Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Proposed Rules 29963

Regulations

In consideration of the foregoing, the

Coast Guard proposes to amend part 117

of Title 33, Code of Federal Regulations,

as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); Section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.997(h) is revised to

read as follows:

§ 117.997 Atlantic Intracoastal Waterway,

South Branch of the Elizabeth River to the

Albemarle and Chesapeake Canal.

* * * * *

(h) The draw of the Centerville

Turnpike (SR 170) bridge across the

Albemarle and Chesapeake Canal, mile

15.2, at Chesapeake, shall open on

signal every hour on the half hour

except that, from April 1 to November

30, Monday through Friday, including

Federal holidays, from 7 a.m. to 9 a.m.

and 4 p.m. to 6 p.m., the draw need not

open for the passage of vessels.

Dated: May 18, 1998.

J. Carmichael,

Acting Captain, U.S. Coast Guard

Commander, Fifth Coast Guard District.

[FR Doc. 98–14452 Filed 6–1–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6105–3]

National Emission Standards for

Hazardous Air Pollutants for Source

Categories: National Emission

Standards for Primary Copper

Smelters: Proposed Rule—Extension

of Public Comment Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; extension of

public comment period.

SUMMARY: The EPA is extending the

public comment period on the Notice of

Proposed Rulemaking (NPRM) for

hazardous air pollutants emissions from

primary copper smelters, which was

published in the Federal Register on

April 20, 1998 (63 FR 19582). The

purpose of this document is to extend

the end of the comment period from

June 19, 1998 to July 20, 1998, in order

to provide commenters adequate time to

review the NPRM and extensive

supporting materials.

DATES: The EPA will accept comments

on the NPRM until July 20, 1998.

ADDRESSES: Comments should be

submitted (in duplicate) to: Air and

Radiation Docket and Information

Center (6102), Attention: Docket No. A–

96–22, U.S. Environmental Protection

Agency, 401 M Street, SW, Washington,

DC 20460. The EPA requests that a

separate copy also be sent to the contact

person listed below (Mr. Eugene

Crumpler). The docket may be inspected

at the above address between 8:00 a.m.

and 5:30 p.m. on weekdays. A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: For

information concerning the NPRM,

contact Mr. Eugene Crumpler, Metals

Group, Emission Standards Division

(MD–13), U.S. Environmental Protection

Agency, Research Triangle Park, NC

27711, telephone number (919) 541–

0881; electronic mail address

crumpler.gene@epa.gov.

Dated: May 28, 1998.

Richard D. Wilson,

Acting Assistant Administrator.

[FR Doc. 98–14584 Filed 6–1–98; 8:45 am]

BILLING CODE 6560–50–P

NATIONAL SCIENCE FOUNDATION

45 CFR Part 670

RIN 3145–AA34

Conservation of Antarctic Animals and

Plants

AGENCY: National Science Foundation

(NSF).

ACTION: Proposed rule.

SUMMARY: NSF proposes to revise its

existing regulations for the conservation

and protection of Antarctic animals and

plants. These revisions implement

amendments to the Antarctic

Conservation Act of 1978 contained in

the Antarctic Science Tourism and

Conservation Act of 1996.

DATES: Comments must be received by

August 3, 1998.

ADDRESSES: Comments should be sent to

Anita Eisenstadt, Assistant General

Counsel, National Science Foundation,

4201 Wilson Boulevard, Room 1265,

Arlington, Virginia 22230.

FOR FURTHER INFORMATION CONTACT:

Anita Eisenstadt, Office of the General

Counsel, at 703–306–1060.

SUPPLEMENTARY INFORMATION:

Background

The Antarctic Treaty of 1959

establishes a framework for promoting

international cooperation in scientific

research in Antarctica and ensuring that

Antarctica will be used only for

peaceful purposes. The Antarctic

environment has been an important

concern to the Treaty Parties and over

the years the Parties have adopted a

series of measures to protect Antarctic

living resources.

At the Third Consultative Meeting in

1964, the Antarctic Treaty Parties

adopted the Agreed Measures for the

Conservation of Antarctic Fauna and

Flora. The measures recommended

establishment of a permit system for

various activities in Antarctica and

designation of certain Antarctic

mammals and geographic areas as

requiring special protection. These

measures were implemented in the

United States through the Antarctic

Conservation Act of 1978 (ACA) (16

U.S.C. 2401 et seq.). Under the Antarctic

Conservation Act and through its

implementing regulations, NSF

established a regulatory framework to

conserve and protect the native

mammals, birds, and plants of

Antarctica. A permit system allows

certain activities, otherwise prohibited,

when performed within prescribed

restrictions for scientific and other valid

purposes. Activities requiring a permit

include entry into specially protected

areas, taking of fauna and flora, import

into and export from the United States

of fauna and flora, and introduction of

non-indigenous species.

Recognizing the value of establishing

a comprehensive regime for protecting

the Antarctic environment and its

associated ecosystems, the Antarctic

Treaty Parties adopted in 1991 the

Protocol on Environmental Protection to

the Antarctic Treaty and five annexes

(Protocol). The Protocol consolidates,

updates, and strengthens the

environmental provisions previously

adopted by the parties. Annex II of the

Protocol contains provisions of

conservation of Antarctic plants and

animals. Annex V contains provisions

for the protection of specially

designated areas. Annex II and Annex V

incorporate and expand the Agreed

Measures of 1964.

On October 2, 1996, the President

implemented the Protocol by signing

into law the Antarctic Science, Tourism,

and Conservation Act of 1996 (ASTCA)

(Pub. L. 104–227). Section 6 of the ACA,

(16 U.S.C. 2405), as amended by the

ASTCA, directs the Director of the

National Science Foundation to issue

such regulations as are necessary and
29964 Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Proposed Rules

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. § 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.
Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Proposed Rules 29965

Subpart A—Introduction

§ 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.

§ 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.

§ 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

§ 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

§§ 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
29966 Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Proposed Rules

which does not occur there seasonally

through natural migrations, as specified

in subpart H of this part, except as

provided in §§ 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.

§ 670.5 Exception in extraordinary

circumstances.

(a) Emergency exception. No act

described in § 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.

§ 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 § 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.

§ 670.7 Food exception.

Paragraph (e) of § 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.

§ 670.8 Foreign permit exception.

Paragraphs (d) and (e) of § 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.

§ 670.9 Antarctic Conservation Act

enforcement exception.

Paragraphs (a) through (d) of § 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.

§ 670.10 [Reserved]

Subpart C—Permits

§ 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

§ 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—§ 670.17

Specially Protected Species—§ 670.23

Specially Protected Areas—§ 670.27

Import and Export—§ 670.31

Introduction of Non-Indigenous Plants and

Animals—§ 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.

§ 670.12 General issuance criteria.

Upon receipt of a complete and

properly-executed application for a
Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Proposed Rules 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.

§ 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.

§ 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.

§ 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.

§ 670.16 [Reserved]

Subpart D—Native Mammals, Birds,

Plants and Invertebrates

§ 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.

§ 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
29968 Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Proposed Rules

1These species of mammals have been designated

as specially protected species and are subject to

subpart E of this part.

1These species of mammals have been designated

as specially protected species and are subject to

subpart E of this part.

interference, transporting, carrying, or

shipping of a native mammal or bird

shall be humane.

§ 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

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

§ 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.

§ 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

§ 670.22 [Reserved]

Subpart E—Specially Protected

Species of Mammals, Birds and Plants

§ 670.23 Specific issuance criteria.

Permits authorizing the taking of

mammals, birds, or plants designated as

a Specially Protected Species of

mammals, birds, and plants in § 670.25

may only be issued if:

(a) There is a compelling scientific

purpose for such taking;

(b) The actions allowed under any

such permit will not jeopardize the

existing natural ecological system, or

the survival of the affected species or

population;

(c) The taking involves non-lethal

techniques, where appropriate; and

(d) The authorized taking,

transporting, carrying or shipping will

be carried out in a humane manner.

§ 670.24 Content of permit applications.

In addition to the information

required in subpart C of this part, an

applicant seeking a permit to take a

Specially Protected Species shall

include the following in the application:

(a) A detailed scientific justification of

the need for taking the Specially

Protected Species, including a

discussion of possible alternative

species;

(b) Information demonstrating that the

proposed action will not jeopardize the

existing natural ecological system or the

survival of the affected species or

population; and

(c) Information establishing that the

taking, transporting, carrying, or

shipping of any native bird or native

mammal will be carried out in a

humane manner.

§ 670.25 Designation of specially

protected species of native mammals, birds

and plants.

The following two species have been

designated as Specially Protected

Species by the Antarctic Treaty Parties

and are hereby designated Specially

Protected Species.

Common Name and Scientific Name

Kerguelen Fur Seal—Arctocephalus

tropicales gazella.

Ross Seal—Ommatophoca rossi.

§ 670.26 [Reserved]

Subpart F—Antarctic Specially

Protected Areas

§ 670.27 Specific issuance criteria.

Permits authorizing entry into any

Antarctic Specially Protected Area

designated in § 670.29 may only be

issued if:

(a) The entry and activities to be

engaged in are consistent with an

approved management plan, or

(b) A management plan relating to the

area has not been approved by the

Antarctic Treaty Parties, but

(1) There is a compelling scientific

purpose for such entry which cannot be

served elsewhere, and

(2) The actions allowed under the

permit will not jeopardize the natural

ecological system existing in such area.

§ 670.28 Content of permit 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;
Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Proposed Rules 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.

§ 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, MuhligHofmann 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

§ 670.30 [Reserved]

Subpart G—Import Into and Export

From the United States

§ 670.31 Specific issuance criteria for

imports.

Subject to compliance with other

applicable law, any person who takes a

native mammal, bird, or plant under a

permit issued under the regulations in

this part may import it into the United

States unless the Director finds that the

importation would not further the

purpose for which it was taken. If the

importation is for a purpose other than

that for which the native mammal, bird,

or plant was taken, the Director may

permit importation upon a finding that

importation would be consistent with

the purposes of the Act, the regulations

in this part, or the permit under which

they were taken.

§ 670.32 Specific issuance criteria for

exports.

The Director may permit export from

the United States of any native mammal,

bird, or native plants taken within

Antarctica upon a finding that

exportation would be consistent with

the purposes of the Act, the regulations

in this part, or the permit under which

they were taken.

§ 670.33 Content of permit applications.

In addition to the information

required in subpart C of this part, an

applicant seeking a permit to import

into or export from the United States a

native mammal, a native bird, or native

plants taken within Antarctica shall

include the following in the application:

(a) Information demonstrating that the

import or export would further the

purposes for which the species was

taken;

(b) Information demonstrating that the

import or export is consistent with the

purposes of the Act or the regulations in

this part;

(c) A statement as to which U.S. port

will be used for the import or export,

and

(d) Information describing the

intended ultimate disposition of the

imported or exported item.

§ 670.34 Entry and exit ports.

(a) Any native mammal, native bird,

or native plants taken within Antarctica

that are imported into or exported from

the United States must enter or leave the

United States at ports designated by the

Secretary of Interior in 50 CFR part 14.

The ports currently designated are:

(1) Los Angeles, California.

(2) San Francisco, California.

(3) Miami, Florida.

(4) Honolulu, Hawaii.

(5) Chicago, Illinois.

(6) New Orleans, Louisiana.

(7) New York, New York.

(8) Seattle, Washington.

(9) Dallas/Forth Worth, Texas.

(10) Portland, Oregon.

(11) Baltimore, Maryland.

(12) Boston, Massachusetts.

(13) Atlanta, Georgia.

(b) Permits to import or export at nondesignated ports may be sought from the

Secretary of Interior pursuant to subpart

C, 50 CFR part 14.

§ 670.35 [Reserved]

Subpart H—Introduction of NonIndigenous Plants and Animals

§ 670.36 Specific issuance criteria.

For purposes consistent with the Act,

only the following plants and animals

may be considered for a permit allowing

their introduction into Antarctica:
29970 Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Proposed Rules

(a) Domestic plants; and

(b) Laboratory animals and plants

including viruses, bacteria, yeasts, and

fungi.

Living non-indigenous species of

birds shall not be introduced into

Antarctica.

§ 670.37 content of permit applications.

Applications for the introduction of

plants and animals into Antarctica must

describe:

(a) The species, numbers, and if

appropriate, the age and sex, of the

animals or plants to be introduced into

Antarctica;

(b) The need for the plants or animals,

(c) What precautions the applicant

will take to prevent escape or contact

with native fauna and flora, and

(d) How the plants or animals will be

removed from Antarctica or destroyed

after they have served their purposes.

§ 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.

§ 670.39 [Reserved]

[FR Doc. 98–14474 Filed 6–1–98; 8:45 am]

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