occurs there through natural agencies of dispersal that is designated in Subpart D of this part. It includes any part, prod

uct, egg, or offspring of or the dead body or parts thereof excluding fossils.

"Native mammal" means a member of any species of the class Mammalia, except species regulated by the International Whaling Commission, which is indigenous to Antarctica or occurs there through natural agencies of dispersal that is designated in Subpart D of this part. It includes any part, product, egg, or offspirng of or the dead body or parts excluding fossils.

“Native plant” means any kind of vegetation at any stage of its life cycle indigenous to Antarctica or occurring there through natural agencies of dispersal, including seeds but excluding fossils, that is designated in Subpart F of this part.

"Site of Special Scientific Interest" means an area of unique value for scientific investigation designated in Subpart H of this part as needing protection from interference.

"Specially Protected Area” means an area of outstanding scientific or ecological interest designated in Subpart C of this part.

“Specially Protected Species" means any species of native mammal or native bird that is approved by the United States for special protection under the Agreed Measures and is designated in Subpart E of this part.

"Take” means to remove, harass, molest, harm, pursue, hunt, shoot, wound, kill, trap, capture, restrain, or tag any native mammal or native bird, or to attempt to engage in such conduct.

“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 Terrritory of the Pacific Islands, including the Government of the Northern Mariana Islands.

United States 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; any department, agency, or other instrumentality of the Federal

Government or of any State; and any (g) Violation of regulations. It is unofficer, employee, or agent of any such lawful for any United States citizen entity or instrumentality.

wherever located or any foreign

person while within the United States Subpart B—Prohibited Acts,

to violate the regulations set forth in Exceptions

this Part.

(h) Violation of permit conditions. 8 670.4 Prohibited acts.

It is unlawful for any permit holder,

whether or not a United States citizen, Unless a permit has been issued pur

to violate any term or condition of any suant to Subpart C of this part or

permit issued under Subpart C of this unless one of the exceptions stated in

Part. $$ 670.5 through 670.8 is applicable, it is unlawful to commit, attempt to 8 670.5 Exceptions in extraordinary circommit, or cause to be committed any cumstances. of the acts described in paragraphs (a)

(a) Human life. No act described in through (h) of this section.

$ 670.4 shall be unlawful if committed (a) Taking any native mammal or

under emergency circumstances to native bird. It is unlawful for any

prevent the loss of human life. United States citizen to take within

(b) Aiding or salvaging native mamAntarctica any native mammal or

mals or native birds. The prohibition native bird.

on taking shall not apply to taking (b) Collecting native plants. It is un

native mammals or native birds if such lawful for any United States citizen to

action is necessary to: collect a native plant in a specially

(1) Aid a sick, injured, or orphaned protected area. (c) Entry into designated area. It is

specimen;

(2) Dispose of a dead specimen; or unlawful for any United States citizen to enter any specially protected area

(3) Salvage a dead specimen which or to enter certain sites of special sci

may be useful for scientific study. entific interest.

(c) Reporting. Any actions taken (d) Possession and transfer of native

under the exceptions in this section mammals, plants or birds. It is unlaw

shall be reported promptly to the Diful for any United States citizen wher

rector. ever located or any foreign person while within the United States to pos

8 670.6 Prior possession exception. sess, sell, offer for sale, deliver, re

(a) Exception. Section 670.4 shall not ceive, carry, transport, or ship by any apply to (1) any native ma

apply to (1) any native mammal, bird means whatever any native plant col or plant which is held in captivity on lected in a specially protected area, or

or before October 28, 1978, or (2) any any native mammal or native bird offspring of any such mammal, bird, taken in Antarctica.

or plant. (e) Import into or export from the (b) Presumption. With respect to United States. It is unlawful for any any prohibited act set forth in § 670.4 United States citizen wherever located which occurs after April 29, 1979, the or any foreign person while within the

Act creates a rebuttable presumption United States to import into the that the native mammal, native bird, United States or export from the or native plant involved in such act United States any native mammal or

was not held in captivity on or before native bird or any native plant collect

October 28, 1978, or was not an offed in a specially protected area.

spring referred to in paragraph (a) of (f) Introduction of non-indigenous

this section. animals and plants into Antarctica. It is unlawful for any United States citi

8 670.7 Food exception. zen to introduce into Antarctica any Paragraph (f) of $ 670.4 shall not animal or plant that is not indigenous apply to the introduction of animals to Antarctica as specified in Subpart J and plants into Antarctica for use as of this part, except as provided in food so long as animals and plants 88 670.7 and 670.8.

used for this purpose are kept under controlled conditions. This exception (7) Whether agents as referred to in shall not apply to living non-indig- $ 670.12 will be used; and enous species of birds.

(8) The desired effective date of the

permit. $ 670.8 Foreign permit exceptions.

(b) Content of specific permit appliParagraphs (d) and (f) of $ 670.4 cations. In addition to the general inshall not apply to transporting, carry formation required for permit applicaing, receiving, or possessing native tions set forth in this subpart, the apmammals, native plants, or native plicant must submit additional inforbirds or to the introduction into Ant mation relating to the specific action arctica of non-indigenous animals and for which the permit is being sought. plants when conducted by an agency These additional requirements are set of the U.S. Government on behalf of a forth in the sections of this part dealforeign national operating under a ing with the subject matter of the permit issued by a foreign government permit applications as follows: to give effect to the Agreed Measures.

Native Mammals and Native Birds

§ 670.16. Subpart C—Permits

Specially Protected Species-670.21.

Native Plants-8 670.25. 8 670.9 Applications for permits.

Specially Protected Areas-8 670.29. (a) General content of permit appli

Sites of Special Scientific Interest

$ 670.33. cations. All applications for a permit

Import into or Export from the U.S.shall be dated and signed by the appli

$ 670.38. cant and shall contain the following Introduction on Non-Indigenous Plants information:

and Animals-8 670.42. (1) The name and address of the ap

(c) Certification. Applications for plicant; (i) Where the applicant is an individ

permits shall include the following ual, the business or institutional affili

certification: ation the applicant; and

I certify that the information submitted (ii) Where the applicant is a corpora in this application for a permit is complete tion, firm, partnership, institution, or and accurate to the best of my knowledge agency, either private or public, the and belief. Any false statement will subject name and address of its president or

me to the criminal penalties of 18 U.S.C. principal officer.

1001. (2) The scientific names and the (d) Address to which applications numbers of native plants to be collect should be sent. Each application shall ed in a specially protected area; or the be in writing, addressed to: scientific names and the numbers of native mammals or native birds to be

Permit Office, Division of Polar Programs,

National Science Foundation, Washington, taken;

D.C. 20550. (3) A description of the native mammals, native birds, or native plants to (e) Sufficiency of application. The be taken or collected, including as ap sufficiency of the application shall be propriate the age, size, sex, and condi determined by the Director. The Dition, e.g., whether pregnant or nurs rector may waive any requirement for

information, or require such addition(4) A complete description of the lo al information as determined to be relcation, time period, and manner of evant to the processing of the applicataking or collecting, including the pro tion. posed access to the location;

(f) Withdrawal. An applicant may (5) Whether the native mammals, withdraw the application at any time. birds, or plants, or parts of them are (g) Publication of permit applicao be imported into the United States, tions. The Director shall publish ind if so, their ultimate disposition; notice in the FEDERAL REGISTER of each

(6) Where the application is for the application for a permit. The notice ntroduction of non-indigenous plants shall invite the submission by interestand animals, the scientific name and ed parties, within 30 days after the the number to be introduced;

date of publication of the notice, of

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