[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]


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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

[[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