I
103D CONGRESS
1ST SESSION
H. R. 3532
To implement the Protocol on Environmental Protection to the Antarctic
Treaty, to enact a prohibition against Antarctic mineral resources activi-
ties, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 18, 1993
Mr. BOUCHER (for himself, Mr. BROWN of California, and Mr. BOEHLERT)
introduced the following bill; which was referred jointly to the Committees
on Merchant Marine and Fisheries, Science, Space, and Technology,
Foreign Affairs, and Natural Resources
A BILL
To implement the Protocol on Environmental Protection to
the Antarctic Treaty, to enact a prohibition against
Antarctic mineral resources activities, 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 Protection Act of 1993.’’
SEC. 2. FINDINGS, PURPOSE, AND POLICY.
(a) FINDINGS.—The Congress finds that—
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(1) the Antarctic Treaty and the Protocol on
Environmental Protection to the Antarctic Treaty
have established a firm foundation for the com-
prehensive protection of the Antarctic environment,
the continuation of international cooperation, and
the freedom of scientific investigation in Antarctica;
(2) the Protocol establishes international mech-
anisms and creates legal obligations necessary for
the maintenance of Antarctica as a natural reserve,
devoted to peace and science;
(3) the Protocol serves important United States
environmental and resource management interests,
while at the same time preserving the freedom of sci-
entific investigation in Antarctica;
(4) the Protocol represents an important con-
tribution to the United States’ long-term legal and
political objectives of maintenance of Antarctica as
an area of peaceful international cooperation;
(5) the Protocol institutes environmental impact
assessment procedures applicable to United States
activities in Antarctica which are consistent with
those of the National Environmental Policy Act of
1969;
(6) the prohibition of Antarctic mineral re-
source activity will contribute to protection of the
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Antarctic environment and dependent and associated
ecosystems by avoiding potential environmental deg-
radation which could result from mineral resource
activities;
(7) the Protocol, including the principles con-
tained in Article 3, which is legally binding on the
United States, provides a basis for granting residual
regulatory authority to address situations not spe-
cifically addressed by the provisions of the Protocol;
and
(8) Antarctica is a natural reserve, devoted to
peace and science.
(b) PURPOSE.—The purpose of this Act is to provide
legislative authority to implement, with respect to the
United States, the Protocol on Environmental Protection
to the Antarctic Treaty.
(c) POLICY.—
(1) It is the national policy of the United States
that the protection of the Antarctic environment and
dependent and associated ecosystems and the intrin-
sic value of Antarctica, including its wilderness and
aesthetic values and its value as an area for the con-
duct of scientific research, in particular research es-
sential to understanding the global environment,
shall be fundamental considerations in the planning
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and conduct of all activities in the Antarctic Treaty
area.
(2) It is the national policy of the United States
that activities in Antarctica are to be planned and
conducted so as to limit adverse impacts on the Ant-
arctic environment and dependent and associated
ecosystems and avoid—
(A) adverse effects on climate or weather
patterns;
(B) significant adverse effects on air or
water quality;
(C) significant changes in the atmospheric,
terrestrial (including aquatic), glacial, or ma-
rine environments;
(D) detrimental changes in the distribu-
tion, abundance or productivity of species or
populations of species of fauna and flora;
(E) further jeopardy to endangered or
threatened species or populations of such spe-
cies; or
(F) degradation of, or substantial risk to,
areas of biological, scientific, historic, aesthetic,
or wilderness significance.
(3) It is the national policy of the United States
that activities in Antarctica are to be planned and
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conducted on the basis of information sufficient to
allow prior assessments of, and informed judgments
about, their possible impacts on the Antarctic envi-
ronment and dependent and associated ecosystems
and on the value of Antarctica for the conduct of
scientific research, taking full account of—
(A) the scope of the activity, including its
area, duration, and intensity;
(B) the cumulative impacts of the activity,
both by itself and in combination with other ac-
tivities in the Antarctic Treaty area;
(C) whether the activity will detrimentally
affect any other activity in the Antarctic Treaty
area;
(D) whether technology and procedures are
available to provide for environmentally safe op-
erations;
(E) whether there exists the capacity to
monitor key environmental parameters and eco-
system components so as to identify and pro-
vide early warning of any adverse effects of the
activity and to provide for such modification of
operating procedures as may be necessary in
the light of the results of monitoring or in-
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creased knowledge of the Antarctic environment
and dependent and associated ecosystems; and
(F) whether there exists the capacity to re-
spond promptly and effectively to accidents,
particularly those with potential environmental
effects.
(4) It is the national policy of the United States
that regular and effective monitoring take place to
allow assessment of the impacts of ongoing activi-
ties, including the verification of predicted impacts.
(5) It is the national policy of the United States
that regular and effective monitoring take place to
facilitate early detection of the possible unforeseen
effects of activities carried out both within and out-
side the Antarctic Treaty area on the Antarctic envi-
ronment and dependent and associated ecosystems.
(6) It is the national policy of the United States
that activities in Antarctica be planned and con-
ducted so as to accord priority to scientific research
and to preserve the value of Antarctica as an area
for the conduct of such research, including research
essential to understanding the global environment.
(7) It is the national policy of the United States
that activities in Antarctica subject to United States
jurisdiction take place in a manner consistent with
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the Protocol, and be modified, suspended or can-
celled if they result in or threaten to result in im-
pacts upon the Antarctic environment or dependent
or associated ecosystems inconsistent with the
Protocol.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency
or an officer or employee of the Environmental Pro-
tection Agency designated by the Administrator.
(2) The term ‘‘Antarctica’’ means the area
south of sixty degrees south latitude, except that
with respect to Antarctic mineral resource activity,
the term means the area south of the Antarctic Con-
vergence as defined in section 303 of the Antarctic
Marine Living Resources Convention Act of 1984
(16 U.S.C. 2432(1)).
(3) The term ‘‘Antarctic 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
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Secretary of the Department in which the Coast
Guard is operating, or the Secretary of State, as
regulatory responsibilities are vested under this Act.
(14) The term ‘‘import’’ means to land on,
bring into, or introduce into, or attempt to land on,
bring into, or introduce into, any place subject to the
jurisdiction of the United States, including the 12-
mile territorial sea of the United States, whether or
not such act constitutes an importation within the
meaning of the customs laws of the United States.
(15) The term ‘‘native bird’’ means any mem-
ber, at any stage of its life cycle (including eggs), of
any species of the class Aves which is indigenous to
Antarctica or occurs there seasonally through natu-
ral migrations, designated by the Director as a na-
tive species under section 6, and includes any part
of such member.
(16) The term ‘‘native invertebrate’’ means any
terrestrial or freshwater invertebrate, at any stage of
its life cycle, which is indigenous to Antarctica, des-
ignated by the Director as such under section 6, and
includes any part of such invertebrate.
(17) 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-
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arctica or occurs there seasonally through natural
migrations, designated by the Director as a native
species under section 6, and includes any part of
such member.
(18) 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 in-
digenous to Antarctica, designated as such by the
Director under section 6, and includes any part of
such vegetation.
(19) The term ‘‘non-native species’’ means any
species of animal or plant which is not indigenous to
Antarctica.
(20) The term ‘‘person’’ means an individual,
partnership, corporation, trust, association, or other
entity subject to the jurisdiction of the United
States and any department, agency, or other instru-
mentality of the Federal Government or of any State
or local government, and any officer, employee, or
agent of any such instrumentality.
(21) The term ‘‘prohibited product’’ means any
substance which is designated as such under section
6.
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(22) The term ‘‘prohibited waste’’ means any
substance which is designated as such under section
6.
(23) The term ‘‘prospecting’’ means any activ-
ity, including logistic support, the purpose of which
is the identification of Antarctic mineral resource
potential for possible exploration and development.
(24) The term ‘‘Protocol’’ means the Protocol
on Environmental Protection to the Antarctic Trea-
ty, signed October 4, 1991, in Madrid, and all an-
nexes thereto, and includes any future amendments
thereto which have entered into force.
(25) The term ‘‘Secretary’’ means the Secretary
of Commerce, or an officer or employee of the De-
partment of Commerce designed by the Secretary.
(26) The term ‘‘specifically protected species’’
means any native species designated as a specifically
protected species by the Director under section 6.
(27) The term ‘‘take’’ or ‘‘taking’’ means to
kill, injure, capture, handle, or molest, a native
mammal or bird, or to remove or damage such quan-
tities of native plants that their local distribution or
abundance would be significantly affected.
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(28) The terms ‘‘Treaty’’ and ‘‘Antarctic Trea-
ty’’ mean the Antarctic Treaty signed in Washing-
ton, D.C. on December 1, 1959.
(29) 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, any other
commonwealth, territory or possession of the United
States, and the Trust Territory of the Pacific
Islands.
(30) The term ‘‘vessel subject to the jurisdic-
tion of the United States’’ includes any ‘‘vessel of
the United States’’ and any ‘‘vessel subject to the
jurisdiction of the United States’’ as those terms are
defined in section 303 of the Antarctic Marine Liv-
ing Resources Convention Act of 1984 (16 U.S.C.
2432).
SEC. 4. PROHIBITED ACTS.
(a) IN GENERAL.—It is unlawful for any person—
(1) to engage in, provided assistance (including
logistic support) to, or knowingly finance any Ant-
arctic mineral resource activity;
(2) to receive, acquire, transport, offer for sale,
sell, purchase, import, export, or have custody, con-
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trol or possession of any Antarctic mineral resource
which that person knows, or in the exercise of due
care should have known, was recovered or otherwise
possessed as a result of Antarctic mineral resource
activity, without regard to the citizenship of the en-
tity that engaged in, or the vessel used in engaging
in, the Antarctic mineral resource activity;
(3) to introduce any prohibited product onto
land or ice shelves or into water in Antarctica;
(4) to dispose of any waste onto ice-free land
areas or into fresh water systems in Antarctica;
(5) to dispose of any prohibited waste in Ant-
arctica;
(6) to engage in open burning of waste in Ant-
arctica after March 1, 1994;
(7) to transport passengers to, from or within
Antarctica by any 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;
(8) who organizes, sponsors, operates, or pro-
motes a non-governmental expedition to Antarctica,
and who does business in the United States, to fail
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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;
(9) to damage, remove, or destroy a historic site
or monument;
(10) 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;
(11) 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 (10)
of this subsection;
(12) to resist a lawful arrest or detention for
any act prohibited by this section;
(13) 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;
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(14) to violate any regulation promulgated
under this Act, or any term or condition of any per-
mit issued to that person under this Act; or
(15) to attempt to commit or cause to be com-
mitted any act prohibited by this section.
(b) 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 under the Act to Pre-
vent Pollution from Ships (33 U.S.C. 1901 et seq.)),
including—
(A) to dispose of any waste from land into
the sea in Antarctica; and
(B) to incinerate 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 non-native 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
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(5) to receive, acquire, transport, offer for sale,
sell, purchase, import, export, or have custody, con-
trol or possession of, any native bird, native mam-
mal, 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 subsections (a)(4), (a)(5), (a)(6), (a)(7), (a)(9),
(a)(14), (a)(15) or subsection (b) shall be unlawful if the
person committing the act reasonably believed that he or
she did so 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. 5. PERMITS.
(a) IN GENERAL.—The Director may, in accordance
with this section, issue a permit which authorizes the con-
duct within Antarctica of an act described in section 4(b).
(b) APPLICATIONS FOR PERMITS.—
(1) Applications for permits under this section
shall be made in such manner and form, and shall
contain such information, as the Director shall by
regulation prescribe, and shall be signed by the per-
sons responsible for the activities undertaken under
the permit.
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(2) The Director 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 thir-
ty days (or such other reasonable period greater
than thirty days as the Director may determine)
after the publication of the notice, of written data,
comments, or views with respect to the application.
Such application, and any data, comments or views
received, shall be made available to the public.
(c) COOPERATION WITH OTHER AGENCIES ON CER-
TAIN PERMITS.—
(1)(A) If the Director receives an application
for a permit under this section requesting authority
to undertake any action with respect to—
(i) any native mammal which is a marine
mammal within the meaning of section 3(5) of
the Marine Mammal Protection Act of 1972 (16
U.S.C. 1362(5));
(ii) any native mammal, 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.);
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(iii) 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 or to the Secretary of the Interior, as appro-
priate (hereinafter in this subsection referred to as the
‘‘appropriate Secretary’’).
(B) After receiving a copy of any application
from the Director under subparagraph (A) of this
paragraph the appropriate Secretary shall promptly
determine, and notify the Director, whether or not
any action proposed in the application also requires
a permit or other authorization under any law ad-
ministered by the appropriate Secretary.
(C) If the appropriate Secretary notifies the Di-
rector that any action proposed in the application re-
quires a permit or other authorization under any law
administered by the appropriate Secretary, the Di-
rector may not issue a permit under this section
with respect to such action unless such other re-
quired permit or authorization is issued by the ap-
propriate Secretary and a copy thereof is submitted
to the Director. The issuance of any permit or other
authorization by the appropriate Secretary for the
carrying out of any action with respect to any native
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mammal, native bird, native invertebrate, or native
plant shall not be deemed to entitle the applicant
concerned to the issuance by the Director of a per-
mit under this section.
(2)(A) If the Director receives an application
for a permit under this section requesting authority
to undertake an action described in section 4(b)(1),
the Director shall submit a copy of the application
to the Administrator, and the Director and Adminis-
trator shall promptly consult on the application.
(B) The Director shall not issue, or deny the is-
suance of, a permit under this section with respect
to an action described in section 4(b)(1) before con-
sulting with the Administrator.
(3)(A) If the Director receives an application
for a permit under this section requesting authority
to undertake an action described in section 4(b)(4)
in connection with unavoidable consequences of the
construction or operation of scientific support facili-
ties, the Director shall submit a copy of the applica-
tion to the Secretary, and the Director and the Sec-
retary shall promptly consult on the application.
(B) The Director shall not issue, or deny the is-
suance of, a permit under this section with respect
to such an action without the written concurrence of
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the Secretary. The Secretary shall inform the Direc-
tor of such concurrence or denial thereof within sixty
days (unless the Secretary and Director agree other-
wise) after receiving a copy of the application under
paragraph (3)(A) of this subsection.
(4) The Director shall provide the Adminis-
trator with a copy of any permit application received
for an activity which may be subject to regulations
promulgated under section 7(c). The Director shall
not issue such a permit without written notice from
the Administrator that the applicable requirements
of such regulations have been met. The Adminis-
trator shall provide the Director with written notice
as to whether such requirements have been met
within sixty days after receiving a copy of the appli-
cation.
(d) 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
(c) of this section applies, as soon as practicable after the
applicable requirements of such subsection are complied
with, the Director shall issue, or deny the issuance of, the
permit. Within ten days after the date of the issuance or
denial of a permit under this subsection, the Director shall
publish notice of the issuance or denial in the Federal Reg-
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ister, including a description of any terms and conditions
of the permit.
(e) MODIFICATION, SUSPENSION, 
AND
REVOCA-
TION.—
(1) The Director may modify, suspend, or re-
voke, in whole or part, any permit issued under this
section—
(A) if there is any change in conditions
which makes the permit inconsistent with the
provisions of this Act or the Protocol;
(B) in any case in which there has been
any violation of this Act, including a violation
of any regulation promulgated under this Act,
or of any term or condition of the permit; or
(C) in order to make the permit consistent
with any change made, after the date of issu-
ance of the permit, to any regulation promul-
gated under section 6.
(2) If consultation with the Administrator was
required before issuance of the permit, under sub-
section (c)(2) of this section, then the Director shall
not modify the permit before consulting with the Ad-
ministrator with respect to the modification.
(3) If the concurrence of the Secretary was re-
quired before issuance of the permit, under sub-
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section (c)(3) of this section, then the Director shall
not modify the permit without receiving the concur-
rence of the Secretary with respect to the modifica-
tion.
(4) The Director shall publish notice of the
modification, suspension, or revocation of any permit
in the Federal Register within ten days after the
date of the decision, including the reasons for the
decision.
(5) Any permit modification, suspension, or rev-
ocation under paragraph (1)(B) of this subsection
shall be undertaken pursuant to the provisions of
section 15.
(f) PERMIT FEES.—The Director may 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 Director
in processing the application. Fees received will be cred-
ited to the appropriation or appropriations designated by
the Director.
(g) TERMS AND CONDITIONS OF PERMITS.—
(1) Each permit issued under this section shall
specify—
(A) the period during which the permit is
valid; and
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(B) any other terms and conditions the Di-
rector considers necessary and appropriate to
ensure that any action authorized under the
permit is carried out in a manner consistent
with this Act and the regulations promulgated
under the Act, including appropriate record-
keeping, reporting, and compliance monitoring
requirements, and other terms and conditions
relating to inspection of documents and records.
(2) A permit which authorizes the disposal of
any waste in Antarctica shall—
(A) be issued only if the Director deter-
mines, after consultation with the Adminis-
trator and based on all relevant information,
that such disposal will not pose a substantial
hazard to human health or the Antarctic envi-
ronment;
(B) specify the amount of waste which
may be disposed of in Antarctica, how the
waste shall be managed prior to disposal, and
the conditions for the disposal;
(C) authorize the disposal of sewage or do-
mestic liquid wastes from land directly into the
sea only if the Director has taken fully into ac-
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count the provisions of Article 3 of, and Annex
III to, the Protocol, and provided that:
(i) the Director has determined that
such disposal occurs, if practicable, where
conditions exist for initial dilution and
rapid dispersal; and
(ii) if generated in large quantities,
such waste shall be treated by maceration
or a treatment that the Director has deter-
mined provides greater environmental pro-
tection than does maceration;
(D) authorize the disposal of the by-prod-
uct of sewage treatment by the rotary biological
contractor process or similar processes from
land into the sea, provided that the Director
has determined that such disposal does not ad-
versely affect the local environment;
(E) authorize the disposal of waste
through incineration only if the Director has
determined that the incineration will meet the
standards established by regulation under sec-
tion 6; and
(F) not authorize any disposal of prohib-
ited waste in Antarctica.
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All determinations by the Director under this para-
graph shall be made in consultation with the Admin-
istrator.
(3) A permit which authorizes a taking or a
harmful interference within Antarctica—
(A) may be issued only for the purpose of
providing—
(i) specimens for scientific study or
scientific information;
(ii) specimens for museums, herbaria,
zoological or botanical gardens, or other
educational or cultural institutions or uses;
or
(iii) for consequences of scientific ac-
tivities, or of the construction and oper-
ation of scientific support facilities, which
the Director has determined are unavoid-
able; and
(B) shall require that, as determined by
the Director—
(i) no more native mammals, native
birds, or native plants are taken than are
strictly necessary to meet the purposes set
forth in subparagraph (A) of this para-
graph;
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(ii) only small numbers of native
mammals or native birds are killed, and in
no case more native mammals or native
birds are killed from local populations than
can, in combination with other permitted
takings, normally be replaced by natural
reproduction in the following season; and
(iii) the diversity of species, as well as
the habitats essential to their existence,
and the balance of the ecological systems
existing within Antarctica are maintained.
(C) shall specify—
(i) the number and species of native
mammals, native birds, native inverte-
brates, or native plants to which the per-
mit applies; and
(ii) the manner in which the taking or
harmful interference shall be conducted
(which manner, as determined by the Di-
rector, involves the least degree of pain
and suffering practicable), the period of
time within which it must be conducted,
the area in which it must be conducted,
and the person who will take the action.
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All determinations made by the Director under this
paragraph in connection with permits for which the
concurrence of the Secretary under subsection (c)(3)
of this section is required shall be made only with
the concurrence of the Secretary.
(4) A permit which authorizes a taking within
Antarctica of a member of a specially protected spe-
cies must meet the requirements contained in para-
graph (3) of this subsection, and in addition may be
issued only if the Director determines that—
(A) there is a compelling scientific purpose
for the taking;
(B) the taking will not jeopardize any ex-
isting natural ecological system or the survival
or recovery of the species or local population;
and
(C) the taking uses non-lethal techniques,
if appropriate.
All determinations made by the Director under this
paragraph in connection with permits for which the
concurrence of the Secretary under subsection (c)(3)
of this section is required shall be made only with
the concurrence of the Secretary.
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(5) A permit which authorizes the introduction
of a member of a non-native species into Antarc-
tica—
(A) may not be issued unless the non-na-
tive species is listed in Appendix B to Annex II
to the Protocol;
(B) shall specify the number, species, and,
if appropriate, age and sex of the animals or
plants to which the permit applies;
(C) shall specify the precautions to be
taken to prevent escape or contact with native
fauna and flora;
(D) shall require that any animals or
plants to which the permit applies, and any
progeny, shall, prior to expiration of the permit,
be removed from Antarctica or disposed of by
incineration or equally effective means that
eliminates risk to native fauna and flora;
(E) shall not permit the importation of
dogs or live poultry or other living birds; and
(F) shall require that precautions be taken
to prevent the release into the environment of
micro-organisms (e.g., viruses, bacteria, para-
sites, yeasts and fungi) not present in native
fauna and flora.
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(6) A permit which authorizes entry into and
engaging in activities within an Antarctic specially
protected area shall—
(A) if a management plan relating to the
area has been approved, be issued only—
(i) to enter and engage in activities
within the specially protected area which
the Director has determined are in accord-
ance with the requirements of the manage-
ment plan relating to that area; and
(ii) if accompanied by the relevant
sections of the management plan;
(B) if a management plan relating to the
area has not been approved, be issued only—
(i) if entry is necessary to accomplish
a compelling scientific purpose which the
Director has determined cannot be served
elsewhere; and
(ii) if the Director has determined
that the actions allowed under the permit
will not jeopardize the natural ecological
system existing in the area; and
(C) specify—
(i) the extent and location of the spe-
cially protected area;
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(ii) the activities authorized;
(iii) the period of time within which
the authorized activities must be con-
ducted, the area in which they must be
conducted, and the person who is author-
ized to conduct them; and
(iv) other conditions imposed by the
management plan, if any.
(7) No permit shall be required for the importa-
tion of food into Antarctic, except that—
(A) no live animals may be imported for
this purpose;
(B) all plants and animal parts shall be
kept under carefully controlled conditions and
disposed of in accordance with the provisions of
this Act; and
(C) before dressed poultry is packaged for
shipment to Antarctica, it shall be inspected for
evidence of disease, such as Newcastle’s disease,
tuberculosis, and yeast infection.
SEC. 6. REGULATIONS.
(a) IN GENERAL.—The Director, the Secretary, the
Administrator, the Secretary of the Department in which
the Coast Guard is operating, and the Secretary of State
shall promulgate, in accordance with this section, such
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regulations as are necessary and appropriate to implement
the provisions of this Act and the Protocol.
(b) REGULATIONS TO BE PROMULGATED BY THE
SECRETARY.—The Secretary shall promulgate such regu-
lations relating to Antarctic mineral resource activity as
the Secretary deems are necessary and appropriate to im-
plement the provisions of this Act and the Protocol.
(c) REGULATIONS TO BE PROMULGATED BY THE DI-
RECTOR.—The Director shall promulgate regulations
which—
(1) designate as native species—
(A) each species of the class Aves;
(B) each species of the class Mammalia;
(C) each species of plant; and
(D) each species of invertebrate;
which is indigenous to Antarctic or which occurs
there seasonably through natural migrations;
(2) specify those actions which must, and those
actions which must not, be taken within Antarctica
in order to protect, in accordance with the applicable
provisions of the Protocol, members of each native
species designated under subsection (c)(1) of this
section;
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or not take, in order to comply with those obliga-
tions; and
(8) 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 this Act.
(d) RESIDUAL REGULATORY AUTHORITY OF THE DI-
RECTOR.—In addition to the specific authorities set forth
in subsection (c) if this section, the Director may promul-
gate such regulations relating to the conservation of Ant-
arctic fauna and flora or area protection in Antarctica as
the Director deems necessary and appropriate to imple-
ment the provisions of the Protocol, including but not lim-
ited to regulations which address a situation not covered
by the annexes to the Protocol or in which a more rigorous
or supplemental requirement is necessary.
(e) REGULATIONS TO BE PROMULGATED BY THE DI-
RECTOR WITH THE CONCURRENCE OF THE ADMINIS-
TRATOR.—The Director, with the concurrence of the Ad-
ministrator, shall promulgate regulations which—
(1) designate as prohibited products—
(A) polychlorinated biphenyls;
(B) non-sterile soil;
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(C) polystyrene beads or chips or similar
forms of packaging;
(D) pesticides (other than those required
for scientific, medical or hygiene purposes); and
(E) substances which the Parties to the
Protocol or Treaty agree should be banned from
use in Antarctica;
(2) designate as prohibited waste—
(A) radioactive materials;
(B) electrical batteries;
(C) liquid and solid fuel;
(D) wastes containing harmful levels of
heavy metals or acutely toxic or harmful per-
sistent compounds;
(E) polyvinyl chloride, polyurethane foam,
polystyrene foam, rubber and lubricating oils,
treated timbers and other products which con-
tain additives that could produce harmful emis-
sions if incinerated;
(F) all other plastic wastes, except low
density polyethylene containers (such as bags
for storing wastes), provided that the capacity
exists to incinerate such containers under para-
graph (5) of this subsection, in which case such
containers shall be incinerated;
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(G) fuel drums and other solid, non-com-
bustible wastes (provided that their removal
would not result in greater adverse environ-
mental impact than leaving them in their exist-
ing locations);
(H) unless incinerated, autoclaved, or oth-
erwise treated to be made sterile—
(i) residues of carcasses of imported
animals;
(ii) laboratory culture of micro-orga-
nisms and plant pathogens;
(iii) medical wastes; and
(iv) introduced avian products; and
(I) the solid residue of incineration;
(3) provide that—
(A) prohibited waste shall be removed from
Antarctica;
(B) sewage domestic liquid waste, and
other liquid waste (other than prohibited waste)
shall, to the maximum extent practicable, be re-
moved from Antarctica;
(C) waste at field camps shall be trans-
ported to supporting stations or vessels for dis-
posal in accordance with this Act; and
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(D) wastes removed from Antarctica shall
be disposed of in accordance with applicable do-
mestic and international law;
(4) provide that sewage, domestic liquid waste,
and other liquid waste (other than prohibited waste)
to the maximum extent practicable are not disposed
of onto sea ice, ice shelves, or the grounded ice-
sheet, provided that such wastes which are generated
by stations located inland on ice shelves or on the
ground ice-sheet may be disposed of in deep ice pits
if such disposal is the only practicable option, as
long as such pits are not located on known ice-flow
lines which terminate at ice-free land areas or in
areas of high ablation;
(5) If the Director determines, in consultation
with the Administrator, through sound waste man-
agement planning, to allow incineration as a means
of waste disposal, provide standards for incineration
which—
(A) to the maximum extent practicable, re-
duce harmful emissions;
(B) take fully into account the provisions
of Article 3 of the Protocol;
(C) are based on the criteria contained in
sections 129(a)(2), 129(a)(4), and 129(c) of the
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Clean Air Act (42 USC 7429(a)(2), (a)(4), and
(c)), taking into account the unique cir-
cumstances of Antarctic logistics, operations,
and the Antarctic environment; and
(D) take into account any emission stand-
ards and equipment guidelines which may be
recommended by the Committee for Environ-
mental Protection and the Scientific Committee
on Antarctic Research.
If it has been determined to use incineration as a
means of waste disposal, the Director, in consulta-
tion with the Administrator, shall review such deter-
mination not later than five years after the initial
promulgation of any incineration standards, and at
five-year intervals thereafter. Such review shall take
into account technological advances in waste disposal
and removal, new information concerning effects on
human health and the environment, and the state of
the Antarctic environment;
(6) provide that all wastes to be removed from
Antarctica, or disposed of in Antarctica, shall be
stored in such a way as to prevent their release into
the environment;
(7) provide, with respect to the United States
Antarctic Program and any other United States
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Government program in Antarctica, in accordance
with Articles 8, 9, and 10 of Annex III to the Proto-
col, for—
(A) the establishment of a waste disposal
classification system;
(B) the preparation, and annual review
and update, of waste management plans, taking
into account Article 1(3) of Annex III to the
Protocol; and
(C) other waste management activities of
such programs; and
(8) provide that past and present waste disposal
sites on land and abandoned work sites of Antarctic
activities shall be cleaned up by the generator of
such wastes and the user of such sites, provided
that—
(A) such regulations shall not require the
removal of any structure designated as a his-
toric site or monument, or the removal of any
structure or waste material in circumstances
where the removal by any practical option
would result in greater adverse environmental
impact than leaving the structure or waste ma-
terial in its existing location; and
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(B) such regulations shall take into ac-
count considerations of practicality, and of the
safety of human life.
(f) RESIDUAL REGULATORY AUTHORITY OF THE DI-
RECTOR WITH THE CONCURRENCE OF THE ADMINIS-
TRATOR.—In addition to the specific authorities set forth
in subsection (e) of this section, the Director, with the con-
currence of the Administrator, may—
(1) promulgate such regulations relating to
waste disposal and waste management in Antarctica
as the Director deems necessary and appropriate to
implement the provisions of the Protocol, including
but not limited to regulations which address a situa-
tion not covered by the annexes to the Protocol or
in which a more rigorous or supplemental require-
ment is necessary; and
(2) designate additional items as prohibited
products or prohibited waste under subsection (e)(1)
and (e)(2) of this section, when the Director deter-
mines that such designation is necessary and appro-
priate to protect human health or the Antarctic envi-
ronment.
(g) REGULATIONS TO BE PROMULGATED BY THE
SECRETARY OF STATE.—The Secretary of State shall pro-
mulgate such regulations as are necessary and appropriate
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(B) provide to the person making the re-
quest a written response that (i) states the im-
plementing agency’s decision not to take en-
forcement action against the alleged violator
and (ii) describes any other action the imple-
menting agency has taken or intends to take in
connection with the alleged violation.
The response of the implementing agency under
paragraph (3)(B) of this subsection shall not be sub-
ject to judicial review.
(4) In any action under this subsection, the im-
plementing agency, if not a party, may intervene as
a matter of right at any time in the proceeding. A
judgment in an action under this subsection to
which the United States is not a party shall not,
however, have any binding effect upon the United
States.
(5) Whenever any action is brought under this
subsection, the plaintiff shall serve a copy of the
complaint on the Attorney General of the United
States and on the implementing agency. No consent
judgment shall be entered in an action brought
under this subsection in which the United States is
not a party prior to forty-five days following the re-
ceipt of a copy of the proposed consent judgment by