I
104TH CONGRESS
2D SESSION
H. R. 3060
To implement the Protocol on Environmental Protection to the Antarctic
Treaty.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 1996
Mr. WALKER (for himself, Mr. BROWN of California, Mrs. MORELLA, Mr.
SCHIFF, Mr. ROHRABACHER, Mr. CRAMER, Mr. DAVIS, Mr. EHLERS, Mr.
BOEHLERT, Mr. WELDON of Pennsylvania, Mrs. SEASTRAND, Mr. HAST-
INGS of Florida, Ms. LOFGREN, Mr. MCHALE, Ms. EDDIE BERNICE
JOHNSON of Texas, Mr. MINGE, Mr. OLVER, Ms. RIVERS, Ms. JACKSON-
LEE of Texas, and Mr. BAKER of California) introduced the following
bill; which was referred to the Committee on Science, and in addition to
the Committees on International Relations and Resources, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To implement the Protocol on Environmental Protection to
the Antarctic Treaty.
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 Protection Act of 1996’’.
TITLE I—AMENDMENTS TO THE
ANTARCTIC 
CONSERVATION
ACT OF 1978
SEC. 101. FINDINGS AND PURPOSE.
Section 2 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2401) is amended to read as follows:
‘‘SEC. 2. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that the Ant-
arctic Treaty and the Protocol on Environmental Protec-
tion to the Antarctic Treaty establish a firm foundation
for the comprehensive protection of the Antarctic environ-
ment, the continuation of international cooperation, and
the freedom of scientific investigation in Antarctica.
‘‘(b) PURPOSE.—The purpose of this Act is to pro-
vide legislative authority to implement, with respect to the
United States, the Protocol on Environmental Protection
to the Antarctic Treaty.’’.
SEC. 102. DEFINITIONS.
Section 3 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2402) is amended to read as follows:
‘‘SEC. 3. DEFINITIONS.
‘‘For purposes of this Act—
‘‘(1) the term ‘Administrator’ means the Ad-
ministrator of the Environmental Protection Agency;
‘‘(2) the term ‘Antarctica’ means the area south
of 60 degrees south latitude;
‘‘(3) the term ‘Antarctic Specially Protected
Area’ means an area identified as such pursuant to
Annex V to the Protocol;
‘‘(4) the term ‘Director’ means the Director of
the National Science Foundation;
‘‘(5) the term ‘harmful interference’ means—
‘‘(A) flying or landing helicopters or other
aircraft in a manner that disturbs concentra-
tions 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 signifi-
cant adverse modification of habitats of any
species or population of native mammal, native
bird, native plant, or native invertebrate;
‘‘(6) the term ‘historic site or monument’
means any site or monument listed as a historic site
or monument pursuant to Annex V to the Protocol;
‘‘(7) the term ‘impact’ means impact on the
Antarctic environment and dependent and associated
ecosystems;
‘‘(8) the term ‘import’ means to land on, bring
into, or introduce into, or attempt to land on, bring
into or introduce into, any place subject to the juris-
diction of the United States, including the 12-mile
territorial sea of the United States, whether or not
such act constitutes an importation within the mean-
ing of the customs laws of the United States;
‘‘(9) the term ‘native bird’ means any member,
at any stage of its life cycle (including eggs), of any
species of the class Aves which is indigenous to Ant-
arctica or occurs there seasonally through natural
migrations, and includes any part of such member;
‘‘(10) the term ‘native invertebrate’ means any
terrestrial or freshwater invertebrate, at any stage of
its life cycle, which is indigenous to Antarctica, and
includes any part of such invertebrate;
‘‘(11) the term ‘native mammal’ means any
member, at any stage of its life cycle, of any species
of the class Mammalia, which is indigenous to Ant-
arctica or occurs there seasonally through natural
migrations, and includes any part of such member;
‘‘(12) the term ‘native plant’ means any terres-
trial or freshwater vegetation, including bryophytes,
lichens, fungi, and algae, at any stage of its life
cycle (including seeds and other propagules), which
is indigenous to Antarctica, and includes any part of
such vegetation;
‘‘(13) the term ‘non-native species’ means any
species of animal or plant which is not indigenous to
Antarctica and does not occur there seasonally
through natural migrations;
‘‘(14) the term ‘person’ has the meaning given
that term in section 1 of title 1, United States Code,
and includes any person subject to the jurisdiction
of the United States and any department, agency, or
other instrumentality of the Federal Government or
of any State or local government;
‘‘(15) the term ‘prohibited product’ means any
substance banned from introduction onto land or ice
shelves or into water in Antarctica pursuant to
Annex III to the Protocol;
‘‘(16) the term ‘prohibited waste’ means any
substance which must be removed from Antarctica
pursuant to Annex III to the Protocol, but does not
include materials used for balloon envelopes required
for scientific research and weather forecasting;
‘‘(17) the term ‘Protocol’ means the Protocol on
Environmental Protection to the Antarctic Treaty,
signed October 4, 1991, in Madrid, and all annexes
thereto, including any future amendments thereto to
which the United States is a party;
‘‘(18) the term ‘Secretary’ means the Secretary
of Commerce;
‘‘(19) the term ‘Specially Protected Species’
means any native species designated as a Specially
Protected Species pursuant to Annex II to the Pro-
tocol;
‘‘(20) the term ‘take’ means to kill, injure, cap-
ture, handle, or molest a native mammal or bird, or
to remove or damage such quantities of native plants
that their local distribution or abundance would be
significantly affected;
‘‘(21) the term ‘Treaty’ means the Antarctic
Treaty signed in Washington, DC, on December 1,
1959;
‘‘(22) the term ‘United States’ means the sev-
eral States of the Union, the District of Columbia,
the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, Guam, the Common-
wealth of the Northern Mariana Islands, and any
other commonwealth, territory, or possession of the
United States; and
‘‘(23) the term ‘vessel subject to the jurisdiction
of the United States’ includes any ‘vessel of the
United States’ and any ‘vessel subject to the juris-
diction of the United States’ as those terms are de-
fined in section 303 of the Antarctic Marine Living
Resources Convention Act of 1984 (16 U.S.C.
2432).’’.
SEC. 103. PROHIBITED ACTS.
Section 4 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2403) is amended to read as follows:
‘‘SEC. 4. PROHIBITED ACTS.
‘‘(a) IN GENERAL.—It is unlawful for any person—
‘‘(1) to introduce any prohibited product onto
land or ice shelves or into water in Antarctica;
‘‘(2) to dispose of any waste onto ice-free land
areas or into fresh water systems in Antarctica;
‘‘(3) to dispose of any prohibited waste in Ant-
arctica;
‘‘(4) to engage in open burning of waste;
‘‘(5) to transport passengers to, from, or within
Antarctica by any seagoing vessel not required to
comply with the Act to Prevent Pollution from Ships
(33 U.S.C. 1901 et seq.), unless the person has an
agreement with the vessel owner or operator under
which the owner or operator is required to comply
with Annex IV to the Protocol;
‘‘(6) who organizes, sponsors, operates, or pro-
motes a nongovernmental expedition to Antarctica,
and who does business in the United States, to fail
to notify all members of the expedition of the envi-
ronmental protection obligations of this Act, and of
actions which members must take, or not take, in
order to comply with those obligations;
‘‘(7) to damage, remove, or destroy a historic
site or monument;
‘‘(8) to refuse permission to any authorized offi-
cer or employee of the United States to board a ves-
sel, vehicle, or aircraft of the United States, or sub-
ject to the jurisdiction of the United States, for the
purpose of conducting any search or inspection in
connection with the enforcement of this Act or any
regulation promulgated or permit issued under this
Act;
‘‘(9) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any authorized officer
or employee of the United States in the conduct of
any search or inspection described in paragraph (8);
‘‘(10) to resist a lawful arrest or detention for
any act prohibited by this section;
‘‘(11) to interfere with, delay, or prevent, by
any means, the apprehension, arrest, or detention of
another person, knowing that such other person has
committed any act prohibited by this section;
‘‘(12) to violate any regulation issued under
this Act, or any term or condition of any permit is-
sued to that person under this Act; or
‘‘(13) to attempt to commit or cause to be com-
mitted any act prohibited by this section.
‘‘(b) ACTS PROHIBITED UNLESS AUTHORIZED BY
PERMIT.—It is unlawful for any person, unless authorized
by a permit issued under this Act—
‘‘(1) to dispose of any waste in Antarctica (ex-
cept as otherwise authorized by the Act to Prevent
Pollution from Ships) including—
‘‘(A) disposing of any waste from land into
the sea in Antarctica; and
‘‘(B) incinerating any waste on land or ice
shelves in Antarctica, or on board vessels at
points of embarcation or debarcation, other
than through the use at remote field sites of in-
cinerator toilets for human waste;
‘‘(2) to introduce into Antarctica any member
of a nonnative species;
‘‘(3) to enter or engage in activities within any
Antarctic Specially Protected Area;
‘‘(4) to engage in any taking or harmful inter-
ference in Antarctica; or
‘‘(5) to receive, acquire, transport, offer for
sale, sell, purchase, import, export, or have custody,
control, or possession of, any native bird, native
mammal, or native plant which the person knows, or
in the exercise of due care should have known, was
taken in violation of this Act.
‘‘(c) EXCEPTION FOR EMERGENCIES.—No act de-
scribed in subsection (a)(1), (2), (3), (4), (5), (7), (12),
or (13) or in subsection (b) shall be unlawful if the person
committing the act reasonably believed that the act was
committed under emergency circumstances involving the
safety of human life or of ships, aircraft, or equipment
or facilities of high value, or the protection of the environ-
ment.’’.
SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.
The Antarctic Conservation Act of 1978 is amended
by inserting after section 4 the following new section:
‘‘SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.
‘‘(a) FEDERAL ACTIVITIES.—(1)(A) The obligations
of the United States under Article 8 of and Annex I to
the Protocol shall be implemented by applying the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) to proposals for Federal agency activities in Ant-
arctica, as specified in this section.
‘‘(B) The obligations contained in section 102(2)(C)
of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) shall apply to all proposals for Federal
agency activities occurring in Antarctica and affecting the
quality of the human environment in Antarctica or de-
pendent or associated ecosystems, only as specified in this
section. For purposes of the application of such section
102(2)(C) under this subsection, the term ‘significantly
affecting the quality of the human environment’ shall have
the same meaning as the term ‘more than a minor or tran-
sitory impact’.
‘‘(2)(A) Unless an agency which proposes to conduct
a Federal activity in Antarctica determines that the activ-
ity will have less than a minor or transitory impact, or
unless a comprehensive environmental evaluation is being
prepared in accordance with subparagraph (C), the agency
shall prepare an initial environmental evaluation in ac-
cordance with Article 2 of Annex I to the Protocol.
‘‘(B) If the agency determines, through the prepara-
tion of the initial environmental evaluation, that the pro-
posed Federal activity is likely to have no more than a
minor or transitory impact, the activity may proceed if ap-
propriate procedures are put in place to assess and verify
the impact of the activity.
‘‘(C) If the agency determines, through the prepara-
tion of the initial environmental evaluation or otherwise,
that a proposed Federal activity is likely to have more
than a minor or transitory impact, the agency shall pre-
pare and circulate a comprehensive environmental evalua-
tion in accordance with Article 3 of Annex I to the Proto-
col, and shall make such comprehensive environmental
evaluation publicly available for comment.
‘‘(3) Any agency decision under this section on
whether a proposed Federal activity, to which paragraph
(2)(C) applies, should proceed, and, if so, whether in its
original or in a modified form, shall be based on the com-
prehensive environmental evaluation as well as other con-
siderations which the agency, in the exercise of its discre-
tion, considers relevant.
‘‘(4) For the purposes of this section, the term ‘Fed-
eral activity’ includes all activities conducted under a Fed-
eral agency research program in Antarctica, whether or
not conducted by a Federal agency.
‘‘(b) FEDERAL ACTIVITIES CARRIED OUT JOINTLY
WITH FOREIGN GOVERNMENTS.—(1) For the purposes of
this subsection, the term ‘Antarctic joint activity’ means
any Federal activity in Antarctica which is proposed to
be conducted, or which is conducted, jointly or in coopera-
tion with one or more foreign governments. Such term
shall be defined in regulations promulgated by such agen-
cies as the President may designate.
‘‘(2) Where the Secretary of State, in cooperation
with the lead United States agency planning an Antarctic
joint activity, determines that—
‘‘(A) the major part of the joint activity is
being contributed by a government or governments
other than the United States;
‘‘(B) one such government is coordinating the
implementation of environmental impact assessment
procedures for that activity; and
‘‘(C) such government has signed, ratified, or
acceded to the Protocol,
the requirements of subsection (a) of this section shall not
apply with respect to that activity.
‘‘(3) In all cases of Antarctic joint activity other than
those described in paragraph (2), the requirements of sub-
section (a) of this section shall apply with respect to that
activity, except as provided in paragraph (4).
‘‘(4) Determinations described in paragraph (2), and
agency actions and decisions in connection with assess-
ments of impacts of Antarctic joint activities, shall not be
subject to judicial review.
‘‘(c) NONGOVERNMENTAL ACTIVITIES.—(1) The Ad-
ministrator shall, within 2 years after the date of the en-
actment of the Antarctic Environmental Protection Act of
1996, promulgate regulations to provide for—
‘‘(A) the environmental impact assessment of
nongovernmental activities, including tourism, for
which the United States is required to give advance
notice under paragraph 5 of Article VII of the Trea-
ty; and
‘‘(B) coordination of the review of information
regarding environmental impact assessment received
from other Parties under the Protocol.
‘‘(2) Such regulations shall be consistent with Annex
I to the Protocol.
‘‘(d) DECISION TO PROCEED.—(1) No decision shall
be taken to proceed with an activity for which a com-
prehensive environmental evaluation is prepared under
this section unless there has been an opportunity for con-
sideration of the draft comprehensive environmental eval-
uation at an Antarctic Treaty Consultative Meeting, ex-
cept that no decision to proceed with a proposed activity
shall be delayed through the operation of this paragraph
for more than 15 months from the date of circulation of
the draft comprehensive environmental evaluation pursu-
ant to Article 3(3) of Annex I to the Protocol.
‘‘(2) The Secretary of State shall circulate the final
comprehensive environmental evaluation, in accordance
with Article 3(6) of Annex I to the Protocol, at least 60
days before the commencement of the activity in Antarc-
tica.
‘‘(e) CASES OF EMERGENCY.—The requirements of
this section, and of regulations promulgated under this
section, shall not apply in cases of emergency relating to
the safety of human life or of ships, aircraft, or equipment
and facilities of high value, or the protection of the envi-
ronment, which require an activity to be undertaken with-
out fulfilling those requirements.
‘‘(f) EXCLUSIVE MECHANISM.—Notwithstanding any
other provision of law, the requirements of this section
shall constitute the sole and exclusive statutory obligations
of the Federal agencies with regard to assessing the envi-
ronmental impacts of proposed Federal activities occur-
ring in Antarctica.
‘‘(g) DECISIONS
ON PERMIT APPLICATIONS.—The
provisions of this section requiring environmental impact
assessments (including initial environmental evaluations
and comprehensive environmental evaluations) shall not
apply to Federal actions with respect to issuing permits
under section 5.
‘‘(h) PUBLICATION OF NOTICES.—Whenever the Sec-
retary of State makes a determination under paragraph
(2) of subsection (b) of this section, or receives a draft
comprehensive environmental evaluation in accordance
with Annex I, Article 3(3) to the Protocol, the Secretary
of State shall cause timely notice thereof to be published
in the Federal Register.’’.
SEC. 105. PERMITS.
Section 5 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2404) is amended—
(1) in subsection (a) by striking ‘‘section 4(a)’’
and inserting in lieu thereof ‘‘section 4(b)’’;
(2) in subsection (c)(1)(B) by striking ‘‘Spe-
cial’’ and inserting in lieu thereof ‘‘Species’’; and
(3) in subsection (e)—
(A) by striking ‘‘or native plants to which
the permit applies,’’ in paragraph (1)(A)(i) and
inserting in lieu thereof ‘‘native plants, or na-
tive invertebrates to which the permit applies,
and’’;
(B) by striking paragraph (1)(A)(ii) and
(iii) and inserting in lieu thereof the following
new clause:
‘‘(ii) the manner in which the taking or
harmful interference shall be conducted (which
manner shall be determined by the Director to
be humane) and the area in which it will be
conducted;’’;
(C) by striking ‘‘within Antarctica (other
than within any specially protected area)’’ in
paragraph (2)(A) and inserting in lieu thereof
‘‘or harmful interference within Antarctica’’;
(D) by striking ‘‘specially protected spe-
cies’’ in paragraph (2)(A) and (B) and insert-
ing in lieu thereof ‘‘Specially Protected Spe-
cies’’;
(E) by striking ‘‘; and’’ at the end of para-
graph (2)(A)(i)(II) and inserting in lieu thereof
‘‘, or’’;
(F) 
by 
adding 
after 
paragraph
(2)(A)(i)(II) the following new subclause:
‘‘(III) for unavoidable consequences of
scientific activities or the construction and
operation of scientific support facilities;
and’’;
(G) by striking ‘‘with Antarctica and’’ in
paragraph (2)(A)(ii)(II) and inserting in lieu
thereof ‘‘within Antarctica are’’; and
(H) by striking subparagraphs (C) and (D)
of paragraph (2) and inserting in lieu thereof
the following new subparagraph:
‘‘(C) A permit authorizing the entry into an
Antarctic Specially Protected Area shall be issued
only—
‘‘(i) if the entry is consistent with an ap-
proved management plan, or
‘‘(ii) if a management plan relating to the
area has not been approved but—
‘‘(I) there is a compelling purpose for
such entry which cannot be served else-
where, and
‘‘(II) the actions allowed under the
permit will not jeopardize the natural eco-
logical system existing in such area.’’.
SEC. 106. REGULATIONS.
Section 6 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2405) is amended to read as follows:
‘‘SEC. 6. REGULATIONS.
‘‘(a) REGULATIONS TO BE ISSUED BY THE DIREC-
TOR.—(1) The Director shall issue such regulations as are
necessary and appropriate to implement Annex II and
Annex V to the Protocol and the provisions of this Act
which implement those annexes, including section 4(b)(2),
(3), (4), and (5) of this Act. The Director shall designate
as native species—
‘‘(A) each species of the class Aves;
‘‘(B) each species of the class Mammalia; and
‘‘(C) each species of plant,
which is indigenous to Antarctica or which occurs there
seasonally through natural migrations.
‘‘(2) The Director, with the concurrence of the Ad-
ministrator, shall issue such regulations as are necessary
and appropriate to implement Annex III to the Protocol
and the provisions of this Act which implement that
Annex, including section 4(a) (1), (2), (3), and (4), and
section 4(b)(1) of this Act.
‘‘(3) The Director shall issue such regulations as are
necessary and appropriate to implement Article 15 of the
Protocol with respect to land areas and ice shelves in Ant-
arctica.
‘‘(4) The Director shall issue such additional regula-
tions as are necessary and appropriate to implement the
Protocol and this Act, except as provided in subsection (b).
‘‘(b) REGULATIONS TO BE ISSUED BY THE SEC-
RETARY OF THE DEPARTMENT IN WHICH THE COAST
GUARD IS OPERATING.—The Secretary of the Depart-
ment in which the Coast Guard is operating shall issue
such regulations as are necessary and appropriate, in ad-
dition to regulations issued under the Act to Prevent Pol-
lution from Ships (33 U.S.C. 1901 et seq.), to implement
Annex IV to the Protocol and the provisions of this Act
which implement that Annex, and, with the concurrence
of the Director, such regulations as are necessary and ap-
propriate to implement Article 15 of the Protocol with re-
spect to vessels.
‘‘(c) TIME PERIOD FOR REGULATIONS.—The regula-
tions to be issued under subsection (a) (1) and (2) of this
section shall be issued within 2 years after the date of
the enactment of the Antarctic Environmental Protection
Act of 1996. The regulations to be issued under subsection
(a)(3) of this section shall be issued within 3 years after
the date of the enactment of the Antarctic Environmental
Protection Act of 1996.’’.
SEC. 107. SAVING PROVISIONS.
Section 14 of the Antarctic Conservation Act of 1978
is amended to read as follows:
‘‘SEC. 14. SAVING PROVISIONS.
‘‘(a) REGULATIONS.—All regulations promulgated
under this Act prior to the date of the enactment of the
Antarctic Environmental Protection Act of 1996 shall re-
main in effect until superseding regulations are promul-
gated under section 6.
‘‘(b) PERMITS.—All permits issued under this Act
shall remain in effect until they expire in accordance with
the terms of those permits.’’.
TITLE II—AMENDMENTS TO ANT-
ARCTIC PROTECTION ACT OF
1990
SEC. 201. FINDING AND PURPOSE.
Section 2 of the Antarctic Protection Act of 1990 (16
U.S.C. 2461) is amended to read as follows:
‘‘SEC. 2. FINDING AND PURPOSE.
‘‘(a) FINDING.—The Congress finds that the Protocol
on Environmental Protection to the Antarctic Treaty pro-
hibits indefinitely Antarctic mineral resource activities.
‘‘(b) PURPOSE.—The purpose of this Act is to pro-
vide legislative authority to implement, with respect to the
United States, Article 7 of the Protocol on Environmental
Protection to the Antarctic Treaty.’’.
SEC. 202. PROHIBITION OF ANTARCTIC MINERAL RE-
SOURCE ACTIVITIES.
Section 4 of the Antarctic Protection Act of 1990 (16
U.S.C. 2463) is amended by striking ‘‘Pending a new
agreement among the Antarctic Treaty Consultative Par-
ties in force for the United States, to which the Senate
has given advice and consent or which is authorized by
further legislation by the Congress, which provides an in-
definite ban on Antarctic mineral resource activities, it’’
and inserting in lieu thereof ‘‘It’’.
SEC. 203. ADDITIONAL AMENDMENTS.
(a) REPEALS.—Sections 5 and 7 of the Antarctic
Protection Act of 1990 (16 U.S.C. 2464 and 2466) are
repealed.
(b) REDESIGNATION.—Section 6 of the Antarctic
Protection Act of 1990 (16 U.S.C. 2465) is redesignated
as section 5.
TITLE 
III—AMENDMENTS 
TO
THE ACT TO PREVENT POLLU-
TION FROM SHIPS
(a) DEFINITIONS.—Section 2 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1901) is amended—
(1) by redesignating paragraphs (1) through
(9) of subsection (a) as paragraphs (3) through
(11), respectively;
(2) by inserting before paragraph (3), as so re-
designated by paragraph (1) of this subsection, the
following new paragraphs:
‘‘(1) ‘Antarctica’ means the area south of 60
degrees south latitude;
‘‘(2) ‘Antarctic Protocol’ means the Protocol on
Environmental Protection to the Antarctic Treaty,
signed October 4, 1991, in Madrid, and all annexes
thereto, and includes any future amendments thereto
which have entered into force;’’; and
(3) by adding at the end the following new sub-
section:
‘‘(c) For the purposes of this Act, the requirements
of Annex IV to the Antarctic Protocol shall apply in Ant-
arctica to all vessels over which the United States has ju-
risdiction.’’.
(b) APPLICATION OF ACT.—Section 3(b)(1)(B) of the
Act to Prevent Pollution from Ships (33 U.S.C.
1902(b)(1)(B)) is amended by inserting ‘‘or the Antarctic
Protocol’’ after ‘‘MARPOL Protocol’’.
(c) ADMINISTRATION.—Section 4 of the Act to Pre-
vent Pollution from Ships (33 U.S.C. 1903) is amended—
(1) by inserting ‘‘, Annex IV to the Antarctic
Protocol,’’ after ‘‘the MARPOL Protocol’’ in the
first sentence of subsection (a);
(2) in subsection (b)(1) by inserting ‘‘, Annex
IV to the Antarctic Protocol,’’ after ‘‘the MARPOL
Protocol’’;
(3) in subsection (b)(2)(A) by striking ‘‘within
1 year after the effective date of this paragraph,’’;
and
(4) in subsection (b)(2)(A)(i) by inserting ‘‘and
of Annex IV to the Antarctic Protocol’’ after ‘‘the
Convention’’.
(d) POLLUTION RECEPTION FACILITIES.—Section 6
of the Act to Prevent Pollution from Ships (33 U.S.C.
1905) is amended—
(1) in subsection (b) by inserting ‘‘or the Ant-
arctic Protocol’’ after ‘‘the MARPOL Protocol’’;
(2) in subsection (e)(1) by inserting ‘‘or the
Antarctic Protocol’’ after ‘‘the Convention’’;
(3) in subsection (e)(1)(A) by inserting ‘‘or Ar-
ticle 9 of Annex IV to the Antarctic Protocol’’ after
‘‘the Convention’’; and
(4) in subsection (f) by inserting ‘‘or the Ant-
arctic Protocol’’ after ‘‘the MARPOL Protocol’’.
(e) VIOLATIONS.—Section 8 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1907) is amended—
(1) in the first sentence of subsection (a) by in-
serting ‘‘Annex IV to the Antarctic Protocol,’’ after
‘‘MARPOL Protocol,’’;
(2) in the second sentence of subsection (a)—
(A) by inserting ‘‘or to the Antarctic Pro-
tocol’’ after ‘‘to the MARPOL Protocol’’; and
(B) by inserting ‘‘and Annex IV to the
Antarctic Protocol’’ after ‘‘of the MARPOL
Protocol’’;
(3) in subsection (b) by inserting ‘‘or the Ant-
arctic Protocol’’ after ‘‘MARPOL Protocol’’ both
places it appears;
(4) in subsection (c)(1) by inserting ‘‘, of Arti-
cle 3 or Article 4 of Annex IV to the Antarctic Pro-
tocol,’’ after ‘‘to the Convention’’;
(5) in subsection (c)(2) by inserting ‘‘or the
Antarctic Protocol’’ after ‘‘which the MARPOL Pro-
tocol’’;
(6) in subsection (c)(2)(A) by inserting ‘‘,
Annex IV to the Antarctic Protocol,’’ after
‘‘MARPOL Protocol’’;
(7) in subsection (c)(2)(B)—
(A) by inserting ‘‘or the Antarctic Proto-
col’’ after ‘‘to the MARPOL Protocol’’; and
(B) by inserting ‘‘or Annex IV to the Ant-
arctic Protocol’’ after ‘‘of the MARPOL Proto-
col’’;
(8) in subsection (d)(1) by inserting ‘‘, Article
5 of Annex IV to the Antarctic Protocol,’’ after
‘‘Convention’’;
(9) in subsection (e)(1)—
(A) by inserting ‘‘or the Antarctic Proto-
col’’ after ‘‘MARPOL Protocol’’; and
(B) by striking ‘‘that Protocol’’ and insert-
ing in lieu thereof ‘‘those Protocols’’; and
(10) in subsection (e)(2) by inserting ‘‘, of
Annex IV to the Antarctic Protocol,’’ after
‘‘MARPOL Protocol’’.
(f) PENALTIES.—Section 9 of the Act to Prevent Pol-
lution from Ships (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)(1) by inserting ‘‘, Annex
IV to the Antarctic Protocol,’’ after ‘‘MARPOL Pro-
tocol,’’;
(3) in subsection (b)(2) by inserting ‘‘, Annex
IV to the Antarctic Protocol,’’ after ‘‘MARPOL Pro-
tocol,’’;
(4) in subsection (d) by inserting ‘‘, Annex IV
to the Antarctic Protocol,’’ after ‘‘MARPOL Proto-
col,’’;
(5) in subsection (e) by inserting ‘‘, Annex IV
to the Antarctic Protocol,’’ after ‘‘MARPOL Proto-
col’’; and
(6) in subsection (f) by inserting ‘‘or the Ant-
arctic Protocol’’ after ‘‘MARPOL Protocol’’ both
places it appears.
Æ