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Freshwater algae

Fungi
Lichens

Marine algae

Vascular Plants

§ 670.22 [Reserved]

Subpart E-Specially Protected Species of Mammals, Birds, and Plants

§ 670.23 Specific issuance criteria.

Permits authorizing the taking of mammals, birds, or plants designated as a Specially Protected Species of mammals, birds, and plants in §670.25 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 the affected species or population;

(c) The taking involves non-lethal techniques, where appropriate; and

(d) The authorized taking, transporting, carrying or shipping will be carried out in a humane manner.

§ 670.24 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 the affected species or population; and

(c) Information establishing that the taking, transporting, carrying, or shipping of any native bird or native mammal will be carried out in a humane

manner.

§ 670.25 Designation of specially protected species of native mammals, birds and plants.

The following two species have been designated as Specially Protected Species by the Antarctic Treaty Parties

and are hereby designated Specially Protected Species:

Common Name and Scientific Name Kerguelen Fur Seal-Arctocephalus tropicales gazella.

Ross Seal-Ommatophoca rossii.

[63 FR 50164, Sept. 21, 1998, as amended at 66 FR 46740, Sept. 7, 2001]

§670.26 [Reserved]

Subpart F-Antarctic Specially
Protected Areas

$670.27 Specific issuance criteria.

Permits authorizing entry into any Antarctic Specially Protected Area designated in §670.29 may only be issued if:

(a) The entry and activities to be engaged in are consistent with an approved management plan, or

(b) A management plan relating to the area has not been approved by the Antarctic Treaty Parties, but

(1) There is a compelling scientific purpose for such entry which cannot be served elsewhere, and

(2) The actions allowed under the permit will not jeopardize the natural ecological system existing in such area.

§ 670.28 Content of permit application.

In addition to the information required in subpart C of this part, an applicant seeking a permit to enter an Antarctic Specially Protected Area shall include the following in the application:

(a) A detailed justification of the need for such entry, including a discussion of alternatives;

(b) Information demonstrating that the proposed action will not jeopardize the unique natural ecological system in that area; and

(c) Where a management plan exists, information demonstrating the consistency of the proposed actions with the management plan.

$670.29 Designation of Antarctic specially protected areas.

The following areas have been designated by the Antarctic Treaty Parties for special protection and are hereby designated as Antarctic Specially Protected Areas. Detailed maps and descriptions of the sites and complete

management plans can be obtained from the National Science Foundation, Office of Polar Programs, National Science Foundation, Room 755, 4201 Wilson Boulevard, Arlington, Virginia 22230.

ASPA 101, Taylor Rookery, MacRobertson Land.

ASPA 102, Rookery Islands, Holme Bay.
ASPA 103, Ardrey Island and Odbert Island,
Budd Coast.

ASPA 104, Sabrina Island, Balleny Islands.
ASPA 105, Beaufort Island, Ross Sea.
ASPA 106, Cape Hallett, Victoria Land.
ASPA 107, Dion Islands, Marguerite Bay,
Antarctic Peninsula.

ASPA 108, Green Island, Berthelot Islands,
Antarctic Peninsula.

ASPA 109, Moe Island, South Orkney Islands. ASPA 110, Lynch Island, South Orkney Islands.

ASPA 111, Southern Powell Island and adjacent islands, South Orkney Islands. ASPA 112, Coppermine Peninsula, Robert Island.

ASPA 113, Litchfield Island, Arthur Harbor, Palmer Archipelago.

ASPA 114, North Coronation Island, South Orkney Islands.

ASPA 115, Lagotellerie Island, Marguerite Bay.

ASPA 116, 'New College Valley', Caughley Beach, Cape Bird, Ross Island.

ASPA 117, Avian Island, Northwest Marguerite Bay.

ASPA 118, Cryptogam Ridge, Mount Melbourne, Victoria Land.

ASPA 119, Forlidas Pond and Davis Valley
Ponds.

ASPA 120, Pointe-Geologie Archipelago
ASPA 121, Cape Royds, Ross Island.

ASPA 122, Arrival Heights, Hut Point Peninsula, Ross Island.

ASPA 123, Barwick Valley, Victoria Land.
ASPA 124, Cape Crozier, Ross Island.
ASPA 125, Fildes Peninsula, King George Is-
land, South Shetland Islands.

ASPA 126, Byers Peninsula, Livingston Is-
land, South Shetland Islands.
ASPA 127, Haswell Island.

ASPA 128, Western Shore of Admiralty Bay, King George Island.

ASPA 129, Rothera Point, Adelaide Island. ASPA 130, Tramway Ridge, Mt. Erebus, Ross Island.

ASPA 131, Canada Glacier, Lake Fryxell, Taylor Valley, Victoria Land.

ASPA 132, Potter Peninsula, King George Is-
land, South Shetland Islands.
ASPA 133, Harmony Point.

ASPA 134, Cierva Point and nearby islands,
Danco Coast, Antarctic Peninsula.
ASPA 135, Bailey Peninsula, Budd Coast,
Wilkes Land.

ASPA 136, Clark Peninsula, Budd Coast,
Wilkes Land.

ASPA 137, Northwest White Island, McMurdo Sound.

ASPA 138, Linnaeus Terrace, Asgard Range, Victoria Land.

ASPA 139, Biscoe Point, Anvers Island,
Palmer Archipelago.

ASPA 140, Shores of Port Foster, Deception
Island, South Shetland Islands.
ASPA 141, Yukidori Valley, Langhovde,
Lutzow-Holm Bay.

ASPA 142, Svarthamaren Mountain, Muhlig-
Hofmann Mountains, Queen Maud Land.
ASPA 143, Marine Plain, Mule Peninsula,
Vestfold Hills, Princess Elizabeth Land.
ASPA 144, Chile Bay (Discovery Bay), Green-
wich Island, South Shetland Islands.
ASPA 145, Port Foster, Deception Island,
South Shetland Islands.

ASPA 146, South Bay, Doumer Island, Palmer Archipelago.

ASPA 147, Ablation

Heights, Alexander Island.

Point-Ganymede

ASPA 148, Mount Flora, Hope Bay, Antarctic Peninsula.

ASPA 149, Cape Shirreff, Livingston Island, South Shetland Islands.

ASPA 150, Ardley Island, Maxwell Bay, King George Island, South Shetland Islands. ASPA 151, Lions Rump, King George Island, South Shetland Islands.

ASPA 152, Western Bransfield Strait, off Low Island, South Shetland Islands.

ASPA 153, East Dallmann Bay, off Brabant
Island.

ASPA 154, Cape Evans Historic Site.
ASPA 155, Lewis Bay Tomb.

ASPA 156, Hut and associated artifacts,
Backdoor Bay, Cape Royds, Ross Island.
ASPA 157, Discovery Hut, Hut Point, Ross Is-
land.

ASPA 158, Huts and associated artifacts, Cape Adare.

ASPA 159, Summit of Mt. Melbourne, North Victoria Land.

ASAP 160, Botany Bay, Cape Geology, Victoria Land.

[63 FR 50164, Sept. 21, 1998, as amended at 66 FR 46740, Sept. 7, 2001]

$670.30 [Reserved]

Subpart G-Import Into and Export From the United States

§ 670.31 Specific issuance criteria for imports.

Subject to compliance with other applicable law, any person who takes a native mammal, bird, or plant under a permit issued under the regulations in this part may import it into the United States unless the Director finds that the importation would not further the purpose for which it was taken. If the

importation is for a purpose other than that for which the native mammal, bird, or plant was taken, the Director may permit importation upon a finding that importation would be consistent with the purposes of the Act, the regulations in this part, or the permit under which they were taken.

$670.32 Specific issuance criteria for exports.

The Director may permit export from the United States of any native mammal, bird, or native plants taken within Antarctica upon a finding that exportation would be consistent with the purposes of the Act, the regulations in this part, or the permit under which they were taken.

§ 670.33 Content 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 mammal, a native bird, or native plants taken within Antarctica 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;

(b) Information demonstrating that the import or export is consistent with the purposes of the Act or the regulations in this part;

(c) A statement as to which U.S. port will be used for the import or export, and

(d) Information describing the intended ultimate disposition of the imported or exported item.

§ 670.34 Entry and exit ports.

(a) Any native mammal, native bird, or native plants taken within Antarctica that are 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 currently designated are:

(1) Los Angeles, California.
(2) San Francisco, California.
(3) Miami, Florida.
(4) Honolulu, Hawaii.
(5) Chicago, Illinois.

(6) New Orleans, Louisiana.
(7) New York, New York.
(8) Seattle, Washington.

(9) Dallas/Fort Worth, Texas.

(10) Portland, Oregon.

(11) Baltimore, Maryland.

(12) Boston, Massachusetts. (13) Atlanta, Georgia.

(b) Permits to import or export at non-designated ports may be sought from the Secretary of Interior pursuant to subpart C, 50 CFR part 14. $670.35 [Reserved]

Subpart H-Introduction of NonIndigenous Plants and Animals

$670.36 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) Domestic plants; and

(b) Laboratory animals and plants including viruses, bacteria, yeasts, and fungi.

Living non-indigenous species of birds shall not be introduced into Antarctica.

$670.37 Content of permit applications.

Applications for the introduction of plants and animals into Antarctica must describe:

(a) The species, numbers, and if appropriate, the age and sex, of the animals or plants to be introduced into Antarctica;

(b) The need for the plants or animals;

(c) What precautions the applicant will take to prevent escape or contact with native fauna and flora; and

(d) How the plants or animals will be removed from Antarctica or destroyed after they have served their purpose.

$670.38 Conditions of permits.

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 its escape or contact with native fauna and flora and that after serving its purpose the plant or animal shall be removed from Antarctica or be

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Environmental Protection to the Antarctic Treaty, signed in Madrid, Spain, on October 4, 1991.

§ 671.2 Scope.

These regulations in part 671 apply to any U.S. citizen's use or release of a banned substance, designated pollutant or waste in Antarctica.

[58 FR 34719, June 29, 1993, as amended at 59 FR 37438, July 22, 1994]

§ 671.3 Definitions.

(a) Definitions. In this part:

Act means the Antarctic Conservation Act of 1978, Public Law 95-541, 92 Stat. 2048 (16 U.S.C. 2401 et seq.)

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

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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

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