controlled conditions. This exception shall not apply to living non-indigenous species of birds. § 670.8 Foreign permit exceptions. Paragraphs (d) and (f) of § 670.4 shall not apply to transporting, carrying, receiving, or possessing native mammals, native plants, or native birds or to the introduction into Antarctica of non-indigenous animals and plants when conducted by an agency of the U.S. Government on behalf of a foreign national operating under a permit issued by a foreign government to give effect to the Agreed Measures. Subpart C-Permits § 670.9 Applications for permits. (a) General content of permit applications. All applications for a permit shall be dated and signed by the applicant and shall contain the following information: (1) The name and address of the applicant; (i) Where the applicant is an individual, the business or institutional affiliation the applicant; and (ii) Where the applicant is a corporation, firm, partnership, institution, or agency, either private or public, the name and address of its president or principal officer. (2) The scientific names and the numbers of native plants to be collected in a specially protected area; or the scientific names and the numbers of native mammals or native birds to be taken; (3) A description of the native mammals, native birds, or native plants to be taken or collected, including as appropriate the age, size, sex, and condition, e.g., whether pregnant or nursing; (4) A complete description of the location, time period, and manner of taking or collecting, including the proposed access to the location; (5) Whether the native mammals, birds, or plants, or parts of them are to be imported into the United States, and if so, their ultimate disposition; (6) Where the application is for the introduction of non-indigenous plants and animals, the scientific name and the number to be introduced; (7) Whether agents as referred to in § 670.12 will be used; and (8) The desired effective date of the permit. (b) Content of specific permit applications. In addition to the general information required for permit applications set forth in this subpart, the applicant must submit additional information relating to the specific action for which the permit is being sought. These additional requirements are set forth in the sections of this part dealing with the subject matter of the permit applications as follows: Native Mammals and Native Birds§ 670.16. Specially Protected Species-§ 670.21. Specially Protected Areas-§ 670.29. Sites of Special Scientific Interest§ 670.33. Import into or Export from the U.S.— § 670.38. Introduction on Non-Indigenous Plants and Animals-§ 670.42. (c) Certification. Applications for permits shall include the following certification: I certify that the information submitted in this application for a permit is complete and accurate to the best of my knowledge and belief. Any false statement will subject me to the criminal penalties of 18 U.S.C. 1001. (d) Address to which applications should be sent. Each application shall be in writing, addressed to: Permit Office, Division of Polar Programs, National Science Foundation, Washington, D.C. 20550. (e) 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 determined to be relevant to the processing of the application. (f) Withdrawal. An applicant may withdraw the application at any time. (g) Publication of permit applications. The Director shall publish notice in the FEDERAL REGISTER of each application for a permit. The notice shall invite the submission by interested parties, within 30 days after the date of publication of the notice, of written data, comments, or views with respect to the application. Information received by the Director as a part of any application shall be available to the public as a matter of public record. § 670.10 General issuance criteria. Upon receipt of a complete and properly-executed application for a permit and the expiration of the applicable public comment period, the Director will decide whether to issue the permit. In making this decision, the Director will consider, in addition to the specific criteria set forth in the appropriate subparts of this part: (a) Whether the authorization requested meets the objectives of the Act and the requirements of these regulations; (b) The judgment of persons having expertise in matters germane to the application; and (c) Whether the applicant has failed to disclose material information required or has made false statements about any material fact in connection with his application. § 670.11 Permit administration. (a) Issuance of permits. The Director may approve an application in whole or in part. Permits shall be issued in writing and be signed by the Director. Each permit may contain such terms and conditions as are consistent with the Act and this part. (b) Denial. The applicant shall be notified in writing of the denial of any permit request or part of a request, and the reason for such denial. If authorized in the notice of denial, the applicant may submit further information, or reasons why the permit should not be denied. Such further submissions shall not be considered a new application. (c) Amendment of applications or permits. An applicant or permit holder desiring to have any term or condition of his application or permit modified must submit full justification and supporting information in conformance with the provisions of this subpart and the subpart governing the activities sought to be carried out under the modified permit. Any application for modification of a permit that involves a material change beyond the terms originally requested will normally be subject to the same procedures as a new application. (d) Notice of issuance or denial. Within 10 days after the date of the issuance or denial of a permit, the Director shall publish notice of the issuance or denial in the FEDERAL REGISTER. (e) Agents of the permit holder. The Director may authorize the permit holder to designate agents to act on behalf of the permit holder. (f) Marine mammals, endangered species and migratory birds. If the Director receives a permit application involving any native mammal which is a marine mammal as defined by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(5)), any species which is an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or any native bird which is protected under the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.), the Director shall submit a copy of the application to the Secretary of Commerce or to the Secretary of the Interior, as appropriate. If the appropriate Secretary determines that a permit should not be issued pursuant to any of the cited acts, the Director shall not issue a permit. The Director shall inform the applicant of any denial by the appropriate secretary and no further action will be taken on the application. If, however, the appropriate Secretary issues a permit pursuant to the requirements of the cited acts, the Director still must determine whether the proposed action is consistent with the Act and these regulations. § 670.12 Conditions of permits. (a) Possession of permits. Permits issued under these regulations, or copies of them, must be in the possession of persons to whom they are issued and their agents when conducting the authorized action. (b) Display of permits. Any permit issued shall be displayed for inspection upon request to the Director, designated agents of the Director, or any person with enforcement responsibilities. (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. § 670.14 [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. § 670.19 [Reserved] Subpart E-Specially Protected § 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. § 670.26 Designation of native plants. All plants found in Antarctica are designated native plants, including: Fungi-Lichens. Vascular Plants-Marine algae. § 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 Robert Island. on (n) Litchfield Island in the Palmer Archipelago. Maps specifying these areas in greater detail may be obtained from the Director. |