[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3060 Reported in House (RH)]
Union Calendar No. 293
104th CONGRESS
2d Session
H. R. 3060
[Report No. 104-593, Part I]
_______________________________________________________________________
A BILL
To implement the Protocol on Environmental Protection to the Antarctic
Treaty.
_______________________________________________________________________
May 23, 1996
Committees on International Relations and Resources discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Union Calendar No. 293
104th CONGRESS
2d Session
H. R. 3060
[Report No. 104-593, Part I]
To implement the Protocol on Environmental Protection to the Antarctic
Treaty.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 1996
Mr. Walker (for himself, Mr. Brown of California, Mrs. Morella, Mr.
Schiff, Mr. Rohrabacher, Mr. Cramer, Mr. Davis, Mr. Ehlers, Mr.
Boehlert, Mr. Weldon of Pennsylvania, Mrs. Seastrand, Mr. Hastings of
Florida, Ms. Lofgren, Mr. McHale, Ms. Eddie Bernice Johnson of Texas,
Mr. Minge, Mr. Olver, Ms. Rivers, Ms. Jackson-Lee of Texas, and Mr.
Baker of California) introduced the following bill; which was referred
to the Committee on Science, and in addition to the Committees on
International Relations and Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
May 23, 1996
Additional sponsors: Mr. Calvert, Mr. Foley, Mr. Gutknecht, Mr. Doyle,
Mr. Sensenbrenner, Mr. Bartlett of Maryland, Mr. Weldon of Florida, Mr.
Fawell, and Mr. Porter
May 23, 1996
Reported from the Committee on Science
May 23, 1996
Referral to the Committees on International Relations and Resources
extended for a period ending not later than May 23, 1996
May 23, 1996
Committees on International Relations and Resources discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To implement the Protocol on Environmental Protection to the Antarctic
Treaty.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antarctic Environmental Protection
Act of 1996''.
TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978
SEC. 101. FINDINGS AND PURPOSE.
Section 2 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2401) is amended to read as follows:
``SEC. 2. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that the Antarctic Treaty and
the Protocol on Environmental Protection to the Antarctic Treaty
establish a firm foundation for the comprehensive protection of the
Antarctic environment, the continuation of international cooperation,
and the freedom of scientific investigation in Antarctica.
``(b) Purpose.--The purpose of this Act is to provide legislative
authority to implement, with respect to the United States, the Protocol
on Environmental Protection to the Antarctic Treaty.''.
SEC. 102. DEFINITIONS.
Section 3 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2402) is amended to read as follows:
``SEC. 3. DEFINITIONS.
``For purposes of this Act--
``(1) the term `Administrator' means the Administrator of
the Environmental Protection Agency;
``(2) the term `Antarctica' means the area south of 60
degrees south latitude;
``(3) the term `Antarctic Specially Protected Area' means
an area identified as such pursuant to Annex V to the Protocol;
``(4) the term `Director' means the Director of the
National Science Foundation;
``(5) the term `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;
``(6) the term `historic site or monument' means any site
or monument listed as a historic site or monument pursuant to
Annex V to the Protocol;
``(7) the term `impact' means impact on the Antarctic
environment and dependent and associated ecosystems;
``(8) the term `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;
``(9) the term `native bird' means any member, at any stage
of its life cycle (including eggs), of any species of the class
Aves which is indigenous to Antarctica or occurs there
seasonally through natural migrations, and includes any part of
such member;
``(10) the term `native invertebrate' means any terrestrial
or freshwater invertebrate, at any stage of its life cycle,
which is indigenous to Antarctica, and includes any part of
such invertebrate;
``(11) the term `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, and includes any part of such
member;
``(12) the term `native plant' means any terrestrial or
freshwater vegetation, including bryophytes, lichens, fungi,
and algae, at any stage of its life cycle (including seeds and
other propagules), which is indigenous to Antarctica, and
includes any part of such vegetation;
``(13) the term `non-native species' means any species of
animal or plant which is not indigenous to Antarctica and does
not occur there seasonally through natural migrations;
``(14) the term `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;
``(15) the term `prohibited product' means any substance
banned from introduction onto land or ice shelves or into water
in Antarctica pursuant to Annex III to the Protocol;
``(16) the term `prohibited waste' means any substance
which must be removed from Antarctica pursuant to Annex III to
the Protocol, but does not include materials used for balloon
envelopes required for scientific research and weather
forecasting;
``(17) the term `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 thereto to which the United States is a
party;
``(18) the term `Secretary' means the Secretary of
Commerce;
``(19) the term `Specially Protected Species' means any
native species designated as a Specially Protected Species
pursuant to Annex II to the Protocol;
``(20) the term `take' 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;
``(21) the term `Treaty' means the Antarctic Treaty signed
in Washington, DC, on December 1, 1959;
``(22) the term `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 any other
commonwealth, territory, or possession of the United States;
and
``(23) the term `vessel subject to the jurisdiction of the
United States' includes any `vessel of the United States' and
any `vessel subject to the jurisdiction of the United States'
as those terms are defined in section 303 of the Antarctic
Marine Living Resources Convention Act of 1984 (16 U.S.C.
2432).''.
SEC. 103. PROHIBITED ACTS.
Section 4 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2403) is amended to read as follows:
``SEC. 4. PROHIBITED ACTS.
``(a) In General.--It is unlawful for any person--
``(1) to introduce any prohibited product onto land or ice
shelves or into water in Antarctica;
``(2) to dispose of any waste onto ice-free land areas or
into fresh water systems in Antarctica;
``(3) to dispose of any prohibited waste in Antarctica;
``(4) to engage in open burning of waste;
``(5) to transport passengers to, from, or within
Antarctica by any seagoing vessel not required to comply with
the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.), unless the person has an agreement with the vessel owner
or operator under which the owner or operator is required to
comply with Annex IV to the Protocol;
``(6) who organizes, sponsors, operates, or promotes a
nongovernmental expedition to Antarctica, and who does business
in the United States, to fail to notify all members of the
expedition of the environmental protection obligations of this
Act, and of actions which members must take, or not take, in
order to comply with those obligations;
``(7) to damage, remove, or destroy a historic site or
monument;
``(8) to refuse permission to any authorized officer or
employee of the United States to board a vessel, vehicle, or
aircraft of the United States, or subject to the jurisdiction
of the United States, for the purpose of conducting any search
or inspection in connection with the enforcement of this Act or
any regulation promulgated or permit issued under this Act;
``(9) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any authorized officer or
employee of the United States in the conduct of any search or
inspection described in paragraph (8);
``(10) to resist a lawful arrest or detention for any act
prohibited by this section;
``(11) to interfere with, delay, or prevent, by any means,
the apprehension, arrest, or detention of another person,
knowing that such other person has committed any act prohibited
by this section;
``(12) to violate any regulation issued under this Act, or
any term or condition of any permit issued to that person under
this Act; or
``(13) to attempt to commit or cause to be committed any
act prohibited by this section.
``(b) Acts Prohibited Unless Authorized by Permit.--It is unlawful
for any person, unless authorized by a permit issued under this Act--
``(1) to dispose of any waste in Antarctica (except as
otherwise authorized by the Act to Prevent Pollution from
Ships) including--
``(A) disposing of any waste from land into the sea
in Antarctica; and
``(B) incinerating any waste on land or ice shelves
in Antarctica, or on board vessels at points of
embarcation or debarcation, other than through the use
at remote field sites of incinerator toilets for human
waste;
``(2) to introduce into Antarctica any member of a
nonnative species;
``(3) to enter or engage in activities within any Antarctic
Specially Protected Area;
``(4) to engage in any taking or harmful interference in
Antarctica; or
``(5) to receive, acquire, transport, offer for sale, sell,
purchase, import, export, 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 this Act.
``(c) Exception for Emergencies.--No act described in subsection
(a) (1), (2), (3), (4), (5), (7), (12), or (13) or in subsection (b)
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.''.
SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.
The Antarctic Conservation Act of 1978 is amended by inserting
after section 4 the following new section:
``SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.
``(a) Federal Activities.--(1)(A) The obligations of the United
States under Article 8 of and Annex I to the Protocol shall be
implemented by applying the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) to proposals for Federal agency activities in
Antarctica, as specified in this section.
``(B) The obligations contained in section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall
apply to all proposals for Federal agency activities occurring in
Antarctica and affecting the quality of the human environment in
Antarctica or dependent or associated ecosystems, only as specified in
this section. For purposes of the application of such section 102(2)(C)
under this subsection, the term `significantly affecting the quality of
the human environment' shall have the same meaning as the term `more
than a minor or transitory impact'.
``(2)(A) Unless an agency which proposes to conduct a Federal
activity in Antarctica determines that the activity will have less than
a minor or transitory impact, or unless a comprehensive environmental
evaluation is being prepared in accordance with subparagraph (C), the
agency shall prepare an initial environmental evaluation in accordance
with Article 2 of Annex I to the Protocol.
``(B) If the agency determines, through the preparation of the
initial environmental evaluation, that the proposed Federal activity is
likely to have no more than a minor or transitory impact, the activity
may proceed if appropriate procedures are put in place to assess and
verify the impact of the activity.
``(C) If the agency determines, through the preparation of the
initial environmental evaluation or otherwise, that a proposed Federal
activity is likely to have more than a minor or transitory impact, the
agency shall prepare and circulate a comprehensive environmental
evaluation in accordance with Article 3 of Annex I to the Protocol, and
shall make such comprehensive environmental evaluation publicly
available for comment.
``(3) Any agency decision under this section on whether a proposed
Federal activity, to which paragraph (2)(C) applies, should proceed,
and, if so, whether in its original or in a modified form, shall be
based on the comprehensive environmental evaluation as well as other
considerations which the agency, in the exercise of its discretion,
considers relevant.
``(4) For the purposes of this section, the term `Federal activity'
includes all activities conducted under a Federal agency research
program in Antarctica, whether or not conducted by a Federal agency.
``(b) Federal Activities Carried Out Jointly With Foreign
Governments.--(1) For the purposes of this subsection, the term
`Antarctic joint activity' means any Federal activity in Antarctica
which is proposed to be conducted, or which is conducted, jointly or in
cooperation with one or more foreign governments. Such term shall be
defined in regulations promulgated by such agencies as the President
may designate.
``(2) Where the Secretary of State, in cooperation with the lead
United States agency planning an Antarctic joint activity, determines
that--
``(A) the major part of the joint activity is being
contributed by a government or governments other than the
United States;
``(B) one such government is coordinating the
implementation of environmental impact assessment procedures
for that activity; and
``(C) such government has signed, ratified, or acceded to
the Protocol,
the requirements of subsection (a) of this section shall not apply with
respect to that activity.
``(3) In all cases of Antarctic joint activity other than those
described in paragraph (2), the requirements of subsection (a) of this
section shall apply with respect to that activity, except as provided
in paragraph (4).
``(4) Determinations described in paragraph (2), and agency actions
and decisions in connection with assessments of impacts of Antarctic
joint activities, shall not be subject to judicial review.
``(c) Nongovernmental Activities.--(1) The Administrator shall,
within 2 years after the date of the enactment of the Antarctic
Environmental Protection Act of 1996, promulgate regulations to provide
for--
``(A) the environmental impact assessment of
nongovernmental activities, including tourism, for which the
United States is required to give advance notice under
paragraph 5 of Article VII of the Treaty; and
``(B) coordination of the review of information regarding
environmental impact assessment received from other Parties
under the Protocol.
``(2) Such regulations shall be consistent with Annex I to the
Protocol.
``(d) Decision To Proceed.--(1) No decision shall be taken to
proceed with an activity for which a comprehensive environmental
evaluation is prepared under this section unless there has been an
opportunity for consideration of the draft comprehensive environmental
evaluation at an Antarctic Treaty Consultative Meeting, except that no
decision to proceed with a proposed activity shall be delayed through
the operation of this paragraph for more than 15 months from the date
of circulation of the draft comprehensive environmental evaluation
pursuant to Article 3(3) of Annex I to the Protocol.
``(2) The Secretary of State shall circulate the final
comprehensive environmental evaluation, in accordance with Article 3(6)
of Annex I to the Protocol, at least 60 days before the commencement of
the activity in Antarctica.
``(e) Cases of Emergency.--The requirements of this section, and of
regulations promulgated under this section, shall not apply in cases of
emergency relating to the safety of human life or of ships, aircraft,
or equipment and facilities of high value, or the protection of the
environment, which require an activity to be undertaken without
fulfilling those requirements.
``(f) Exclusive Mechanism.--Notwithstanding any other provision of
law, the requirements of this section shall constitute the sole and
exclusive statutory obligations of the Federal agencies with regard to
assessing the environmental impacts of proposed Federal activities
occurring in Antarctica.
``(g) Decisions on Permit Applications.--The provisions of this
section requiring environmental impact assessments (including initial
environmental evaluations and comprehensive environmental evaluations)
shall not apply to Federal actions with respect to issuing permits
under section 5.
``(h) Publication of Notices.--Whenever the Secretary of State
makes a determination under paragraph (2) of subsection (b) of this
section, or receives a draft comprehensive environmental evaluation in
accordance with Annex I, Article 3(3) to the Protocol, the Secretary of
State shall cause timely notice thereof to be published in the Federal
Register.''.
SEC. 105. PERMITS.
Section 5 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2404) is amended--
(1) in subsection (a) by striking ``section 4(a)'' and
inserting in lieu thereof ``section 4(b)'';
(2) in subsection (c)(1)(B) by striking ``Special'' and
inserting in lieu thereof ``Species''; and
(3) in subsection (e)--
(A) by striking ``or native plants to which the
permit applies,'' in paragraph (1)(A)(i) and inserting
in lieu thereof ``native plants, or native
invertebrates to which the permit applies, and'';
(B) by striking paragraph (1)(A) (ii) and (iii) and
inserting in lieu thereof the following new clause:
``(ii) the manner in which the taking or harmful
interference shall be conducted (which manner shall be
determined by the Director to be humane) and the area
in which it will be conducted;'';
(C) by striking ``within Antarctica (other than
within any specially protected area)'' in paragraph
(2)(A) and inserting in lieu thereof ``or harmful
interference within Antarctica'';
(D) by striking ``specially protected species'' in
paragraph (2) (A) and (B) and inserting in lieu thereof
``Specially Protected Species'';
(E) by striking ``; and'' at the end of paragraph
(2)(A)(i)(II) and inserting in lieu thereof ``, or'';
(F) by adding after paragraph (2)(A)(i)(II) the
following new subclause:
``(III) for unavoidable consequences of
scientific activities or the construction and
operation of scientific support facilities;
and'';
(G) by striking ``with Antarctica and'' in
paragraph (2)(A)(ii)(II) and inserting in lieu thereof
``within Antarctica are''; and
(H) by striking subparagraphs (C) and (D) of
paragraph (2) and inserting in lieu thereof the
following new subparagraph:
``(C) A permit authorizing the entry into an Antarctic
Specially Protected Area shall be issued only--
``(i) if the entry is consistent with an approved
management plan, or
``(ii) if a management plan relating to the area
has not been approved but--
``(I) there is a compelling purpose for
such entry which cannot be served elsewhere,
and
``(II) the actions allowed under the permit
will not jeopardize the natural ecological
system existing in such area.''.
SEC. 106. REGULATIONS.
Section 6 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2405) is amended to read as follows:
``SEC. 6. REGULATIONS.
``(a) Regulations To Be Issued by the Director.--(1) The Director
shall issue such regulations as are necessary and appropriate to
implement Annex II and Annex V to the Protocol and the provisions of
this Act which implement those annexes, including section 4(b) (2),
(3), (4), and (5) of this Act. The Director shall designate as native
species--
``(A) each species of the class Aves;
``(B) each species of the class Mammalia; and
``(C) each species of plant,
which is indigenous to Antarctica or which occurs there seasonally
through natural migrations.
``(2) The Director, with the concurrence of the Administrator,
shall issue such regulations as are necessary and appropriate to
implement Annex III to the Protocol and the provisions of this Act
which implement that Annex, including section 4(a) (1), (2), (3), and
(4), and section 4(b)(1) of this Act.
``(3) The Director shall issue such regulations as are necessary
and appropriate to implement Article 15 of the Protocol with respect to
land areas and ice shelves in Antarctica.
``(4) The Director shall issue such additional regulations as are
necessary and appropriate to implement the Protocol and this Act,
except as provided in subsection (b).
``(b) Regulations To Be Issued by the Secretary of the Department
in Which the Coast Guard Is Operating.--The Secretary of the Department
in which the Coast Guard is operating shall issue such regulations as
are necessary and appropriate, in addition to regulations issued under
the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to
implement Annex IV to the Protocol and the provisions of this Act which
implement that Annex, and, with the concurrence of the Director, such
regulations as are necessary and appropriate to implement Article 15 of
the Protocol with respect to vessels.
``(c) Time Period for Regulations.--The regulations to be issued
under subsection (a) (1) and (2) of this section shall be issued within
2 years after the date of the enactment of the Antarctic Environmental
Protection Act of 1996. The regulations to be issued under subsection
(a)(3) of this section shall be issued within 3 years after the date of
the enactment of the Antarctic Environmental Protection Act of 1996.''.
SEC. 107. SAVING PROVISIONS.
Section 14 of the Antarctic Conservation Act of 1978 is amended to
read as follows:
``SEC. 14. SAVING PROVISIONS.
``(a) Regulations.--All regulations promulgated under this Act
prior to the date of the enactment of the Antarctic Environmental
Protection Act of 1996 shall remain in effect until superseding
regulations are promulgated under section 6.
``(b) Permits.--All permits issued under this Act shall remain in
effect until they expire in accordance with the terms of those
permits.''.
TITLE II--AMENDMENTS TO ANTARCTIC PROTECTION ACT OF 1990
SEC. 201. FINDING AND PURPOSE.
Section 2 of the Antarctic Protection Act of 1990 (16 U.S.C. 2461)
is amended to read as follows:
``SEC. 2. FINDING AND PURPOSE.
``(a) Finding.--The Congress finds that the Protocol on
Environmental Protection to the Antarctic Treaty prohibits indefinitely
Antarctic mineral resource activities.
``(b) Purpose.--The purpose of this Act is to provide legislative
authority to implement, with respect to the United States, Article 7 of
the Protocol on Environmental Protection to the Antarctic Treaty.''.
SEC. 202. PROHIBITION OF ANTARCTIC MINERAL RESOURCE ACTIVITIES.
Section 4 of the Antarctic Protection Act of 1990 (16 U.S.C. 2463)
is amended by striking ``Pending a new agreement among the Antarctic
Treaty Consultative Parties in force for the United States, to which
the Senate has given advice and consent or which is authorized by
further legislation by the Congress, which provides an indefinite ban
on Antarctic mineral resource activities, it'' and inserting in lieu
thereof ``It''.
SEC. 203. ADDITIONAL AMENDMENTS.
(a) Repeals.--Sections 5 and 7 of the Antarctic Protection Act of
1990 (16 U.S.C. 2464 and 2466) are repealed.
(b) Redesignation.--Section 6 of the Antarctic Protection Act of
1990 (16 U.S.C. 2465) is redesignated as section 5.
TITLE III--AMENDMENTS TO THE ACT TO PREVENT POLLUTION FROM SHIPS
SEC. 301. AMENDMENTS.
(a) Definitions.--Section 2 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901) is amended--
(1) by redesignating paragraphs (1) through (10) of
subsection (a) as paragraphs (3) through (12), respectively;
(2) by inserting before paragraph (3), as so redesignated
by paragraph (1) of this subsection, the following new
paragraphs:
``(1) `Antarctica' means the area south of 60 degrees south
latitude;
``(2) `Antarctic Protocol' means the Protocol on
Environmental Protection to the Antarctic Treaty, signed
October 4, 1991, in Madrid, and all annexes thereto, and
includes any future amendments thereto which have entered into
force;''; and
(3) by adding at the end the following new subsection:
``(c) For the purposes of this Act, the requirements of Annex IV to
the Antarctic Protocol shall apply in Antarctica to all vessels over
which the United States has jurisdiction.''.
(b) Application of Act.--Section 3(b)(1)(B) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is amended by inserting
``or the Antarctic Protocol'' after ``MARPOL Protocol''.
(c) Administration.--Section 4 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1903) is amended--
(1) by inserting ``, Annex IV to the Antarctic Protocol,''
after ``the MARPOL Protocol'' in the first sentence of
subsection (a);
(2) in subsection (b)(1) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``the MARPOL Protocol'';
(3) in subsection (b)(2)(A) by striking ``within 1 year
after the effective date of this paragraph,''; and
(4) in subsection (b)(2)(A)(i) by inserting ``and of Annex
IV to the Antarctic Protocol'' after ``the Convention''.
(d) Pollution Reception Facilities.--Section 6 of the Act to
Prevent Pollution from Ships (33 U.S.C. 1905) is amended--
(1) in subsection (b) by inserting ``or the Antarctic
Protocol'' after ``the MARPOL Protocol'';
(2) in subsection (e)(1) by inserting ``or the Antarctic
Protocol'' after ``the Convention'';
(3) in subsection (e)(1)(A) by inserting ``or Article 9 of
Annex IV to the Antarctic Protocol'' after ``the Convention'';
and
(4) in subsection (f) by inserting ``or the Antarctic
Protocol'' after ``the MARPOL Protocol''.
(e) Violations.--Section 8 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1907) is amended--
(1) in the first sentence of subsection (a) by inserting
``Annex IV to the Antarctic Protocol,'' after ``MARPOL
Protocol,'';
(2) in the second sentence of subsection (a)--
(A) by inserting ``or to the Antarctic Protocol''
after ``to the MARPOL Protocol''; and
(B) by inserting ``and Annex IV to the Antarctic
Protocol'' after ``of the MARPOL Protocol'';
(3) in subsection (b) by inserting ``or the Antarctic
Protocol'' after ``MARPOL Protocol'' both places it appears;
(4) in subsection (c)(1) by inserting ``, of Article 3 or
Article 4 of Annex IV to the Antarctic Protocol,'' after ``to
the Convention'';
(5) in subsection (c)(2) by inserting ``or the Antarctic
Protocol'' after ``which the MARPOL Protocol'';
(6) in subsection (c)(2)(A) by inserting ``, Annex IV to
the Antarctic Protocol,'' after ``MARPOL Protocol'';
(7) in subsection (c)(2)(B)--
(A) by inserting ``or the Antarctic Protocol''
after ``to the MARPOL Protocol''; and
(B) by inserting ``or Annex IV to the Antarctic
Protocol'' after ``of the MARPOL Protocol'';
(8) in subsection (d)(1) by inserting ``, Article 5 of
Annex IV to the Antarctic Protocol,'' after ``Convention'';
(9) in subsection (e)(1)--
(A) by inserting ``or the Antarctic Protocol''
after ``MARPOL Protocol''; and
(B) by striking ``that Protocol'' and inserting in
lieu thereof ``those Protocols''; and
(10) in subsection (e)(2) by inserting ``, of Annex IV to
the Antarctic Protocol,'' after ``MARPOL Protocol''.
(f) Penalties.--Section 9 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1908) is amended--
(1) in subsection (a) by inserting ``Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(2) in subsection (b)(1) by inserting ``Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(3) in subsection (b)(2) by inserting ``Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(4) in subsection (d) by inserting ``Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(5) in subsection (e) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol''; and
(6) in subsection (f) by inserting ``or the Antarctic
Protocol'' after ``MARPOL Protocol'' both places it appears.