I
103D CONGRESS
1ST SESSION
H. R. 1066
To implement the Protocol on Environmental Protection to the Antarctic
Treaty, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1993
Mr. STUDDS introduced the following bill; which was referred jointly to the
Committees on Merchant Marine and Fisheries, Science, Space, and
Technology, and Foreign Affairs
A BILL
To implement the Protocol on Environmental Protection to
the Antarctic Treaty, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Antarctic Environ-
mental Protocol Act of 1993’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) The Protocol on Environmental Protection
to the Antarctic Treaty establishes international
mechanisms and creates legal obligations necessary
for the establishment of Antarctica as a natural re-
serve, devoted to peace and science.
(2) The Protocol serves important United
States environmental and resource management in-
terests, while at the same time preserving the free-
dom of scientific investigation in Antarctica.
(3) The Protocol represents an important con-
tribution to United States long-term legal and politi-
cal objectives of maintenance of Antarctica as an
area of peaceful international cooperation.
(4) The United States needs to establish new
legal arrangements to fulfill its obligations under the
Protocol, and to provide comprehensive environ-
mental protection for Antarctica that will maintain
Antarctica as a platform for the conduct of research
essential to understanding the global environment.
(b) PURPOSE.—The purpose of this Act is to provide
the legislative authority necessary to implement, with re-
spect to the United States, the Protocol on Environmental
Protection to the Antarctic Treaty.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) ‘‘Administrator’’ means the Administrator
of the Environmental Protection Agency.
(2) ‘‘Antarctica’’—
(A) means the area south of 60 degrees
south latitude, except that with respect to min-
eral resource activity and living marine re-
sources, the term means the area south of the
Antarctic Convergence as defined in section
303(1) of the Antarctic Marine Living Re-
sources Convention Act of 1984 (16 U.S.C.
2432(1)); and
(B) includes all ice shelves in that area.
(3) ‘‘Antarctic mineral resource activity’’—
(A) means prospecting, exploration, or de-
velopment in Antarctica; and
(B) does not include scientific research
within the meaning of article III of the Ant-
arctic Treaty.
(4) ‘‘Antarctic Treaty’’ means the Antarctic
Treaty signed in Washington, D.C., on December 1,
1959.
(5) ‘‘Development’’—
(A) means any activity, including logistic
support, which takes place following explo-
ration, the purpose of which is exploitation of
specific Antarctic mineral resource deposits;
and
(B) includes processing, storage, and
transport activities.
(6) ‘‘Director’’ means the Director of the Na-
tional Science Foundation.
(7) ‘‘Exploration’’—
(A) means any activity, including logistic
support, the purpose of which is the identifica-
tion or evaluation of specific Antarctic mineral
resource deposits; and
(B) includes exploratory drilling, dredging,
and other surface or subsurface excavations un-
dertaken to determine the nature and size of
mineral resource deposits and the feasibility of
their development.
(8) ‘‘Harm’’ means to engage or attempt to en-
gage in any of the following:
(A) Flying or landing helicopters or other
aircraft in a manner that disturbs concentra-
tions of native mammals or native birds.
(B) Using vehicles or vessels, including
hovercraft and small boats, in a manner that
disturbs concentrations of native mammals or
native birds.
(C) Using explosives or firearms in a man-
ner that disturbs concentrations of native mam-
mals or native birds.
(D) 
Willfully 
disturbing 
breeding 
or
molting native birds or concentrations of native
mammals and native birds by persons on foot.
(E) Significantly damaging concentrations
of native plants, by—
(i) landing aircraft, driving vehicles,
or walking on native plants, or
(ii) similar means.
(F) Any activity in Antarctica that results
in the significant adverse modification of the
habitat of any species or population of native
mammal, native bird, native plant, or native in-
vertebrate.
(G) Similar practices designated by the
Secretary as such by regulation under section 9.
(9) ‘‘Mineral resource’’—
(A) 
means 
any 
nonliving 
natural
nonrenewable resource (or part or product
thereof) found in or recovered from Antarctica;
(B) includes fossil fuels and minerals,
whether metallic or nonmetallic; and
(C) does not include ice, water, or snow.
(10) ‘‘Native bird’’ means any member, at any
stage of its life cycle (including eggs), of any species
of the class Aves which is indigenous to Antarctica
or that occurs there seasonally through natural mi-
gration, including any part of any such member.
(11) ‘‘Native invertebrate’’ means any terres-
trial, freshwater, or marine invertebrate, at any
stage of its life cycle, that is indigenous to Antarc-
tica.
(12) ‘‘Native mammal’’ means any member, at
any stage of its life cycle, of any species of the class
Mammalia, that is indigenous to Antarctica or that
occurs there seasonally through natural migration,
including any part of any such member.
(13) ‘‘Native plant’’ means any terrestrial,
freshwater, 
or 
marine 
vegetation 
(including
bryophytes, lichens, fungi, and algae) at any stage of
its life cycle (including seeds and other propagules)
that is indigenous to Antarctica.
(14) ‘‘Person’’ means—
(A) any individual, corporation, partner-
ship, trust, association, or other entity existing
or organized under the laws of the United
States;
(B) any officer, employee, agent, depart-
ment, or other instrumentality of the Federal
Government or of any State or political subdivi-
sion thereof; and
(C) any foreign individual, corporation,
legal entity, or department of any foreign na-
tion, that is subject to the jurisdiction of the
United States.
(15) ‘‘Prohibited product’’ means—
(A) any polychlorinated biphenyl;
(B) nonsterile soil;
(C) any polystyrene bead, chip, or similar
form of packaging;
(D) any pesticide (other than a pesticide
required for scientific, medical, or hygiene pur-
poses); and
(E) any product designated as such by the
Secretary by regulation under section 9.
(16) ‘‘Prospecting’’ means any activity, includ-
ing logistic support, the purpose of which is the
identification of mineral resource potential for pos-
sible exploration and development.
(17) ‘‘Protocol’’ means the Protocol on Envi-
ronmental Protection to the Antarctic Treaty, done
at Madrid on October 4, 1991, and all annexes
thereto.
(18) ‘‘Secretary’’ means the Secretary of Com-
merce, acting through the Under Secretary of Com-
merce for Oceans and Atmosphere.
(19) ‘‘Specially managed area’’ means any area
within Antarctica, including any marine area, that is
designated in accordance with the Antarctic Treaty
as an area within which activities are planned and
coordinated so as to avoid use conflicts, improve co-
operation, or minimize environmental impacts.
(20) ‘‘Specially protected area’’ means any area
within Antarctica, including any marine area, that is
designated in accordance with the Antarctic Treaty
as an area for the protection of its outstanding envi-
ronmental, scientific, historic, aesthetic, or wilder-
ness values, any combination of these values, or on-
going or planned scientific research.
(21) ‘‘Specially protected species’’ means—
(A) all species of the genus Arctocephalus
(fur seal) and all species of the genus
Ommatophoca rossii (ross seal); and
(B) all other species of native mammal, na-
tive bird, or native plant designated as a spe-
cially protected species by the Secretary pursu-
ant to regulation under section 9.
(22) ‘‘Take’’ and ‘‘taking’’ means—
(A) to harass, harm, molest, pursue, hunt,
shoot, wound, kill, trap, capture, or collect a
native mammal or native bird;
(B) to remove or damage such quantities
of native plants that their local distribution or
abundance would be significantly affected; or
(C) to attempt to engage in any such con-
duct.
(23) ‘‘Vessel of the United States’’ has the
meaning provided in section 2101(46) of title 46,
United States Code.
(24) ‘‘Vessel subject to the jurisdiction of the
United States’’ means a foreign vessel—
(A) that is used to provide logistic support
to United States facilities in Antarctica, or
(B) that transports passengers to, from, or
in Antarctica, if—
(i) there is an agreement between the
United States and the flag state of the for-
eign vessel;
national law, and have the highest reputation for
fairness, competence, and integrity.
(c) INSPECTORS.—The Secretary of State shall des-
ignate persons to serve as inspectors under Article 14 of
the Protocol.
(d) COMPENSATION.—The United States representa-
tive to the Committee for Environmental Protection shall
receive no additional compensation by reason of that per-
son’s service as such representative.
SEC. 5. UNLAWFUL ACTIVITIES.
(a) IN GENERAL.—It is unlawful for any person—
(1) to conduct an activity within Antarctica, in-
cluding scientific research, expeditions, and logistical
support to United States facilities and bases, in a
manner inconsistent with the Protocol;
(2) to engage in, finance, or otherwise know-
ingly provide assistance (including logistic support)
to any Antarctic mineral resource activity;
(3) to introduce into Antarctica any prohibited
product;
(4) within Antarctica, to conduct open burning,
or to operate a landfill at a United States coastal fa-
cility;
(5) to bring any dog into Antarctica;
(6) to use leaded fuel within Antarctica at a
United States facility or in any aircraft or vessel of
the United States or any aircraft or vessel subject
to the jurisdiction of the United States;
(7) to transport passengers to, from, or within
Antarctica by any vessel of the United States or any
vessel subject to the jurisdiction of the United
States, unless the person has an agreement with the
vessel owner or operator under which the owner or
operator is required to comply with the Act to Pre-
vent Pollution from Ships (33 U.S.C. 1901 et seq.),
as amended by this Act;
(8) except as authorized by a permit issued
under section 6—
(A) to take within Antarctica any native
mammal or native bird, or any native plant in
such quantities that their local distribution or
abundance would be significantly affected;
(B) to take within Antarctica any specially
protected species;
(C) to introduce into Antarctica any ani-
mal or any plant that is not indigenous to Ant-
arctica;
(D) to enter any specially protected area;
(E) to discharge untreated sewage into the
waters or onto the ice shelves of Antarctica; or
(F) to operate an incinerator;
(9) to violate any provision of this Act, any reg-
ulation promulgated under this Act, or the terms of
any permit issued under this Act;
(10) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control or
possession of, any native bird, native mammal, na-
tive plant, native invertebrate, or mineral resource
which the person knows, or reasonably should have
known, was taken in violation of this Act;
(11) to refuse to permit any authorized officer
or employee of the United States to board a vessel
of the United States or a vessel subject to the juris-
diction of the United States for the purpose of con-
ducting any search or inspection in connection with
the enforcement of this Act;
(12) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any authorized officer
or employee of the United States in the conduct of
any search or inspection described in paragraph
(11);
(13) to resist a lawful arrest or detention for
any act prohibited by this section;
(14) to interfere with, delay, or prevent, by any
means, the apprehension, arrest, or detention of an-
other person, knowing that such other person has
committed any act prohibited by this section; or
(15) to attempt to commit any act prohibited
by this section.
(b) EXCEPTION FOR EMERGENCIES.—An activity de-
scribed in subsection (a)(8) shall not be unlawful if it is
committed under extreme emergency circumstances speci-
fied by the Secretary under section (9)(b)(9), to prevent
the loss of human life or involving the safety of a ship
or aircraft.
SEC. 6. PERMITS.
(a) ACTIVITIES REQUIRING PERMITS.—The following
activities shall not be conducted by any person in Antarc-
tica, except in accordance with a permit issued by the Sec-
retary in accordance with this section:
(1) The conduct or support by any person of an
expedition by vessel of more than 10 passengers to,
from, or within Antarctica.
(2) The operation of United States facilities
within Antarctica, including the construction or de-
commissioning of any United States base, building,
or airfield.
(3) Any activity specified under section 5(a)(8)
as requiring a permit.
(b) CRITERIA FOR PERMITS.—The Secretary may
issue a permit which authorizes the conduct within Ant-
arctica of an activity specified in subsection (a), only if
the activity is consistent with this Act and the Protocol,
including the principles in Article 3 of the Protocol.
(c) GENERAL PERMITS.—The Secretary may, by reg-
ulation issued under section 9, issue general permits for
any category of activity referred to in subsection (a) in
Antarctica if the Secretary determines that the activities
in the category are similar in nature and will cause no
more than a minor or transitory impact on the environ-
ment of Antarctica when performed cumulatively. Any
general permit issued under this subsection shall meet the
criteria for the issuance of permits under subsection (b)
and any applicable terms and conditions under subsection
(g).
(d) APPLICATIONS.—
(1) Applications for permits under this section
shall be made in such manner and form, and shall
contain such information, as the Secretary shall pre-
scribe by regulation.
(2) The Secretary shall publish notice in the
Federal Register of each application which is made
for a permit under this section. The notice shall in-
vite 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 Secretary as
a part of any application shall be available to the
public as a matter of public record.
(e) ACTION ON CERTAIN PERMIT APPLICATIONS.—
(1)(A) The Secretary shall refer to the appro-
priate official any application received by the Sec-
retary for a permit under this section requesting au-
thority to undertake an action with respect to—
(i) any native mammal which is a marine
mammal within the meaning of section 3 of the
Marine Mammal Protection Act of 1972 (16
U.S.C. 1362);
(ii) any native animal, native bird, native
plant, or native invertebrate which is an endan-
gered species or threatened species under the
Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(iii) any native bird which is protected
under the Migratory Bird Treaty Act (16
U.S.C. 701 et seq.); or
(iv) the discharge of any untreated sewage
into the waters or onto the ice shelves of Ant-
arctica other than by a vessel.
(B) For purposes of this subsection, the term
‘‘appropriate official’’ means—
(i) the Administrator, in the case of an ap-
plication for a permit to undertake an action
with respect to the discharge of untreated sew-
age, and
(ii) in any other case the Secretary of the
Interior or the head of the appropriate office in
the Department of Commerce, as determined by
the Secretary of Commerce based on statutory
responsibilities with respect to the action to be
undertaken under a permit.
(2) After receiving a copy of any application
from the Secretary under paragraph (1), the appro-
priate official shall promptly determine and notify
the Secretary whether or not any action proposed in
the application would be prohibited by any law ad-
ministered by the appropriate official or otherwise
requires a permit or other authorization under any
law administered by the appropriate official.
(3) If the appropriate official notifies the Sec-
retary that any action proposed in the application
would be prohibited by any law administered by the
appropriate official, the Secretary may not issue a
permit under this section with respect to the pro-
posed action.
(4) If the appropriate official notifies the Sec-
retary that any action proposed in the application
requires a permit or other authorization under any
law administered by the appropriate official, the Sec-
retary may not issue a permit under this section
with respect to the proposed action unless the other
required permit or authorization is issued by the ap-
propriate official and a copy thereof is submitted to
the Secretary.
(5) The issuance of any permit or other author-
ization by the appropriate official for the carrying
out of any action with respect to an activity listed
in paragraph (1) shall not be considered to entitle
the applicant concerned to the issuance by the Sec-
retary of a permit under this section.
(f) ISSUANCE OF PERMITS.—As soon as practicable
after receiving any application for a permit under this sec-
tion, or, in the case of any application to which subsection
(e) applies, as soon as practicable after the applicable re-
quirements of that subsection are compiled with, the Sec-
retary shall issue, or deny the issuance of, the permit.
Within 10 days after the date of the issuance or denial,
the Secretary shall publish notice of the issuance or denial
in the Federal Register, including a description of any per-
mit terms and conditions.
(g) TERMS AND CONDITIONS OF PERMITS.—
(1) A permit may not be issued under this sec-
tion for an activity unless—
(A) the application for the permit contains
sufficient information to allow the Secretary to
make a prior assessment of, and informed judg-
ment about, the possible impacts of the pro-
posed activity on Antarctica, including cumu-
lative impacts, and on the value of Antarctica
for the conduct of scientific research; and
(B) if required by section 7, an environ-
mental impact statement has been prepared and
circulated by the Secretary of State to the par-
ties to the Antarctic Treaty and to the Commit-
tee for Environmental Protection in accordance
with the Protocol.
(2) Each permit issued under this section shall
specify—
(A) if applicable—
(i) the number and species of native
mammals, native birds, native plants, or
native invertebrates to which the permit
applies;
(ii) the amount of sewage which may
be discharged in Antarctica under the per-
mit and the conditions for that discharge;
(iii) if any native mammal or native
bird is authorized to be taken, transported,
carried, or shipped under the permit, the
manner (which manner must be deter-
mined by the Secretary to be humane) in
which such action shall be accomplished,
and the area in which any such taking
shall occur;
(iv) if any plants are authorized to be
taken under the permit, the location and
manner in which they shall be taken; and
(v) if any United States facility, build-
ing, or airfield is to be constructed or de-
commissioned within Antarctica under the
permit, the conditions for minimizing the
impact of the construction or decommis-
sioning on the environment of Antarctica;
(B) the period during which the permit is
valid; and
(C) other terms and conditions as the Sec-
retary or appropriate official considers nec-
essary and appropriate to ensure that any ac-
tion authorized under the permit is carried out
in a manner consistent with the Protocol, this
Act, and the regulations issued under this Act.
(3) A permit which authorizes any taking (other
than of a specially protected species)—
(A) may be issued only for the purpose of
providing—
(i) specimens for scientific study or
scientific information;
(ii) specimens for museums, zoological
or botanical gardens, or other educational
or cultural institutions; or
(iii) for the unavoidable consequences
of scientific research activities; and
(B) shall ensure that—
(i) no more native mammals, native
birds, and native plants are taken than are
strictly necessary to carry out the activities
authorized under subparagraph (A);
(ii) only small numbers (as deter-
mined by the Secretary) of native mam-
mals, native birds, and native plants are
taken, and in no case more native mam-
mals or native birds than can, in combina-
tion with other permitted takings, normally
be replaced by natural reproduction in the
following season;
(iii) the variety of species and the bal-
ance of the natural ecological systems
within Antarctica are maintained; and
(iv) the taking is determined, after
peer review, to further a bona fide sci-
entific purpose.
(4) A permit which authorizes the taking of a
specially protected species may be issued only if—
(A) there is a compelling scientific purpose
for the taking as determined by peer review of
the proposed permit;
(B) the actions authorized under the per-
mit will not jeopardize any existing natural eco-
logical system or the survival or recovery of
that species; and
(C) nonlethal techniques are used, if ap-
propriate.
(5) A permit which authorizes the introduction
of any nonindigenous animal or plant into Antarc-
tica—
(A) may only be issued for animals and
plants to be used in a laboratory; and
(B) shall require that, prior to the expira-
tion of the permit, the animal or plant shall be
removed from Antarctica, unless the Secretary
determines that it poses no risk to native mam-
mals, native birds, or native plants.
(6) A permit which authorizes the entry into
any specially protected area may be issued only if—
(A) there is a compelling scientific purpose
for the entry as determined by peer review;
(B) the actions allowed under any permit
will not jeopardize the natural ecological system
existing in the area; and
(C) the actions allowed under the permit
are in accordance with any management plan
applicable to that area.
(7) A permit which authorizes the operation of
United States facilities within Antarctica, including
the construction or decommissioning of any United
States base, building, or airfield within Antarctica,
may be issued for a 5-year period, beginning with
the austral season following the enactment of this
Act, if the Secretary determines that such operation
will take place in a manner consistent with the Pro-
tocol and the provisions of this Act. The Secretary
shall conduct annual inspections of the operation of
United States facilities in Antarctica under the per-
mit. The Secretary may renew the permit for addi-
tional 5-year periods, if the Secretary makes the de-
termination required by the first sentence of this
paragraph.
(8) A permit which authorizes the construction
or operation of any incinerator within Antarctica—
(A) shall contain terms and conditions rec-
ommended by the Administrator to ensure that
emissions from the incinerator are reduced to
the maximum extent practicable;
(B) shall restrict the material which may
be incinerated under the permit to food and
food-contaminated waste; and
(C) shall not allow an incinerator to be op-
erated in Antarctica after December 31, 1994,
unless the Secretary, in consultation with the
Director and Administrator, finds and reports
to the Congress 6 months prior to this date
that there is no feasible and practicable alter-
native for the disposal of food and food-con-
taminated waste.
(9) A permit which authorizes the disposal of
sewage within Antarctica, other than from a vessel,
shall contain terms and conditions recommended by
the Administrator to minimize the impact of the dis-
posal on the Antarctic environment.
(10) A permit which authorizes a person to con-
duct one or more expeditions of 10 or more pas-
sengers by vessel to, from, or within Antarctica—
(A) may be effective for a period of not
more than 3 years; and
(B) may be issued only if—
(i) the Secretary determines that the
expeditions under the permit will be con-
ducted consistent with the Protocol and
the provisions of this Act, and
(ii) the permit authorizes the Sec-
retary to place observers on vessels to
monitor compliance with the permit.
(h) JUDICIAL REVIEW.—
(1) Any applicant for a permit may obtain judi-
cial review pursuant to chapter 7 of title 5, United
States Code, of—
(A) the terms and conditions of any permit
issued by the Secretary under this section; or
(B) refusal of the Secretary to issue a per-
mit.
(2) Review under this subsection may be initi-
ated by filing a petition for review in the United
States district court for the district wherein the ap-
plicant for a permit resides or that is the principal
place of business of the applicant, or in the United
States District Court for the District of Columbia,
within 60 days after the date on which the permit
is issued or denied.
(i) MODIFICATION, SUSPENSION, 
AND
REVOCA-
TION.—
(1) The Secretary may modify, suspend, or re-
voke, in whole or in part, any permit issued under
this section—
(A) if there is any change in conditions
which makes the permit inconsistent with this
Act or the provisions of the Protocol, including
Article 3;
(B) in order to make the permit consistent
with any change made after the date of issu-
ance of the permit to any regulation prescribed
under section 9; or
(C) in any case in which there has been
any violation of any term or condition of the
permit, or of any regulation prescribed under
this Act or any provision of this Act relating to
that permit.
(2) If the Secretary proposes any modification,
suspension, or revocation of a permit under this sub-
section, the permittee shall be afforded opportunity,
after due notice, for a hearing by the Secretary with
respect to the proposed modification, suspension, or
revocation. If a hearing is requested, the action pro-
posed by the Secretary shall not take effect before
a decision is issued after the hearing, unless the pro-
posed action is taken by the Secretary to protect the
Antarctic environment, and its dependent and asso-
ciated ecosystems, or to prevent the loss of human
life.
(3) The Secretary shall publish notice of the
modification, suspension, or revocation of any permit
in the Federal Register within 10 days after the
date of the Secretary’s decision, including the rea-
sons for the action.
(j) PERMIT FEES.—The Secretary shall establish and
charge fees for processing applications for permits under
this section. The amount of the fees shall be commensu-
rate with the administrative costs incurred by the Sec-
retary in processing the application, but shall not include
the costs to the Secretary of preparing an environmental
impact statement that is required under section 7.
SEC. 7. ENVIRONMENTAL ASSESSMENT OF ACTIVITIES
WITHIN ANTARCTICA.
(a) FEDERAL ACTIVITIES.—
(1) Each Federal agency which plans to con-
duct an activity in Antarctica, including the conduct
of scientific research and the provision of logistical
support to United States facilities, shall review the
activity to determine whether it will have a minor or
transitory impact on the environment of Antarctica.
If a Federal agency determines, through the prepa-
ration of an environmental assessment or otherwise,
that the proposed activity will have no more than a
minor or transitory impact on the environment of
Antarctica, the activity may proceed if the agency
monitors the activity to assess and verify the minor
or transitory impact of the activity.
(2) If a Federal agency determines, through the
preparation of an environmental assessment or oth-
erwise, that a proposed activity will have more than
a minor or transitory impact on the environment of
Antarctica, the agency shall prepare an environ-
mental impact statement on the proposed activity
pursuant to section 102(2)(C) of the National Envi-
ronmental 
Policy 
Act 
of 
1969 
(42 
U.S.C.
4332(2)(C)).
(3) The Council on Environmental Quality shall
issue regulations necessary to implement subsection
(a).
(b) NONGOVERNMENTAL
ACTIVITIES.—The Sec-
retary, in consultation with the Chairman of the Council
on Environmental Quality, shall issue regulations estab-
lishing procedures for the environmental assessment of
nongovernmental activities conducted by any person with-
in Antarctica, consistent with the National Environmental
Policy Act of 1969 and the Protocol.
(c) REVIEW BY PARTIES TO THE ANTARCTIC TREA-
TY.—No decision shall be taken to proceed with or permit
an activity for which an environmental impact statement
is prepared under this section until—
(1) the draft statement has been made publicly
available for at least 90 days and circulated by the
Secretary of State to all parties to the Antarctic
Treaty and the Committee for Environmental Pro-
tection at least 120 days before the next meeting of
the Antarctic Treaty Consultative Parties;
(2) there has been an opportunity for consider-
ation of the draft statement at a meeting of the Ant-
arctic Treaty Consultative Parties, except that no
decision to proceed with a proposed activity shall be
delayed through the operation of this paragraph for
more than 15 months from the circulation of the
draft statement;
(3) a final statement has been made publicly
available at least 60 days before the commencement
of the proposed activity; and
(4) monitoring procedures have been established
to assess and verify the impacts of the activity.
(d) EXCEPTION.—This section shall not apply in
cases of extreme emergency relating to the prevention of
the loss of human life or involving the safety of a ship
or aircraft.
SEC. 8. MONITORING, INSPECTIONS, PLANS, REPORTS.
(a) MONITORING.—
(1) The Secretary, in consultation with the Di-
rector and the Administrator, shall develop and im-
plement a plan for the monitoring of activities within
Antarctica, including the operation of United States
facilities, scientific research, and expeditions, that
have more than a minor or transitory impact on the
environment of Antarctica.
(2) The Secretary may conduct a program for
monitoring the health of the waters of Antarctica
and the Southern Ocean as part of a global ocean
observing system.
(b) INSPECTIONS.—The Secretary of State may agree
on behalf of the United States to a system of observation
and inspection and to interim arrangements pending the
establishment of such a system pursuant to Article 14 of
the Protocol.
(c) LAND-BASED CONTINGENCY PLANS.—The Sec-
retary, in consultation with the Administrator and the
Secretary of the department in which the Coast Guard is
operating, shall develop requirements for contingency
plans for response to incidents caused by persons within
Antarctica with potential adverse effects on the environ-
ment of Antarctica in accordance with Article 15 of the
Protocol.
(d) REPORTS.—The Secretary of State shall—
(1) circulate to all parties to the Antarctic
Treaty, after notice and public comment, all inspec-
tion and compliance reports and all actions taken to
ensure compliance with the Protocol, including no-
tice of activities undertaken in cases of emergency;
and
(2) bring promptly to the attention of other
parties to the Antarctic Treaty all known incidents
of noncompliance with the Protocol by the nationals
of those parties.
SEC. 9. REGULATIONS.
(a) IN GENERAL.—The Secretary and the Secretary
of the department in which the Coast Guard is operating,
after consultation with appropriate officials, shall promul-
gate such regulations as are necessary and appropriate to
implement this Act, taking into account the Antarctic
Treaty, any measures adopted thereunder, the Protocol,
and any awards issued thereunder by a competent tribu-
nal.
(b) SPECIFIC REGULATIONS.—The Secretary shall
issue regulations which—
(1) designate, as native species—
(A) each species of the class Aves,
(B) each species of the class Mammalia,
and
(C) each species of plant,
which is indigenous to Antarctica or occurs in Ant-
arctica through natural dispersal or migration;
(2) specify those actions which shall, and those
actions which shall not, be taken within Antarctica
to protect, in accordance with the applicable provi-
sions of the Protocol, members of each native species
designated under paragraph (1);
(3) identify each area designated by the parties
to the Antarctic Treaty as a specially protected area
or specially managed area, and implement the provi-
sions of the management plan applicable to such
area;
(4) designate, as a specially protected species,
any species of native mammal, native bird, native
plant, or native invertebrate which is approved by
the United States for special protection in addition
to those listed in Annex II to the Protocol;
(5) designate, in consultation with the Adminis-
trator, as a prohibited product for purposes of sec-
tion 3(15)(E) any substance which the Secretary
finds liable, if the substance is introduced into Ant-
arctica, to create hazards to human health, to harm
living resources or marine life, to damage amenities,
or to interfere with other legitimate uses of Antarc-
tica;
(6) specify, in consultation with the Director,
the Administrator, and the Secretary of the depart-
ment in which the Coast Guard is operating, those
actions which shall, and those actions which shall
not, be taken to prevent or control the discharge or
other disposal of prohibited products from any
source within Antarctica;
(7) designate, in consultation with the Director,
those animals and plants that are not indigenous to
Antarctica, which either may, or may not, be intro-
duced into Antarctica, and specify those control
measures which shall be observed with respect to
any such animals or plants which are allowed to be
introduced;
(8) specify, in consultation with the Director
and the Administrator, those actions which shall be
taken for the cleanup of United States facilities in
Antarctica in accordance with Annex III to the Pro-
tocol;
(9) specify, in consultation with the Chairman
of the Council on Environmental Quality, the emer-
gency circumstances with respect to which section
5(b) and section 7(d) apply;
(10) issue general permits in accordance with
section 6(c);
(11) set forth the form, content, and manner of
filing, if applicable, of all notices, reports, declara-
tions, or other documentation which may be required
with respect to the carrying out of any act for which
a permit is required under section 6;
(12) establish, in consultation with interested
persons, including scientific researchers, guidelines
that distinguish Antarctic mineral resource activities
from scientific research within the meaning of Arti-
cle III of the Antarctic Treaty; and
(13) specify those actions which shall, and those
actions which shall not, be taken to ensure compli-
ance by persons whose activities are permitted under
section 6 with the principles of Article 3 of the Pro-
tocol.
(c) SCHEDULE FOR REGULATIONS.—The regulations
required by this section shall be issued within 2 years after
the date of enactment of this Act.
SEC. 10. CIVIL PENALTIES.
(a) ASSESSMENT OF PENALTIES.—
(1) Any person who is found by the Secretary,
after notice and opportunity for a hearing in accord-
ance with subsection (b), to have committed any act
prohibited by section 5 shall be liable to the United
States for a civil penalty. The amount of the civil
penalty shall not exceed $25,000 for each violation.
Each day of a continuing violation shall constitute a
separate offense. The amount of any civil penalty
shall be assessed by the Secretary by written notice.
In determining the amount of the penalty, the Sec-
retary shall take into account the nature, cir-
cumstances, extent, and gravity of the prohibited
acts committed, and, with respect to the violator, the
degree of culpability, any history of prior offenses,
ability to pay, and such other matters as justice may
require, to the extent that the information is reason-
ably available to the Secretary.
(2) The Secretary may compromise, modify, or
remit, with or without conditions, any civil penalty
which may be imposed under this section.
(b) HEARINGS.—Hearings for the assessment of civil
penalties under subsection (a) shall be conducted in ac-
cordance with section 554 of title 5, United States Code.
For the purposes of conducting any such hearing, the Sec-
retary may issue subpoenas for the attendance and testi-
mony of witnesses and the production of relevant papers,
books, and documents, and may administer oaths. Wit-
nesses summoned shall be paid the same fees and mileage
that are paid to witnesses in the courts of the United
States. In case of contempt or refusal to obey a subpoena
served upon any person pursuant to this subsection, the
district court of the United States for any district in which
the person is found, resides, or transacts business, upon
application by the United States and after notice to the
person, shall have jurisdiction to issue an order requiring
the person to appear and give testimony before the Sec-
retary or to appear and produce documents before the Sec-
retary, or both, and any failure to obey such order of the
court may be punished by the court as a contempt thereof.
(c) REVIEW OF CIVIL PENALTY.—Any person against
whom a civil penalty is assessed under subsection (a) may
obtain review thereof in the appropriate district court of
the United States by filing a complaint in the court within
30 days after the date of the order and by simultaneously
sending a copy of the complaint by certified mail to the
Secretary, the Attorney General, and the appropriate
United States Attorney. The Secretary shall promptly file
in the court a certified copy of the record upon which the
violation was found or the penalty imposed, as provided
in section 2112 of title 28, United States Code. The court
shall set aside the findings and order of the Secretary if
the findings and order are found to be unsupported by
substantial evidence, as provided in section 706(2)(E) of
title 5, United States Code.
(d) RECOVERY OF CIVIL PENALTIES.—The Attorney
General may seek to recover in any appropriate district
court of the United States (1) any civil penalty imposed
under this section that has become a final and
unappealable order and has been referred to the Attorney
General by the Secretary, or (2) any final judgment ren-
dered under this section in favor of the United States by
an appropriate court. In such action, the validity and ap-
propriateness of the final order imposing the civil penalty
shall not be subject to review.
(e) PENALTIES UNDER OTHER LAWS.—The assess-
ment of a civil penalty under subsection (a) for any act
shall not be considered to preclude the assessment of a
civil penalty for the act under any other law.
SEC. 11. CRIMINAL OFFENSES.
(a) OFFENSES.—A person is guilty of an offense if
that person knowingly commits any act prohibited by sec-
tion 5.
(b) PUNISHMENT.—Any offense under subsection (a)
is punishable by imprisonment for not more than one year,
or a fine under title 18, United States Code, or both.
(c) OFFENSES UNDER OTHER LAWS.—A conviction
under subsection (a) for any act shall not be considered
to preclude a conviction for the act under any other law.
SEC. 12. ENFORCEMENT.
(a) RESPONSIBILITY.—The provisions of this Act
shall be enforced by the Secretary and the Secretary of
the department in which the Coast Guard is operating.
The Secretaries may utilize by agreement, on a reimburs-
able basis or otherwise, the personnel, services, and facili-
ties (including aircraft and vessels) of any other depart-
ment or agency of the United States in the performance
of such duties.
(b) POWERS OF AUTHORIZED OFFICERS AND EM-
PLOYEES.—Any officer or employee of the United States
who is authorized by the Secretary, the Secretary of the
department in which the Coast Guard is operating, or the
head of any department or agency of the United States
which has entered into an agreement with either Secretary
under subsection (a), to enforce the provisions of this Act,
any regulation promulgated under this Act, or any permit
issued under this Act may, in enforcing such provision—
(1) secure, execute, and serve any order, war-
rant, subpoena, or other process, which is issued
under the authority of the United States or by any
court of competent jurisdiction;
(2) search without warrant any person, place,
vehicle, or aircraft subject to the jurisdiction of the
United States if there are reasonable grounds to be-
lieve that a person has committed an act prohibited
by section 5;
(3) with or without a warrant board and search
or inspect any vessel of the United States or vessel
subject to the jurisdiction of the United States;
(4) seize without warrant—
(A) any evidentiary item if there are rea-
sonable grounds to believe that a person has
committed an act prohibited by section 5,
(B) any native mammal, native bird, native
plant, native invertebrate, or mineral resource
(or part of product thereof) with respect to
which such an act is committed,
(C) any vessel of the United States (in-
cluding its gear, furniture, appurtenances,
stores, and cargo), any vessel subject to the ju-
risdiction of the United States (including its
gear, furniture, appurtenances, stores, and
cargo), any vehicle, aircraft, or other means of
transportation that is subject to the jurisdiction
of the United States used in connection with
such an act, and
(D) any guns, traps, nets, or equipment
used in connection with such an act;
(5) offer and pay rewards for information which
may lead to the apprehension of persons violating
such provisions;
(6) make inquiries, and administer to or take
from, any person an oath, affirmation, or affidavit,
concerning any matter which is related to the en-
forcement of such provisions;
(7) in coordination with the Secretary of the
Treasury, detain for inspection and inspect any
package, crate, or other container, including its con-
tents and all accompanying documents, upon impor-
tation into or exportation from the United States;
(8) make an arrest with or without a warrant
with respect to any act prohibited by section 5, if
such officer or employee has reasonable grounds to
believe that the person to be arrested is committing
such act in his or her presence or view or has com-
mitted such act;
(9) exercise enforcement powers conferred on
the officer or employee under a system of observa-
tion and inspection, or interim arrangements pend-
ing the establishment of such a system, which the
President has agreed to on behalf of the United
States; and
(10) exercise any other authority which the offi-
cer or employee is permitted by law to exercise.
(c) SEIZURE.—Any property or item seized pursuant
to subsection (b) shall be held by any officer or employee
of the United States who is authorized by the Secretary
or the Secretary of the department in which the Coast
Guard is operating, pending the disposition of civil or
criminal proceedings concerning the violation relating to
the property or item or the institution of an action in rem
for the forfeiture of such property or item. Such author-
ized officer or employee may, upon the order of a court
of competent jurisdiction, either release the seized prop-
erty or item to the wild or destroy the property or item
if the cost of maintenance of the property or item pending
the disposition of the case is greater than the legitimate
market value of the property or item. The authorized offi-
cer or employee and all officers or employees acting by
or under his or her direction shall be indemnified from
any penalties or actions for damages for so releasing or
destroying the property or item, unless the actions of the
officer or employee are grossly negligent or constitute will-
ful misconduct. The authorized officer or employee may,
in lieu of holding such property or item, permit the owner
or consignee thereof to post a bond or other satisfactory
surety.
(d) FORFEITURE.—
(1) Any native mammal, native bird, native
plant, native invertebrate, or mineral resource with
respect to which an act prohibited by section 5 is
committed, any vessel of the United States (includ-
ing its gear, furniture, appurtenances, stoves, and
cargo), any vessel, vehicle, or aircraft or other means
of transportation subject to the jurisdiction of the
United States which is used in connection with an
act prohibited by section 5, and all guns, traps, nets,
and other equipment used in connection with such
Secretary of the department in which the Coast Guard is
operating may designate.
(f) EMERGENCY
POWERS.—Notwithstanding any
other provision of this Act, the Secretary or the Secretary
of the department in which the Coast Guard is operating,
upon receipt of evidence that an activity by any person
is presenting, or is threatening to present, an imminent
and substantial endangerment to the environment of Ant-
arctica or to the health and safety of persons residing
therein, may bring suit on behalf of the United States in
the appropriate district court of the United States to im-
mediately restrain that person causing the activity to stop
the activity or to take such other action as may be nec-
essary.
(g) INSPECTION FEES.—The Secretary and the Sec-
retary of the department in which the Coast Guard is op-
erating may charge reasonable fees for the expenses of the
United States incurred in carrying out inspections and in
transferring, boarding, handling, or storing native mam-
mals, native birds, native plants, native invertebrates, ani-
mals and plants not indigenous to Antarctica, mineral re-
sources, and other evidentiary items seized or forfeited
under this Act.
SEC. 13. IN REM LIABILITY; JURISDICTION OF COURTS.
(a) IN REM LIABILITY.—A vessel of the United
States, or a vessel subject to the jurisdiction of the United
States, that is operated in violation of the Protocol, this
Act, or the regulations issued under this Act is liable in
rem for any civil penalty assessed under section 10 or any
fine imposed under section 11, and may be proceeded
against in any district court of the United States having
jurisdiction. The penalty or fine shall constitute a lien on
the vessel which may be recovered in an action in rem in
the district court of the United States having jurisdiction.
(b) JURISDICTION OF COURTS.—The district courts
of the United States shall have jurisdiction over any case
or controversy arising under the provisions of this Act or
of any regulation or permit issued under this Act.
SEC. 14. MARINE POLLUTION.
(a) REFERENCES.—Whenever in this section an
amendment or repeal is expressed in terms of an amend-
ment to or repeal of a section, subsection, or other provi-
sion, the reference shall be considered to be made to a
section, subsection, or other provision of the Act to Pre-
vent Pollution from Ships (33 U.S.C. 1901 et seq.).
(b) DEFINITIONS.—Section 2(a) (33 U.S.C. 1901(a))
is amended—
(1) in paragraph (8) by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (9) by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(10) ‘Antarctica’ means the area south of 60
degrees south latitude, including all ice shelves; and
‘‘(11) ‘Antarctic Protocol’ means the Protocol
on Environmental Protection to the Antarctic Trea-
ty, done at Madrid on October 4, 1991, and all an-
nexes thereto.’’.
(c) APPLICATION
OF ANNEX IV.—Section 2 (33
U.S.C. 1901) is further amended by adding at the end
the following:
‘‘(c) The requirements of Annex IV to the Antarctic
Protocol shall apply in Antarctica—
‘‘(1) to all ships described in section 3(a)(1);
and
‘‘(2) to all other ships over which the United
States has jurisdiction, including all ships engaged
in or supporting United States Antarctic oper-
ations.’’.
(d) APPLICATION IN ANTARCTICA OF ACT TO PRE-
VENT POLLUTION FROM SHIPS.—Section 3 (33 U.S.C.
1902) is amended—
(1) in subsection (a) by striking ‘‘and’’ after the
semicolon at the end of paragraph (3), by striking
the period at the end of paragraph (4) and inserting
‘‘; and’’, and by adding at the end the following:
‘‘(5) with respect to Annex IV to the Antarctic
Protocol, to all ships described in paragraph (1) and
to all other ships over which the United States has
jurisdiction, including all ships engaged in or sup-
porting United States Antarctic operations.’’; and
(2) in subsection (b)(2)—
(A) in subparagraph (A) by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraph
(C)’’;
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A)
the following:
‘‘(B) Notwithstanding any provision of the Ant-
arctic Protocol and subject to subparagraph (C), the
requirements of Annex IV to that Protocol shall
apply to a ship referred to in paragraph (1)(A) oper-
ating in Antarctica.’’.
(e) ADMINISTRATION.—Section 4(a) (33 U.S.C.
1903(a)) is amended in the first sentence by inserting ‘‘,
Annex IV to the Antarctic Protocol,’’ after ‘‘MARPOL
Protocol’’.
(f) REGULATIONS.—Section 4 (33 U.S.C. 1903) is
amended—
(1) in subsection (b)(1) by inserting ‘‘, Annex
IV to the Antarctic Protocol,’’ after ‘‘MARPOL Pro-
tocol’’; and
(2) by adding at the end of subsection (b) the
following:
‘‘(3) The Secretary shall prescribe, within 2 years
after the effective date of the Antarctic Environmental
Protection Protocol Act of 1992, regulations to implement
Annex IV to the Antarctic Protocol, including regulations
to ensure that all ships described in section 3(a)(1) and
all other ships over which the United States has jurisdic-
tion have contingency plans for marine pollution incidents
in Antarctica.’’.
(g) RETENTION OF POLLUTION IN ANTARCTICA.—
Section 6 (33 U.S.C. 1905) is amended by adding at the
end the following:
‘‘(g) The Secretary shall ensure that all ships de-
scribed in section 3(a)(1) and all other ships over which
the United States has jurisdiction, before entering Antarc-
tica—
‘‘(1) have sufficient capacity in accordance with
Annex IV to the Antarctic Protocol to retain on
board, all oil, noxious liquid substances, and gar-
bage; and
‘‘(2) have concluded arrangements to discharge
oil, noxious liquid substances, and garbage at recep-
tion facilities outside of Antarctica.’’.
(h) VIOLATIONS AND ENFORCEMENT.—Section 8 (33
U.S.C. 1907) is amended—
(1) in subsection (a)—
(A) in the first sentence by inserting
‘‘Annex IV to the Antarctic Protocol,’’ after
‘‘MARPOL Protocol,’’; and
(B) by inserting after the second sentence
the following: ‘‘The Secretary shall cooperate
with other parties to the Antarctic Protocol in
the detection of violations of Annex IV to that
Protocol and in its enforcement.’’;
(2) in subsection (b)—
(A) in the fourth sentence by inserting ‘‘or
Annex IV to the Antarctic Protocol as applica-
ble,’’ after ‘‘MARPOL Protocol’’; and
(B) in the fifth sentence by inserting ‘‘or
a party to the Antarctic Protocol’’ after
‘‘MARPOL Protocol’’; and
(3) in subsection (e)—
(A) by redesignating paragraph (2) as
paragraph (3); and
(B) by inserting after paragraph (1) the
following:
‘‘(2) The Secretary may inspect at any time a
ship described in section 3(a)(1) or any other ship
over which the United States has jurisdiction, to ver-
ify whether that ship has discharged oil, a noxious
liquid substance, garbage, or sewage in violation of
Annex IV to the Antarctic Protocol or in violation of
any provision of this Act that implements that Pro-
tocol.’’.
(i) PENALTIES.—Section 9 (33 U.S.C. 1908) is
amended—
(1) in subsection (a) by inserting ‘‘Annex IV to
the Antarctic Protocol,’’ after ‘‘MARPOL Proto-
col,’’;
(2) in subsection (b) by inserting ‘‘Annex IV to
the Antarctic Protocol,’’ after ‘‘MARPOL Protocol,’’
each place it appears;
(3) in subsection (d) by inserting ‘‘Annex IV to
the Antarctic Protocol,’’ after ‘‘MARPOL Proto-
col,’’;
(4) in subsection (e) by inserting ‘‘, Annex IV
to the Antarctic Protocol,’’ after ‘‘MARPOL Proto-
col’’; and
(5) in subsection (f) by inserting ‘‘or to the
Antarctic Protocol’’ after ‘‘MARPOL Protocol’’ each
place it appears.
SEC. 15. RELATION TO EXISTING TREATIES, STATUTES,
REGULATIONS, AND PERMITS.
(a) IN GENERAL.—Except as provided in subsection
(b) and section 14, nothing in this Act shall be construed
as contravening or superseding—
(1) any international treaty, convention, or
agreement, if such treaty, convention, or agreement
is in force with respect to the United States on the
date of enactment of this Act; or
(2) any statute which implements any such
treaty, convention, or agreement.
(b) REPEAL
OF STATUTES.—The Antarctic Con-
servation Act of 1978 (16 U.S.C. 2401 et seq.) and the
Antarctic Protection Act of 1990 (16 U.S.C. 2461 et seq.)
are repealed.
(c) SAVINGS PROVISIONS.—
(1) Nothing in this Act shall affect the author-
ity of the Director—
(A) to support basic research investiga-
tions of the Antarctic environment to under-
stand globally important processes; and
(B) to operate, in accordance with this
Act, United States facilities, bases, and stations
in Antarctica.
(2) All regulations issued under the Antarctic
Conservation Act of 1978 (16 U.S.C. 2401 et seq.)
shall remain in effect until the Secretary or the Sec-
retary of the department in which the Coast Guard
is operating, as the case may be, promulgates new
regulations under section 9 or section 14 of this Act,
except that if the regulations issued under that Act
are inconsistent with the Protocol or have been su-
perseded by the provisions of this Act, the Protocol
and this Act shall control.
(3) All permits issued under the Antarctic Con-
servation Act of 1978 (16 U.S.C. 2401 et seq.) shall
remain in effect until they expire in accordance with
the terms of those permits.
SEC. 16. AMENDMENTS.
(a) ACCEPTANCE
OF CERTAIN AMENDMENTS.—A
proposed amendment to the Protocol may be accepted on
behalf of the United States by the President following the
advice and consent of the Senate, except as provided for
in subsection (b).
(b) ACTION ON CERTAIN AMENDMENTS BY PRESI-
DENT.—A proposed amendment to Annex I, II, III, IV,
or V of the Protocol may be the subject of appropriate
action on behalf of the United States by the Secretary of
State following notification to the Congress.
SEC. 17. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) the prohibition on Antarctic mineral re-
source activities in Article 7 of the Protocol should
remain in effect permanently or indefinitely;
(2) the Secretary of State should promptly
enter into negotiations with other parties to the Ant-
arctic Treaty to conclude an agreement on rules and
procedures relating to liability for damage arising
from activities in Antarctica and covered by the Pro-
tocol; and
(3) the Secretary should ensure that the results
of all scientific investigations relating to geological
processes and structures are made openly available
to the public and scientific community.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated—
(1) to the Secretary $25,000,000 for each of
fiscal years 1994, 1995, and 1996 to carry out this
Act;
(2) to the Secretary of the department in which
the Coast Guard is operating $5,000,000 for each of
fiscal years 1994, 1995, and 1996 to carry out sec-
tion 14; and
(3) to the Secretary of State $500,000 for each
of fiscal years 1994, 1995, and 1996 to carry out
this Act.
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