Conservation of Antarctic Animals and Plants

NATIONAL SCIENCE FOUNDATION

45 CFR Part 670

RIN 3145-AA34

Conservation of Antarctic Animals and Plants

AGENCY: National Science Foundation (NSF).

ACTION: Proposed rule.

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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

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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

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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

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\1\ These species of mammals have been designated as specially

protected species and are subject to subpart E of this part.

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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