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D of this part. It includes any part, mit, or cause to be committed any of product, offspring of or the dead body the acts described in paragraphs (a) or parts thereof but excludes fossils. through (g) of this section.

Native plant means any terrestrial or (a) Taking of native mammal, bird or freshwater vegetation, including plants. It is unlawful for any person to bryophytes, lichens, fungi, and algae,

take within Antarctica a native mamat any stage of its life cycle which is

mal, a native bird, or native plants. indigenous to Antarctica that is des

(b) Engaging in harmful interference. It ignated in subpart D of this part. It includes seeds and other propagules, or

is unlawful for any person to engage in

harmful interference in Antarctica of parts of such vegetation, but excludes fossils.

native mammals, native birds, native Person has the meaning given that

plants or native invertebrates. term in section 1 of title 1, United (c) Entry into Antarctic specially desStates Code, and includes any person ignated areas. It is unlawful for any persubject to the jurisdiction of the son to enter or engage in activities United States and any department, within any Antarctic Specially Proagency, or other instrumentality of the tected Area. Federal Government or of any State or (d) Possession, sale, export, and import local government.

of native mammals, birds, and plants. It Protocol means the Protocol on Envi

is unlawful for any person to receive, ronmental Protection to the Antarctic

acquire, transport, offer for sale, sell, Treaty, signed October 4, 1991, in Ma

purchase, export, import, or have cusdrid, and all annexes thereto, including

tody, control, or possession of, any naany future amendments to which the

tive bird, native mammal, or native United States is a Party.

plant which the person knows, or in the Specially Protected Species means any native species designated as a Spe

exercise of due care should have cially Protected Species that is des

known, was taken in violation of the ignated in subpart E of this part.

Act. Take or taking means to kill, injure,

(e) Introduction of non-indigenous anicapture, handle, or molest a native mals and plants into Antarctica. It is unmammal or bird, or to remove or dam- lawful for any person to introduce into age such quantities of native plants Antarctica any animal or plant which that their local distribution or abun is not indigenous to Antarctica or dance would be significantly affected which does not occur there seasonally or to attempt to engage in such con- through natural migrations, as speciduct.

fied in subpart H of this part, except as Treaty means the Antarctic Treaty provided in $$ 670.7 and 670.8. signed in Washington, DC on December (8) Violations of regulations. It is un1, 1959.

lawful for any person to violate the United States means the several states

regulations set forth in this part. of the Union, the District of Columbia,

(g) Violation of permit conditions. It is the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands,

unlawful for any person to violate any Guam, the Commonwealth of the

term or condition of any permit issued

under subpart Northern Mariana Islands, and other

of this part. commonwealth, territory, or posses

$ 670.5 Exception in extraordinary cirsion of the United States.

cumstances. Subpart B-Prohibited Acts,

(a) Emergency exception. No act deExceptions

scribed in 8 670.4 shall be unlawful if the

person committing the act reasonably $ 670.4 Prohibited acts.

believed that the act was committed Unless a permit has been issued pur

under emergency circumstances insuant to subpart C of this part or un

volving the safety of human life or of less one of the exceptions stated in

ships, aircraft, or equipment or facili88 670.5 through 670.9 is applicable, it is ties of high value, or the protection of unlawful to commit, attempt to com- the environment.

(b) Aiding or salvaging native mammals $670.9 Antarctic Conservation Act enor native birds. The prohibition on tak forcement exception. ing shall not apply to any taking of na Paragraphs (a) through (d) of $ 670.4 tive mammals or native birds if such shall not apply to acts carried out by action is necessary to:

an Antarctic Conservation Act En(1) Aid a sick, injured or orphaned forcement Officer (designated pursuant specimen;

to 45 CFR 672.3) if undertaken as part (2) Dispose of a dead specimen; or

of the Antarctic Conservation Act En(3) Salvage a dead specimen which forcement Officer's official duties. may be useful for scientific study.

$670.10 [Reserved] (c) Reporting. Any actions taken under the exceptions in this section shall be reported promptly to the Di

Subpart C-Permits rector.

§ 670.11 Applications for permits. $670.6 Prior possession exception.

(a) General content of permit applica

tions. All applications for a permit (a) Exception. Section 670.4 shall not

shall be dated and signed by the appliapply to:

cant and shall contain the following in(1) any native mammal, bird, or plant

lal, bird, or plant formation: which is held in captivity on or before

(1) The name and address of the apOctober 28, 1978; or

plicant; (2) Any offspring of such mammal, (i) Where the applicant is an indibird, or plant.

vidual, the business or institutional af(b) Presumption. With respect to any filiation of the applicant must be inprohibited act set forth in 8670.4 which cluded; or occurs after April 29, 1979, the Act cre- (ii) Where the applicant is a corporaates a rebuttable presumption that the tion, firm, partnership, or institution, native mammal, native bird, or native or agency, either private or public, the plant involved in such act was not held name and address of its president or in captivity on or before October 28, principal officer must be included. 1978, or was not an offspring referred to (2) Where the applicant seeks to enin paragraph (a) of this section.

gage in a taking,

(i) The scientific names, numbers, $ 670.7 Food exception.

and description of native mammals, Paragraph (e) of $670.4 shall not

native birds or native plants to be

taken; and .apply to the introduction of animals and plants into Antarctica for use as

(ii) Whether the native mammals,

birds, or plants, or part of them are to food as long as animals and plants used

be imported into the United States, for this purpose are kept under care

and if so, their ultimate disposition. fully controlled conditions. This excep

(3) Where the applicant seeks to ention shall not apply to living species of

gage in a harmful interference, the scianimals. Unconsumed poultry or its

entific names, numbers, and descripparts shall be removed from Antarctica

tion of native birds or native seals to unless incinerated, autoclaved or oth

be disturbed; the scientific names, erwise sterilized.

numbers, and description of native

plants to be damaged; or the scientific $670.8 Foreign permit exception.

names, numbers, and description of naParagraphs (d) and (e) of $670.4 shall tive invertebrates, native mammals, not apply to transporting, carrying, re native plants, or native birds whose ceiving, or possessing native mammals, habitat will be adversely modified; native plants, or native birds or to the (4) A complete description of the lointroduction of non-indigenous animals cation, time period, and manner in and plants when conducted by an agen which the taking or harmful intercy of the United States Government on ference would be conducted, including behalf of a foreign national operating the proposed access to the location; under a permit issued by a foreign gov- (5) Where the application is for the ernment to give effect to the Protocol. introduction of non-indigenous plants

or animals, the scientific name and the the Director as a part of any applicanumber to be introduced;

tion shall be available to the public as (6) Whether agents as referred to in a matter of public record. $ 670.13 will be used; and

(7) The desired effective dates of the $670.12 General issuance criteria. permit.

Upon receipt of a complete and prop(b) Content of specific permit applica

erly executed application for a permit tions. In addition to the general infor

and the expiration of the applicable mation required for permit applica

public comment period, the Director tions set forth in this subpart, the ap

will decide whether to issue the permit. plicant must submit additional infor

In making the decision, the Director mation relating to the specific action

will consider, in addition to the spefor which the permit is being sought.

cific criteria set forth in the approThese additional requirements are set

priate subparts of this part: forth in the sections of this part deal

(a) Whether the authorization reing with the subject matter of the permit applications as follows:

quested meets the objectives of the Act

and the requirements of the regulaNative Mammals, Birds, Plants, and Inverte

tions in this part; brates-Section 670.17

(b) The judgment of persons having Specially Protected Species-Section 670.23 Specially Protected Areas-Section 670.27

expertise in matters germane to the Import and Export-Section 670.31

application; and Introduction of Non-Indigenous Plants and (c) Whether the applicant has failed Animals—Section 670.36

to disclose material information re(c) Certification. Applications for per

quired or has made false statements mits shall include the following certifi

about any material fact in connection cation:

with the application. I certify that the information sub- 8670.13 Permit administration. mitted in this application for a permit is complete and accurate to the best of

(a) Issuance of the permits. The Direcmy knowledge and belief. Any false

tor may approve any application in statement will subject me to the crimi

whole or part. Permits shall be issued nal penalties of 18 U.S.C. 1001.

in writing and signed by the Director.

Each permit may contain such terms (d) Address to which applications and conditions as are consistent with should be sent. Each application shall

the Act and this part. be in writing, addressed to:

(b) Denial. The applicant shall be noPermit Officer, Office of Polar Programs, Na tified in writing of the denial of any tional Science Foundation, Room 755, 4201 permit request or part of a request and Wilson Boulevard, Arlington, Virginia of the reason for such denial. If author22230.

ized in the notice of denial, the appli(e) Sufficiency of application. The suf cant may submit further information ficiency of the application shall be de- or reasons why the permit should not termined by the Director. The Director be denied. Such further submissions may waive any requirement for infor shall not be considered a new applicamation, or request additional informa- tion. tion as determined to be relevant to (c) Amendment of applications or perthe processing of the application.

mits. An applicant or permit holder de(f) Withdrawal. An applicant may siring to have any term or condition of withdraw an application at any time. his application or permit modified

(g) Publication of permit applications. must submit full justification and supThe Director shall publish notice in the porting information in conformance FEDERAL REGISTER of each application with the provisions of this subpart and for a permit. The notice shall invite the subpart governing the activities the submission by interested parties, sought to be carried out under the within 30 days after the date of publi- modified permit. Any application for cation of the notice, of written data, modification of a permit that involves comments, or views with respect to the a material change beyond the terms application. Information received by originally requested will normally be

tor not later than June 30 for the preceding 12 months.

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 shall 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 the regulations in this part.

8670.15 Modification, suspension, and

revocation. (a) The Director may modify, suspend, or revoke, in whole or in part, any permit issued under this subpart:

(1) In order to make the permit consistent with any change to any regulation in this part made after the date of issuance of this permit;

(2) If there is any change in condition tions which make the permit inconsistent with the purpose of the Act and the regulations in this part; 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 section, 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.

$ 670.16 [Reserved]

$ 670.14 Conditions of permits.

(a) Possession of permits. Permits issued under the regulations in this part, 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.

(c) Filing of reports. Permit holders are required to file reports of the activities conducted under a permit. Reports shall be submitted to the Direc

Subpart D-Native Mammals, Birds, Plants, and Invertebrates $ 670.17 Specific issuance criteria.

With the exception of specially protected species of mammals, birds, and plants designated in subpart E of this part, permits to engage in a taking or harmful interference:

(a) May be issued only for the pose 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; or

(3) For unavoidable consequences of scientific activities or the construction and operation of scientific support facilities; and

(b) Shall ensure, as far as possible, that

(1) No more native mammals, birds, or plants are taken than are necessary to meet the purposes set forth in paragraph (a) of this section;

(2) No more native mammals or native birds are taken in any year than can normally be replaced by net natural reproduction in the following breeding season;

(3) The variety of species and the balance of the natural ecological systems within Antarctica are maintained; and

(4) The authorized taking, transporting, carrying, or shipping of any native mammal or bird is carried out in a humane manner.

Weddell seal-Leptonychotes weddelli.
Large Cetaceans (Whales):

Blue whale-Balaenoptera musculus.
Fin whale-Balaenoptera physalus.
Humpback whale-Megaptera novaeangliae.
Minke whale-Balaenoptera acutrostrata.
Pygmy blue whale-Balaenoptera musculus

brevicauda Sei whale-Balaenoptera borealis Southern right whale-Balaena glacialis

australis Sperm whale-Physeter macrocephalus Small Cetaceans (Dolphins and porpoises): Arnoux's beaked whale-Berardius arnuxii. Commerson's dolphin-Cephalorhynchus

commersonii Dusky dolphin-Lagenorhynchus obscurus Hourglass

dolphin-Lagenorhynchus cruciger Killer whale-Orcinus orca Long-finned pilot whale-Globicephala

melaena Southern bottlenose whale-Hyperoodon

planifrons. Southern right whale dolphin-Lissodelphis

peronii Spectacled porpoise-Phocoena dioptrica

[blocks in formation]

8 670.20 Designation of native birds.

The following are designated native

Albatross Black-browedDiomedea melanophris. Gray-headed-Diomedea chrysostoma. Light-mantled

sooty-Phoebetria palpebrata. WanderingDiomedea exulans.

In addition to the information required in subpart 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 and birds. An applicant seeking a permit to engage in a harmful interference shall include a complete description of the project including the purpose of the activity which will result in the harmful interference. Sufficient information must be provided to establish that the taking, harmful interference, transporting, carrying, or shipping of a native mammal or bird shall be humane. $670.19 Designation of native mam

mals. The following are designated native mammals: Pinnipeds: Crabeater seal--Lobodon carcinophagus. Leopard seal-Hydrurga leptonyx. Ross seal-Ommatophoca rossi.1 Southern elephant seal-Mirounga leonina. Southern fur seals-- Arctocephalus spp.)

Fulmar Northern Giant-Macronectes halli. Southern-Fulmarus glacialoides. Southern Giant-Macronectes giganteus.

Gull Southern

Black-backed-Larus dominicanus.

Jaeger Parasitic-Stercorarius parasiticus. Pomarine-Stercorarius pomarinsus

Penguin Adelie-Pygoscelis adeliae. Chinstrap-Pygoscelis antarctica. Emperor--Aptenodytes forsteri. GentooPygoscelis papua. King-Aptenodytes patagonicus. Macaroni-Eudyptes chrysolophus. Rockhopper-Eudyptes crestatus.

These species of mammals have been designated as specially protected species and are subject to subpart E of this part.

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