98-14474. Conservation of Antarctic Animals and Plants  

  • [Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
    [Proposed Rules]
    [Pages 29963-29970]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-14474]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    NATIONAL SCIENCE FOUNDATION
    
    45 CFR Part 670
    
    RIN 3145-AA34
    
    
    Conservation of Antarctic Animals and Plants
    
    AGENCY: National Science Foundation (NSF).
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: NSF proposes to revise its existing regulations for the 
    conservation and protection of Antarctic animals and plants. These 
    revisions implement amendments to the Antarctic Conservation Act of 
    1978 contained in the Antarctic Science Tourism and Conservation Act of 
    1996.
    
    DATES: Comments must be received by August 3, 1998.
    
    ADDRESSES: Comments should be sent to Anita Eisenstadt, Assistant 
    General Counsel, National Science Foundation, 4201 Wilson Boulevard, 
    Room 1265, Arlington, Virginia 22230.
    
    FOR FURTHER INFORMATION CONTACT:
    Anita Eisenstadt, Office of the General Counsel, at 703-306-1060.
    
    SUPPLEMENTARY INFORMATION: 
    
    Background
    
        The Antarctic Treaty of 1959 establishes a framework for promoting 
    international cooperation in scientific research in Antarctica and 
    ensuring that Antarctica will be used only for peaceful purposes. The 
    Antarctic environment has been an important concern to the Treaty 
    Parties and over the years the Parties have adopted a series of 
    measures to protect Antarctic living resources.
        At the Third Consultative Meeting in 1964, the Antarctic Treaty 
    Parties adopted the Agreed Measures for the Conservation of Antarctic 
    Fauna and Flora. The measures recommended establishment of a permit 
    system for various activities in Antarctica and designation of certain 
    Antarctic mammals and geographic areas as requiring special protection. 
    These measures were implemented in the United States through the 
    Antarctic Conservation Act of 1978 (ACA) (16 U.S.C. 2401 et seq.). 
    Under the Antarctic Conservation Act and through its implementing 
    regulations, NSF established a regulatory framework to conserve and 
    protect the native mammals, birds, and plants of Antarctica. A permit 
    system allows certain activities, otherwise prohibited, when performed 
    within prescribed restrictions for scientific and other valid purposes. 
    Activities requiring a permit include entry into specially protected 
    areas, taking of fauna and flora, import into and export from the 
    United States of fauna and flora, and introduction of non-indigenous 
    species.
        Recognizing the value of establishing a comprehensive regime for 
    protecting the Antarctic environment and its associated ecosystems, the 
    Antarctic Treaty Parties adopted in 1991 the Protocol on Environmental 
    Protection to the Antarctic Treaty and five annexes (Protocol). The 
    Protocol consolidates, updates, and strengthens the environmental 
    provisions previously adopted by the parties. Annex II of the Protocol 
    contains provisions of conservation of Antarctic plants and animals. 
    Annex V contains provisions for the protection of specially designated 
    areas. Annex II and Annex V incorporate and expand the Agreed Measures 
    of 1964.
        On October 2, 1996, the President implemented the Protocol by 
    signing into law the Antarctic Science, Tourism, and Conservation Act 
    of 1996 (ASTCA) (Pub. L. 104-227). Section 6 of the ACA, (16 U.S.C. 
    2405), as amended by the ASTCA, directs the Director of the National 
    Science Foundation to issue such regulations as are necessary and
    
    [[Page 29964]]
    
    appropriate to implement Annexes II and V to the Protocol. NSF is 
    therefore revising its existing ACA regulations protecting animals and 
    plants in order to implement Annexes II and V of the Protocol, as 
    required by the ASTCA amendments to the ACA.
    
    Revisions to the Existing ACA Regulations
    
        These amendments revise NSF's existing regulations for the 
    conservation of Antarctic animals and plants to meet the technical 
    requirements of the Protocol. The revisions do not materially alter the 
    permit system that has been in place since 1979 to implement the Agreed 
    Measures. Permits will continue to be required for entry into specially 
    protected areas, taking of birds and mammals, export into and import 
    from the United States of birds, mammals, and certain plants, and 
    introduction of non-indigenous plants and animals into Antarctica. The 
    permit requirement for native plants has been slightly modified. 
    Permits were previously required for collecting native plants within 
    Antarctic Specially Protected Areas. The revised regulations require a 
    permit to remove or damage native plants anywhere within Antarctica if 
    the quantity plants removed or damaged would significantly affect the 
    species' local distribution or abundance (16 U.S.C. 2402(20) and 16 
    U.S.C. 2403(b)(4)). The revised regulations also require a permit for 
    engaging in harmful interference with native plants, mammals, birds, 
    and invertebrates (16 U.S.C. Sec. 2402(5) and 16 U.S.C. 2403(b)(4)).
        The revised regulations also implement the Protocol's revised 
    nomenclature of protected areas. Areas previously designated as 
    Specially Protected Areas and Sites of Special Scientific Interest are 
    now referred to as Antarctic Specially Protected Areas (16 U.S.C. 
    2402(3)). Some technical revisions have also been made to the 
    definitions used in the regulations to conform to the revised 
    definitions in the ACA. Finally, in accordance with Annex II of the 
    Protocol, dogs may no longer be introduced into Antarctica. 
    Consequently, the provision allowing their introduction by permit has 
    been deleted from the regulations.
    
    Summary of Provisions
    
        Subpart A of these regulations states their purpose and scope and 
    defines terms used in the regulations. Prohibited acts and exceptions 
    to them are discussed in Subpart B. The procedures for obtaining a 
    permit and the terms and conditions of such permits are set forth in 
    Subpart C. Subpart D designates mammals, birds and plants native to 
    Antarctica. More restrictive permit requirements for mammals, birds, 
    and plants designated as Specially Protected Species are set forth in 
    Subpart E. Areas of outstanding scientific and ecological value are 
    designated in Subpart F. Entry into these areas is prohibited without a 
    permit. Conditions under which Antarctic birds, mammals, and certain 
    Antarctic plants may be imported into or exported from the United 
    States are set forth in Subpart G. Subpart H sets forth conditions 
    where the introduction into Antarctica of non-indigenous plants and 
    animals can be permitted.
    
    Determinations
    
        NSF has determined, under the criteria set forth in Executive Order 
    12866, that this rule is not a significant regulatory action requiring 
    review by the Office of Information and Regulatory Affairs. As required 
    by the Regulatory Flexibility Act, it is hereby certified that this 
    rule will not have a significant impact on a substantial number of 
    small businesses. For purposes of the Paperwork Reduction Act (44 
    U.S.C. 3501 et seq.), the permit application and reporting collection 
    of information requirements are nearly identical to those required by 
    NSF's existing regulations. However, because this rule will necessitate 
    minor technical changes to NSF's current ACA permit application form, 
    NSF is simultaneously publishing a Proposed Reinstatement of 
    Information Collection with Changes in today's issue of the Federal 
    Register. Finally, NSF has reviewed this rule in light of section 2 of 
    Executive Order 12778 and I certify for the National Science Foundation 
    that this rule meets the applicable standards provided in sections 2(a) 
    and 2(b) of that order.
    
    List of Subjects in 45 CFR Part 670
    
        Administrative practice and procedure, Antarctica, Exports, 
    Imports, Reporting and recordkeeping requirements, Wildlife.
    
        Dated: May 21, 1998.
    Lawrence Rudolph,
    General Counsel, National Science Foundation.
    
        For the reasons set forth in the preamble, the National Science 
    Foundation proposes to revise 45 CFR part 670 to read as follows:
    
    PART 670--CONSERVATION OF ANTARCTIC ANIMALS AND PLANTS
    
    Subpart A--Introduction
    
    Sec.
    670.1  Purpose of regulations.
    670.2  Scope.
    670.3  Definitions.
    
    Subpart B--Prohibited Acts, Exceptions
    
    670.4  Prohibited acts.
    670.5  Exceptions in extraordinary circumstances.
    670.6  Prior possession exception.
    670.7  Food exception.
    670.8  Foreign permit exception.
    670.9  Antarctic Conservation Act enforcement exception.
    670.10  [Reserved]
    
    Subpart C--Permits
    
    670.11  Applications for permits.
    670.12  General issuance criteria.
    670.13  Permit administration.
    670.14  Conditions of permits.
    670.15  Modification, suspension and revocation.
    670.16  [Reserved]
    
    Subpart D--Native Mammals, Birds, Plants, and Invertebrates
    
    670.17  Specific issuance criteria.
    670.18  Content of permit applications.
    670.19  Designation of native mammals.
    670.20  Designation of native birds.
    670.21  Designation of native plants.
    670.22  [Reserved]
    
    Subpart E--Specially Protected Species of Mammals, Birds, and Plant
    
    670.23  Specific issuance criteria.
    670.24  Content of permit applications.
    670.25  Designation of specially protected species of native 
    mammals, birds and plants.
    670.26  [Reserved]
    
    Subpart F--Antarctic Specially Protected Areas
    
    670.27  Specific issuance criteria.
    670.28  Content of permit applications.
    670.29  Designation of Antarctic specially protected areas.
    670.30  [Reserved]
    
    Subpart G--Import into and export from the United States
    
    670.31  Specific issuance criteria for imports.
    670.32  Specific issuance criteria for exports.
    670.33  Content of permit applications.
    670.35  Entry and exit ports.
    670.35  [Reserved]
    
    Subpart H--Introduction of Non-Indigenous Plants and Animals
    
    670.36  Specific issuance criteria.
    670.37  Content of permit applications.
    670.38  Conditions of permits.
    670.39  [Reserved]
    
        Authority: 16 U.S.C. 2405, as amended.
    
    [[Page 29965]]
    
    Subpart A--Introduction
    
    
    Sec. 670.1  Purpose of regulations.
    
        The purpose of the regulations in this part is to conserve and 
    protect the native mammals, birds, plants, and invertebrates of 
    Antarctica and the ecosystem upon which they depend and to implement 
    the Antarctic Conservation Act of 1978, Public Law 95-541, as amended 
    by the Antarctic Science, Tourism, and Conservation Act of 1996, Public 
    Law 104-227.
    
    
    Sec. 670.2  Scope.
    
        The regulations in this part apply to:
        (a) Taking mammals, birds, or plants native to Antarctica.
        (b) Engaging in harmful interference of mammals, birds, 
    invertebrates, or plants native to Antarctica.
        (c) Entering or engaging in activities within Antarctic Specially 
    Protected Areas.
        (d) Receiving, acquiring, transporting, offering for sale, selling, 
    purchasing, importing, exporting or having custody, control, or 
    possession of any mammal, bird, or plant native to Antarctica that was 
    taken in violation of the Act.
        (e) Introducing into Antarctica any member of a non-native species.
    
    
    Sec. 670.3  Definitions.
    
        In this part:
        Act means the Antarctic Conservation Act of 1978, Public Law 95-541 
    (16 U.S.C. 2401 et seq.) as amended by the Antarctic Science, Tourism, 
    and Conservation Act of 1996, Public Law 104-227.
        Antarctic Specially Protected Area means an area designated by the 
    Antarctic Treaty Parties to protect outstanding environmental, 
    scientific, historic, aesthetic, or wilderness values or to protect 
    ongoing or planned scientific research, designated in Subpart F.
        Antarctica means the area south of 60 degrees south latitude.
        Director means the Director of the National Science Foundation, or 
    an officer or employee of the Foundation designated by the Director.
        Harmful interference means--
        (a) Flying or landing helicopters or other aircraft in a manner 
    that disturbs concentrations of birds or seals;
        (b) Using vehicles or vessels, including hovercraft and small 
    boats, in a manner that disturbs concentrations of birds or seals;
        (c) Using explosives or firearms in a manner that disturbs 
    concentrations of birds or seals;
        (d) Willfully disturbing breeding or molting birds or 
    concentrations of birds or seals by persons on foot;
        (e) Significantly damaging concentrations of native terrestrial 
    plants by landing aircraft, driving vehicles, or walking on them, or by 
    other means; and
        (f) Any activity that results in the significant adverse 
    modification of habitats of any species or population of native mammal, 
    native bird, native plant, or native invertebrate.
        Import means to land on, bring into, or introduce into, or attempt 
    to land on, bring into or introduce into, any place subject to the 
    jurisdiction of the United States, including the 12-mile territorial 
    sea of the United States, whether or not such act constitutes an 
    importation within the meaning of the customs laws of the United 
    States.
        Management plan means a plan to manage the activities and protect 
    the special value or values in an Antarctic Specially Protected Area 
    designated by the United States as such a site consistent with plans 
    adopted by the Antarctic Treaty Consultative Parties.
        Native bird means any member, at any stage of its life cycle, of 
    any species of the class Aves which is indigenous to Antarctica or 
    occurs there seasonally through natural migrations, that is designated 
    in subpart D of this part. It includes any part, product, egg, or 
    offspring of or the dead body or parts thereof excluding fossils.
        Native invertebrate means any terrestrial or freshwater 
    invertebrate, at any stage of its life cycle, which is indignenous to 
    Antarctica. It includes any part thereof, but excludes fossils.
        Native mammal means any member, at any stage of its life cycle, of 
    any species of the class Mammalia, which is indigenous to Antarctica or 
    occurs there seasonally through natural migrations, that is designated 
    in subpart D of this part. It includes any part, product, offspring of 
    or the dead body or parts thereof but excludes fossils.
        Native plant means any terrestrial or freshwater vegetation, 
    including bryophytes, lichens, fungi, and algae, at any stage of its 
    life cycle which is indigenous to Antarctica that is designated in 
    subpart D of this part. It includes seeds and other propagules, or 
    parts of such vegetation, but excludes fossils.
        Person has the meaning given that term in section 1 of title 1, 
    United States Code, and includes any person subject to the jurisdiction 
    of the United States and any department, agency, or other 
    instrumentality of the Federal Government or of any State or local 
    government.
        Protocol means the Protocol on Environmental Protection to the 
    Antarctic Treaty, signed October 4, 1991, in Madrid, and all annexes 
    thereto, including any future amendments to which the United States is 
    a Party.
        Specially Protected Species means any native species designated as 
    a Specially Protected Species that is designated in subpart E of this 
    part.
        Take or taking means to kill, injure, capture, handle, or molest a 
    native mammal or bird, or to remove or damage such quantities of native 
    plants that their local distribution or abundance would be 
    significantly affected 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, the Commonwealth of the Northern Mariana Islands, 
    and other commonwealth, territory, or possession of the United States.
    
    Subpart B--Prohibited Acts, Exceptions
    
    
    Sec. 670.4  Prohibited acts.
    
        Unless a permit has been issued pursuant to subpart C of this part 
    or unless one of the exceptions stated in Secs. 670.5 through 670.9 is 
    applicable, it is unlawful to commit, attempt to commit, or cause to be 
    committed any of the acts described in paragraphs (a) through (g) of 
    this section.
        (a) Taking of native mammal, bird or plants. It is unlawful for any 
    person to take within Antarctica a native mammal, a native bird, or 
    native plants.
        (b) Engaging in harmful interference. It is unlawful for any person 
    to engage in harmful interference in Antarctica of native mammals, 
    native birds, native plants or native invertebrates.
        (c) Entry into Antarctic specially designated areas. It is unlawful 
    for any person to enter or engage in activities within any Antarctic 
    Specially Protected Area.
        (d) Possession, sale, export, and import of native mammals, birds, 
    and plants. It is unlawful for any person to receive, acquire, 
    transport, offer for sale, sell, purchase, export, import, or have 
    custody, control, or possession of, any native bird, native mammal, or 
    native plant which the person knows, or in the exercise of due care 
    should have known, was taken in violation of the Act.
        (e) Introduction of non-indigenous animals and plants into 
    Antarctica. It is unlawful for any person to introduce into Antarctica 
    any animal or plant which is not indigenous to Antarctica or
    
    [[Page 29966]]
    
    which does not occur there seasonally through natural migrations, as 
    specified in subpart H of this part, except as provided in Secs. 670.7 
    and 670.8.
        (f) Violations of regulations. It is unlawful for any person to 
    violate the regulations set forth in this part.
        (g) Violation of permit conditions. It is unlawful for any person 
    to violate any term or condition of any permit issued under subpart C 
    of this part.
    
    
    Sec. 670.5  Exception in extraordinary circumstances.
    
        (a) Emergency exception. No act described in Sec. 670.4 shall be 
    unlawful if the person committing the act reasonably believed that the 
    act was committed under emergency circumstances involving the safety of 
    human life or of ships, aircraft, or equipment or facilities of high 
    value, or the protection of the environment.
        (b) Aiding or salvaging native mammals or native birds. The 
    prohibition on taking shall not apply to any taking of native mammals 
    or native birds if such action is necessary to:
        (1) Aid a sick, injured or orphaned specimen;
        (2) Dispose of a dead specimen; or
        (3) Salvage a dead specimen which may be useful for scientific 
    study.
        (c) Reporting. Any actions taken under the exceptions in this 
    section shall be reported promptly to the Director.
    
    
    Sec. 670.6  Prior possession exception.
    
        (a) Exception. Section 670.4 shall not apply to:
        (1) Any native mammal, bird, or plant which is held in captivity on 
    or before October 28, 1978; or
        (2) Any offspring of such mammal, bird, or plant.
        (b) Presumption. With respect to any prohibited act set forth in 
    Sec. 670.4 which occurs after April 29, 1979, the Act creates a 
    rebuttable presumption that the native mammal, native bird, or native 
    plant involved in such act was not held in captivity on or before 
    October 28, 1978, or was not an offspring referred to in paragraph (a) 
    of this section.
    
    
    Sec. 670.7  Food exception.
    
        Paragraph (e) of Sec. 670.4 shall not apply to the introduction of 
    animals and plants into Antarctica for use as food as long as animals 
    and plants used for this purpose are kept under carefully controlled 
    conditions. This exception shall not apply to living species of 
    animals. Unconsumed poultry or its parts shall be removed from 
    Antarctica unless incinerated, autoclaved or otherwise sterilized.
    
    
    Sec. 670.8  Foreign permit exception.
    
        Paragraphs (d) and (e) of Sec. 670.4 shall not apply to 
    transporting, carrying, receiving, or possessing native mammals, native 
    plants, or native birds or to the introduction of non-indigenous 
    animals and plants when conducted by an agency of the United States 
    Government on behalf of a foreign national operating under a permit 
    issued by a foreign government to give effect to the Protocol.
    
    
    Sec. 670.9  Antarctic Conservation Act enforcement exception.
    
        Paragraphs (a) through (d) of Sec. 670.4 shall not apply to acts 
    carried out by an Antarctic Conservation Act Enforcement Officer 
    (designated pursuant to 45 CFR 672.3) if undertaken as part of the 
    Antarctic Conservation Act Enforcement Officer's official duties.
    
    
    Sec. 670.10  [Reserved]
    
    Subpart C--Permits
    
    
    Sec. 670.11  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 of the applicant must be included; or
        (ii) Where the applicant is a corporation, firm, partnership, or 
    institution, or agency, either private or public, the name and address 
    of its president or principal officer must be included.
        (2) Where the applicant seeks to engage in a taking,
        (i) The scientific names, numbers, and description of native 
    mammals, native birds or native plants to be taken; and
        (ii) Whether the native mammals, birds, or plants, or part of them 
    are to be imported into the United States, and if so, their ultimate 
    disposition.
        (3) Where the applicant seeks to engage in a harmful interference, 
    the scientific names, numbers, and description of native birds or 
    native seals to be disturbed; the scientific names, numbers, and 
    description of native plants to be damaged; or the scientific names, 
    numbers, and description of native invertebrates, native mammals, 
    native plants, or native birds whose habitat will be adversely 
    modified;
        (4) A complete description of the location, time period, and manner 
    in which the taking or harmful interference would be conducted, 
    including the proposed access to the location;
        (5) Where the application is for the introduction of non-indigenous 
    plants or animals, the scientific name and the number to be introduced;
        (6) Whether agents as referred to in Sec. 670.13 will be used; and
        (7) The desired effective dates 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, Birds, Plants, and Invertebrates--Sec. 670.17
    Specially Protected Species--Sec. 670.23
    Specially Protected Areas--Sec. 670.27
    Import and Export--Sec. 670.31
    Introduction of Non-Indigenous Plants and Animals--Sec. 670.36
    
        (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 applications 
    shall be in writing, addressed to:
    
        Permit Officer, Office of Polar Programs, National Science 
    Foundation, Room 755, 4201 Wilson Boulevard, Arlington, Virginia 
    22230.
    
        (e) Sufficiency of application. The sufficiency of the application 
    shall be determined by the Director. The Director may waive any 
    requirement for information, or request additional information as 
    determined to be relevant to the processing of the application.
        (f) Withdrawal. An applicant may withdraw an 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.
    
    
    Sec. 670.12  General issuance criteria.
    
        Upon receipt of a complete and properly-executed application for a
    
    [[Page 29967]]
    
    permit and the expiration of the applicable public comment period, the 
    Director will decide whether to issue the permit. In making the 
    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 the regulations in this part;
        (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 the application.
    
    
    Sec. 670.13  Permit administration.
    
        (a) Issuance of the permits. The Director may approve any 
    application in whole or part. Permits shall be issued in writing and 
    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 of 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 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.
    
    
    Sec. 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 Director not later than June 30 for the preceding 12 months.
    
    
    Sec. 670.15  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 conditions 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.
    
    
    Sec. 670.16  [Reserved]
    
    Subpart D--Native Mammals, Birds, Plants and Invertebrates
    
    
    Sec. 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 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; 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.
    
    
    Sec. 670.18  Content 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 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
    
    [[Page 29968]]
    
    interference, transporting, carrying, or shipping of a native mammal or 
    bird shall be humane.
    
    
    Sec. 670.19  Designation of native mammals.
    
        The following are designated native mammals:
    
    Pinnipeds:
        Crabeater seal--Lobodon carcinophagus
        Southern elephant seal--Mirounga leonina.
        Souther fur seals--Arctocephalus spp.1
    ---------------------------------------------------------------------------
    
        \1\ These species of mammals have been designated as specially 
    protected species and are subject to subpart E of this part.
    ---------------------------------------------------------------------------
    
        Leopard seal--Hydrurga leptonyx.
        Ross seal--Ommatophoca rossi.1
        Weddell seal--Leptonychotes weddelli.
    Large Cetaceans (Whales):
        Blue whale--Balaenoptera musculus
        Pygmy blue whale--Balaenoptera musculus brevicauda
        Fin whale--Balaenoptera physalus
        Humpback whale--Megaptera novaeangliae
        Minke whale--Balaenoptera acutrostrata
        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 dolpin--Lagenorhynchus obscurus
        Hourglass dolphin--Lagenorhynchus cruciger
        Killer whale--Orcinus orca
        Long-finned pilot whale--Globicephala melaena
        Southern right whale dolpin--Lissodelphis peronii
        Southern bottlenose whale--Hyperoodon planifrons.
        Spectacled porpoise--Phocoena dioptrica
    
    
    Sec. 670.20  Designation of native birds.
    
        The following are designated native birds:
    
    Albatross:
        Black-browed--Diomedea melanophris.
        Gray-head--Diomedea chrysostoma.
        Light-mantled sooty--Phoebetria palpebrata.
        Wandering--Diomedea exulans.
    Fulmer:
        Northern Giant--Macronectes halli.
        Southern--Fulmarus glacialoides.
        Souther Giant--Macronectes giganteus.
    Gull:
        Southern Black-backed--Larus dominicanus.
    Jaeger:
        Parasitic--Stercorarius parasiticus.
        Pomarine--Stercorarius pomarius.
    Penguin:
        Adelie--Pygoscelis adeliae.
        Chinstrap--Pygoscelis antarctica.
        Emperor--Aptenodytes forsteri.
        Gentoo--Pygoscelis papua.
        King--Aptenodytes patagonicus.
        Macaroni--Eudyptes chrysolophus.
        Rockhopper--Eudyptes crestatus.
    Petrel:
        Antarctic--Thalassocia antarctica.
        Black-bellied Storm--Fregatta tropica.
        Blue--Halobaena caerulea.
        Gray--Procellaria cinerea.
        Great-winged--Pterodroma macroptera.
        Kerguelen--Pterodroma brevirostris.
        Kerguelen--Pterodroma macroptera.
        Mottled--Pterodroma inexpectata.
        Snow--Pagodroma nivea.
        Soft-plumged--Pterodroma mollis.
        South-Georgia Diving--Pelecanoides georgicus.
        White-bellied Storm--Fregetta grallaria.
        White-chinned--Procellaria aequinoctialis.
        White-headed--Pterodroma lessonia.
        Wilson's Storm--Oceanites oceanicus.
    Pigeon:
        Cape--Daption capense.
    Pintail:
        South American Yellow-billed--Anas georgica spinicauda.
    Prion:
        Antarctic--Pachyptila desolata.
        Narrow-billed--Pachyptila belcheri.
    Shag:
        Blue-eyed--Phalacrocorax atriceps.
    Shearwater:
        Sooty--Puffinus griseus.
    Sheathbill:
        American--Chionis alba.
    Skua:
        Brown--Catharacta lonnbergi.
        South Polar--Catharacta maccormicki.
    Swallow:
        Barn--Hirundo rustica.
    Tern:
        Antarctic--Sterna vittata.
        Arctic--Sterna paradisaea.
    
    
    Sec. 670.21  Designation of native plants.
    
        All plants whose normal range is limited to, or includes Antarctica 
    are designated native plants, including:
    
    Bryophytes
    Freshwater algae
    Fungi
    Lichens
    Marine algae
    Vascular Plants
    
    
    Sec. 670.22  [Reserved]
    
    Subpart E--Specially Protected Species of Mammals, Birds and Plants
    
    
    Sec. 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 Sec. 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.
    
    
    Sec. 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.
    
    
    Sec. 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 rossi.
    
    
    Sec. 670.26  [Reserved]
    
    Subpart F--Antarctic Specially Protected Areas
    
    
    Sec. 670.27  Specific issuance criteria.
    
        Permits authorizing entry into any Antarctic Specially Protected 
    Area designated in Sec. 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.
    
    
    Sec. 670.28  Content of permit applications.
    
        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;
    
    [[Page 29969]]
    
        (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.
    
    
    Sec. 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 Island, South Shetland 
    Islands.
    ASPA 126, Byers Peninsula, Livingston Island, 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 Georgia Island, South Shetland 
    Island.
    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, Asquard 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), Greenwich Island, South 
    Shetland Islands.
    ASPA 145, Port Foster, Deception Island, South Shetland Islands.
    ASPA 146, South Bay, Doumer Island, Palmer Archipelago.
    ASPA 147, Ablation Point-Ganymede Heights, Alexander Island.
    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
    
    
    Sec. 670.30  [Reserved]
    
    Subpart G--Import Into and Export From the United States
    
    
    Sec. 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.
    
    
    Sec. 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.
    
    
    Sec. 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.
    
    
    Sec. 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/Forth 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.
    
    
    Sec. 670.35  [Reserved]
    
    Subpart H--Introduction of Non-Indigenous Plants and Animals
    
    
    Sec. 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:
    
    [[Page 29970]]
    
        (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.
    
    
    Sec. 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 purposes.
    
    
    Sec. 670.38  Conditions of permit.
    
        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 destroyed in manner that protects the natural 
    system of Antarctica.
    
    
    Sec. 670.39  [Reserved]
    
    [FR Doc. 98-14474 Filed 6-1-98; 8:45 am]
    BILLING CODE 7555-01-M
    
    
    

Document Information

Published:
06/02/1998
Department:
National Science Foundation
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
98-14474
Dates:
Comments must be received by August 3, 1998.
Pages:
29963-29970 (8 pages)
RINs:
3145-AA34: Conservation of Antarctic Animals and Plants
RIN Links:
https://www.federalregister.gov/regulations/3145-AA34/conservation-of-antarctic-animals-and-plants
PDF File:
98-14474.pdf
CFR: (44)
45 CFR 670.35
45 CFR 670.36
45 CFR 670.37
45 CFR 670.38
45 CFR 670.39
More ...