An Act to implement the Agreed Measures for the Conservation of Antarctic Fauna and Flora, and for other purposes.
PL 95-541 (H.R.7749), enacted 10/28/1978

92 STAT. 2048 
PUBLIC LAW 95-541—OCT. 28, 1978 
Public Law 95-541 
95th Congress 
An Act 
Oct. 28, 1978 
r
p
Q implement the Agreed Measures for the Conservation of Antarctic Fauna and 
[H.R. 7749] 
Flora, and for other purposes. 
Be it enacted hy the Senate and House of Refresentatives 
of the 
Antarctic 
United States of America in Congress assembled^ That this Act may be 
Conservation Act cited as the "Antarctic Conservation Act of 1978". 
16^USC 2401 
S^^- 2- FINDINGS AND PURPOSE. 
note. 
(a) FINDINGS.—The Congress finds that— 
16 use 2401. 
(1) the Antarctic Treaty and the Agreed Measures for the Con-
12 UST 794. 
servation of Antarctic Fauna and Flora, adopted at the Third 
17 UST 991. 
Antarctic Treaty Consultative Meeting, have established a firm 
foundation for the continuation of international cooperation and 
the freedom of scientific investigation in Antarctica; and, 
(2) the study of Antarctic fauna and flora, their adaptation to 
their rigorous environment, and their interrelationships with that 
environment has special scientific importance for all mankind, 
(b) PURPOSE.—The purpose of this Act is to provide for the conser-
vation and protection of the fauna and flora of Antarctica, and of the 
ecosystem upon which such fauna and flora depend, consistent with 
the Antarctic Treaty, the Agreed Measures for the Conservation of 
Antarctic Fauna and Flora, and Recommendation VII-3 of the 
Eighth Antarctic Treaty Consultative Meeting. 
16 use 2402. 
SEC. 3. DEFINITIONS. 
For purposes of this Act— 
(1) The term "Agreed Measures" means the Agreed, Measures 
for the Conservation of Antarctic Fauna and Flora— 
(A) as recommended to the Consultative Parties for 
approval at the Third Antarctic Treaty Consultative Meet-
ing; and 
(B) as amended from time to time in accordance with 
Article IX (1) of the Treaty. 
(2) The term "Antarctica" means the area south of 60 degrees 
south latitude. 
(3) The term "collect" means to cut, sever, or move, or to 
attempt to engage in any such conduct. 
(4) The term "Director" means the Director of the National 
Science Foundation or an officer or employee of the Foundation 
designated by the Director. 
(5) The term "foreign person" means— 
(A) any individual who is a citizen or national of a foreign 
nation, 
(B) any corporation, partnership, trust, association, or 
other legal entity existing or organized under the laws of any 
foreign nation, and 
(C) any department, agency, or other instrumentality of 
any foreign nation and any officer, employee, or agent of any 
such instrumentality. 
(6) The term "native bird" means any member, at any stage 
of its life cycle (including eggs), of any species of the class Aves 
PUBLIC LAW 95-541—OCT. 28, 1978 
92 STAT. 2049 
which is designated as a native species by the Director under sec-
tion 6(b) (1), and includes any part of any such member. 
(7) The term "native mammal" means any member, at any 
stage of its life cycle, of any species of the class Mammalia, other 
than any species regulated by the International Whaling Com-
mission, which is designated as a native species by the Director 
under section 6(b) (1), and includes any part of such member. 
(8) The term "native plant" means any member of any species 
of plant at any stage of its life cycle (including seeds) which is 
designated as such by the Director under section 6(b)(1), and 
includes any part of any such member. 
(9) The term "pollutant" means any substance designated as 
such by the Director under section 6 (b) (6). 
(10) The term "site of special scientific interest" means any area 
designated as such by the Director under section 6(b)(3). 
(11) The term "specially protected area" means any area desig-
nated as such by the Director under section 6(b)(4). 
(12) The term "specially protected species" means any species 
of native mammal or native bird designated as such by the 
Director under section 6(b) (5). 
(13) The term "take" means to harass, molest, harm, pursue, 
hunt, shoot, wound, kill, trap, or capture, or to attempt to engage 
in any such conduct. 
(14) The term "Treaty" means the Antarctic Treaty signed in 12 UST 794. 
Washington, D.C.. on December 1,1959, 
(15) The term "United States" means the several States of the 
Union, the District of Columbia, the Commonwealth of Puerto 
Rico, American Samoa, the Virgin Islands, Guam, and the Trust 
„ 
Territory of the Pacific Islands, including the Government of the 
Northern Mariana Islands. 
(16) The term "United States citizen" means— 
(A) any individual who is a citizen or national of the 
United States; 
(B) any corporation, partnership, trust, association, or 
other legal entity existing or organized under the laws of any 
of the United States; and 
(C) any department, agency, or other instrumentality of 
the Federal Government or of any State, and any officer, 
employee, or agent of any such instrumentality. 
SEC. 4. PROHIBITED ACTS. 
16 USC 2403. 
(a) I N GENERAL.—It is unlawful— 
(1) foir any United States citizen, unless authorized by regula-
tion prescribed under this Act or a permit issued under section 5— 
(A) to take within Antarctica any native mammal or native 
bird, 
(B) to collect within any specially protected area any 
native plant, 
(C) to introduce into Antarctica any animal or plant that 
is not indigenous to Antarctica, 
(D) to enter any specially protected area or site of special 
scientific interest, or 
(E) to discharge, or otherwise to dispose of, any pollutant 
within Antarctica; 
(2) for any United States citizen wherever located, or any 
foreign person while within the United States, unless authorized 
by regulation prescribed under this Act or a permit issued under 
section 5— 
39-194 O—80—pt. 2 
49 : QL3 
92 STAT. 2050 
PUBLIC LAW 95-541—OCT. 28, 1978 
16 use 2404. 
Regulation. 
Publication in 
Federal Register. 
(A) to possess, sell, offer for sale, deliver, receive, carry, 
transport, or ship by any means whatsoever, or 
(B) to import into the United States, to export from the 
United States, or to attempt to so import or export, 
any native mammal or native bird taken in Antarctica or any 
native plant collected in any specially protected area; 
(3) for any United States citizen wherever located, or any 
foreign person while within the United States, to violate any reg-
ulation prescribed under this Act; or 
(4) for any pei-son, whether or not a United States citizen, 
to violate any term or condition of any permit issued under 
section 5. 
No act described in paragraphs (1) through (4) sihall be unlawful if 
committed, under emergency circumstances, to prevent the loss of 
human life. 
(b) EXCEPTION.—Subsection (a) shall not apply to— 
(1) any native mammal, native bird, or native plant which 
is held in captivity on the date of the enactment of this Act; or 
(2) any offspring of any such mammal, bird, or plant. 
"With respect to any act prohibited by subsection (a) which occurs 
after the 180th day after such date of enactment, there shall be a 
rebuttable presumption that the native mammal, native bird, or native 
plant involved in such act was not held in captivity on such date or 
was not an offspring referred to in paragraph (2). 
SEC. 5. PERMITS. 
(a) I N GENERAL.—The Director may issue permits which authorize 
acts otherwise prohibited by section 4(a). 
(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. 
(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 invite the submission by interested parties, within 30 days 
after the date of publication of the notice, of written data, comments, 
or views with respect to the application. Information received by the 
Director as a part of any application shall be available to the public 
as a mater of public record. 
(c) ACTION BY APPROPRIATE SECRETARIES ON CERTAIN PERMIT APPLI-
CATIONS.— (1) If the Director receives an application for a permit 
under this section requesting authority to undertake any action with 
respect to— 
(A) any native mammal which is a marine mammal within the 
meaning of section 3(5) of the Marine Mammal Protection Act 
ofl972 (16 U.S.C. 1362(5)); 
(B) any native mammal, native bird, or native plant which is 
an endangered species or threatened species under the Endan-
gered Special Act of 1973 (16 U.S.C. 1531 et seq.); or 
(C) any native bird which is protected under the Migratory 
Bird Treaty Act (16 U.S.C. 701 et seq.); 
the Director shall submit a copy of the application to the Secretary of 
Commerce or to the Secretary of the Interior, as appropriate (herein-
after in this subsection referred to respectively as the "appropriate 
Secretary"). 
(2) After receiving a copy of any application from the Director 
under paragraph (1) the appropriate Secretary shall promptly 
•i><>i-« 
PUBLIC LAW 95-541—OCT. 28, 1978 
92 STAT. 2051 
determine, and notify the Director, whether or not any action pro-
posed in the application also requires a permit or other authorization 
under any law administered by the appropriate Secretary. 
(3) If the appropriate Secretary notifies the Director that any 
action proposed in the application requires a permit or other authori-
zation under any law administered by the appropriate Secretary, the 
Director may not issue a permit under this section with respect to 
such action unless such other required permit or authorization is 
issued by the appropriate 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 mammal, native bird, or native plant shall not be deemed 
to entitle the applicant concerned to the issuance by the Director of a 
permit under this section. 
(d) ISSUANCE OF PERMITS.—As soon as practicable after receiving 
any application for a permit under this section, or, in the case of any 
application to which subsection (c) 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 
10 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 Register. 
(e) TERMS AND CONDITIONS or PERMITS.— (1) Each permit issued 
under this section shall— 
(A) if applicable, specify— 
(i) the number and species of native mammals, native 
birds, or native plants to which the permit applies, 
(ii) if any such mammal or bird is authorized to be taken, 
transported, carried, or shipped, the manner (which manner 
must be determined by the Director to be humane) in which 
such action must be accomplished and the area in which such 
taking must occur, and 
(iii) if any such plant is authorized to be collected, the 
location and manner in which it must be collected ; 
(B) the period during which the permit is valid; and 
(C) such other terms and conditions as the Director deems 
necessary and appropriate to ensure that any act authorized under 
the permit is carried out in a manner consistent with the purpose 
of this Act, the criteria set forth in paragraph (2), if applicable, 
and the regulations prescribed under this Act. 
(2) The terms and conditions imposed by the Director in any permit Criteria 
issued under this section that authorizes any of the following acts shall 
be consistent with the following criteria: 
(A) Permits authorizing the taking within Antarctica (other 
than within any specially protected area) of any native mammal 
or native bird (other than a specially protected species of any 
such mammal or bird)— 
(i) may be issued only for the purpose of providing— 
(I) specimens for scientific study or scientific infor-
mation, or 
(II) specimens for museums, zoological gardens, or 
other educational or cultural institutions or uses; and 
(ii) shall ensure, as faras possible, that— 
(I) no more native mammals and native birds are 
taken in any year than can normally be replaced by net 
natural reproduction in the following breeding season, 
and 
Publication in 
Federal Register. 
92 STAT. 2052 
PUBLIC LAW 95-541—OCT. 28, 1978 
(II) the variety of species and the balance of the nat-
ural ecological systems with Antarctica and main-
tained. 
(B) Permits authorizing the taking of specially protected spe-
cies may be issued only if— 
(i) there is a compelling scientific purpose for such taking; 
and 
(ii) the actions allowed under any such permit will not 
jeopardize any existing natural ecological system, or the 
survival, of such species. 
(C) Permits authorizing the entry into any specially protected 
area— 
(i) may be issued only if— 
(I) there is a compelling scientific purpose for such 
entry which cannot be served elsewhere, and 
(II) the actions allowed under any such permit will not 
jeopardize the natural ecological system existing in such 
area; and 
(ii) shall not allow the operation of any surface vehicle 
within such area. 
(D) Permits authorizing the entry into any site of special 
scientific interest shall be consistent with the management plan 
prescribed under section 6(b) (3) for such site. 
(e) JUDICIAL REVIEW.—Any applicant for a permit may obtain 
judicial review of the terms and conditions of any permit issued by 
the Director under this section or of the refusal of the Director to 
issue such a permit. Such review, which shall be pursuant to chapter 
5 use 701 et seq. 7 of title 5, United States Code, may be initiated by filing a petition 
for review in the United States district court for the district wherein 
the applicant for a permit resides, or has his principal place of busi-
ness, or in the United States District Court for the District of Colum-
bia, within 60 days after the date on which such pei-mit is issued or 
denied. 
(f)(1) MODIFICATION, SUSPENSION, AND REVOCATION.—The Direc-
tor may modify, suspend, or revoke, in whole or part, any permit issued 
under this section— 
(A) in order to make the permit consistent with any change 
made after the date of issuance of the permit, to any regulation 
prescribed under section 6; 
(B) if there is any change in conditions which makes the per-
mit inconsistent with the purpose of this Act; or 
(C) in any case in which there has been any violation of any 
term or condition of the permit, any regulation prescribed under 
this Act, or any provision of this Act. 
(2) Whenever the Director proposes any modification, suspension, or 
revocation of a permit under this subsection, the permittee shall be 
afforded opportunity, after due notice, for a hearing by the Director 
with respect to such proposed modification, suspension, or revocation. 
If a hearing is requested, the action proposed by the Director shall not 
take effect before a decision is issued by him after the hearing, unless 
the proposed action is taken by the Director to meet an emergency 
situation. Any action taken by the Director after such a hearing is 
subject to juciicial review on the same basis as is provided for with 
respect to permit applications under subsection (e). 
Notice, 
(3) Notice of the modification, suspension, or revocation of any 
publication in 
permit by the Director shall be published in the Federal Register 
Federal Register, ^jthin 10 days from the date of the Director's decision. 
PUBLIC LAW 95-541—OCT. 28, 1978 
92 STAT. 2053 
(g) PERMIT FEES.—The Director may establish and charge fees for 
processing applications for permits under this section. The amount of 
such fees shall be commensurate with the administrative costs incurred 
by the Director in undertaking such processing. 
SEC. 6. REGULATIONS. 
16 USC 2405. 
(a) I N GENERAL.—The Director, after consultation with the Secre- Consultation, 
tary of State and other appropriate Federal officials, shall prescribe 
such regulations as are necessary and appropriate to implement the 
provisions of this Act. 
(b) SPECIFIC REGULATIONS.—The regulations required to be pre-
scribed under subsection (a) shall include, but shall not be limited to, 
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 Antarctica through 
natural agencies of dispersal; 
(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 Agreed Measures, 17 UST 991. 
members of each native species designated under paragraph (1) ; 
(3) identify, as a site or special scientific interest, each area 
approved by the United States in accordance with Recommenda-
tion VHI-3 of the Eighth Antarctic Treaty Consultative Meet-
ing as having unique value for scientific investigation and needing 
protection from interference, and prescribe a management plan 
for such site which is consistent with any management plan 
approved by the United States for such site in accordance with 
such Recommendation; 
(4) identify, as a specially protected area, each area designated 
for special protection under the Agreed Measures because of its 
outstanding scientific or ecological interest; 
(5) designate, as a specially protected species, any native spe-
cies of mammal or bird which is approved by the United States 
for special protection under the Agreed Measures; 
(6) designate as a pollutant any substance which the Director 
finds liable, if the substance is introduced into Antarctica, to 
create hazards to human health, to harm living resources or 
marine life, to damage amenities, or to interfere Avith other legiti-
mate uses of Antarctica; 
(7) specify those actions which must, and those actions which 
must not, be taken in order to prevent or control the discharge or 
other disposal of pollutants, from any source within Antarctica ; 
(8) designate those animals and plants, not indigenous to Ant-
arctica, which either may, or may not, be introduced into Antarc-
tica, and specify those control measures which must be observed 
with respect to any such animals or plants which are allowed 
to be so introduced; 
(9i) specify the emergency circumstances with respect to which 
the exclusion set forth in the last sentence of section 4(a) applies; 
and 
(10) set forth the form, content, and manner of filing, if appli-
cable, of all notices, reports, declarations, or other documentation 
which may be required incident to the carrying out of any act 
for which a permit is required under section 5. 
92 STAT. 2054 
PUBLIC LAW 95-541—OCT. 28, 1978 
Regulations. 
SEC. 7. NOTIFICATION OF TRAVEL TO ANTARCTICA. 
16 use 2406. 
'pj^g Secretary of State shall prescribe such regulations as may be 
necessary and appropriate to implement, with respect to United States 
12 UST 794. 
citizens, paragraph 5 of Article V I I of the Treaty pertaining to the 
filing of advance notifications of expeditions to, and within, Antarctica. 
"United States 
For purposes of this section, the term "United States citizen" shall 
citizen." 
include any foreign person who organizes within the United States 
any expedition which will proceed to Antarctica from the United 
States. 
16 use 2407. 
SEC. 8. CIVIL PENALTIES. 
(a) ASSESSMENT or PENALTIES.—Any person who is found by the 
Director, after notice and opportunity for a hearing in accordance 
with subsection (b), to have committed any act prohibited by section 
4(a) or to have violated any regulation prescribed imder section 7 
shall be liable to the United States for a civil penalty. The amount of 
the civil penalty shall not exceed $5,000 for each violation unless the 
prohibited act was knowingly committed, in which case the amount 
of the civil penalty shall not exceed $10,000 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 Director by written 
i > < 
notice. Any civil penalty assessed under this subsection may be remitted 
or mitigated by the Director. 
(b) HEARINGS.—Hearings for the assessment of civil penalties under 
subsection (a) shall be conducted in accordance with section 554 of 
title 5, United States Code. For the purposes of conducting any such 
hearing, the Director may issue subpenas for the attendance and testi-
mony of witnesses and the production of relevant papers, books, and 
documents, and may administer oaths. Witnesses summoned shall be 
paid the same fees and mileage that are paid to witnesses in the courts 
of the United States. In case of contumacy or refusal to obey a subpena 
served upon any person pursuant to this subsection, the district court 
of the United States for any district in which such person is found, 
resides, or transacts business, upon application bv the United States 
and after notice to such person, shall have jurisdiction to issue an order 
requiring such person to appear and give testimony before the Director 
or to appear and produce documents before the Director, or both, and 
any failure to obey such order of the court may be punished by such 
court as a contempt thereof. 
(c) KEVIEW.—Upon the failure of any person against whom a civil 
penalty is assessed under subsection (a) to pay such penalty, the Direc-
tor may request the Attorney General to institute a civil action in a dis-
trict court of the United States for any district in which such person 
is found, resides, or transacts business to collect the penalty and sudh 
court shall have jurisdiction to hear and decide any such action. The 
court shall hear such action on the record made before the Director and 
shall sustain the decision of the Director if it is supported by substan-
tial evidence on the record considered as a whole. 
(d) PENALTIES UNDER OTHER LAWS.—The assessment of a civil pen-
alty under subsection (a) for any act shall not be deemed to preclude 
the assessment of a civil penalty for such act under any other law, 
including, but not limited to, the Marine Mammal Protection Act of 
16 use 1361 
1972, the Endangered Species Act of 197S, and the Migratory Bird 
note, 1531 note. 
Treaty Act. 
16 use 710. 
•^ 
16 use 2408. 
SEC. 9. CRIMINAL OFFENSES. 
(a) OFFENSES.—A person is guilty of an offense if he willfully com-
mits any act prohibited by section 4 (a). 
PUBLIC LAW 95-541—OCT. 28, 1978 
92 STAT. 2055 
(b) PUNISHMENT.—Any offense described in subsection (a) is pun-
ishable by a fine of $10,000, or imprisonment for not more than one 
year, or both. 
(c) OFFENSES UNDER OTHER LAWS.—A conviction under subsection 
(a) lor any act shall not be deemed to preclude a conviction for such 
act under any other law, including, but not limited to, the Marine Mam-
mal Protection Act of 1972, the Endangered Species Act of 1973, and 16 USC 1361 
the Migratory Bird Treaty Act. 
°°*^'1!^ °^*'" 
^ 
-^ 
J 
16 use 710. 
SEC. 10. ENFORCEMENT. 
16 USC 2409. 
(a) KESPONSIBILITY.—The provisions of this Act and of any regula-
tion prescribed, or permit issued, under this Act shall be enforced by 
the Director, the Secretary of the Treasury, the Secretary of Commerce, 
the Secretary of Interior, and the Secretary of the department in which 
the Coast Guard is operating. The Director and sudh Secretaries may Cooperation, 
utilize by agreement, on a reimbursable basis or otherwise, the person-
nel, services, and facilities of any other Federal agency or any State 
agency in the performance of such duties. 
(b) POWERS or AUTHORIZED OFFICERS.—Any officer who is author-
ized (by the Director, the Secretary of the Treasury, the Secretary of 
Commerce, the Secretary of the Interior, the Secretarj'^ of the depart-
ment in which the Coast Guard is operating, or the head of any Fed-
eral or State agency which has entered into an agreement with the 
Director or any such Secretary under subsection (a)) to enforce the 
provisions of this Act and of any regulation or permit issued under 
this Act may— 
(1) secure, execute, and serve any order, warrant, subpena, or 
other process, which is issued under the authority of the United 
States; 
(2) sea^rch without warrant any person, place, or conveyance 
where there is reasonable grounds to believe that a person has com-
mitted or is attempting to commit an act prohibited by section 
*(«'); 
. 
. 
.
.
. 
. 
(3) seize without warrant any evidentiary item where there is 
reasonable grounds to believe that a person has committed or is 
attempting to commit any such act; 
(4) offer and pay rewards for services or information which 
may lead to the apprehension of violators of such provisions; 
(5) make inquiries, and administer to, or take from, any person 
an oath, affirmation, or affidavit, concerning any matter which is 
related to the enforcement of such provisions; 
i f df 
(6) detain for inspection and inspect any package, crate, or 
other container, including its contents, and all accompanying 
documents, upon importation into, or exportation from, the 
United States; and 
(7) make an arrest with or without a warrant with respect to 
? ,.= 
any act prohibited by section 4(a) if such officer has reasonable 
grounds to believe that the person to be arrested is committing 
such act in his presence or view, or has committed such act. 
(c) SEIZURE.—Any property or item seized pursuant to subsection 
(b) shall be held by any person authorized by the Director, the Secre-
tary of the Treasury, the Secretary of Commerce, the Secretary of the 
^
^ * 
Interior, or the Secretary of the department in which the Coast Guard 
is operating pending the disposition of civil or criminal proceedings, 
or the institution of an action in rem for forfeiture of such property 
or item; except that such authorized person may, in lieu of holding such 
property or item, permit the owner or consignee thereof to post a bond 
or other satisfactory surety. 
92 STAT. 2056 
PUBLIC LAW 95-541—OCT. 28, 1978 
Property 
disposal, 
regulation. 
Regulations. 
16 use 2410. 
16 use 2411. 
16 use 2412. 
(d) FORFEITURE.— (1) Any animal or plant with respect to which 
an act prohibited by section 4(a) is committed shall be subject tO' for-
feiture to the United States. 
(2) All givns, traps, nets, and other equipment, vessels, vehicles, air-
craft, and other means of transportation used in the commission of 
any act prohibited by section 4(a) shall be subject to forfeiture to the 
United States. 
(3) Upon the forfeitiire to the United States of any property or 
item described in paragraph (1) or (2), or upon the abandonment or 
waiver of any claim to any such property or item, it shall be disposed 
of by the Director, the Secretary of the Treasury, the Secretary of 
Commerce, the Secretary of the Interior, or the Secretary of the 
department in which the Coast Guard is operating, as the case may be, 
in such a manner, consistent with the purposes of the Act, as may be 
prescribed by regulation; except that no native mammal, native bird, 
or native plant may be disposed of by sale to the public. 
(e) APPLICATION OF CUSTOMS LAWS.^—All provisions of law relating 
to the seizure, forfeiture, and condemnation of a vessel for violation 
of the customs laws, the disposition of such vessel or the proceeds from 
the sale thereof, and the remission or mitigation of such forfeiture, 
shall apply to the seizures and forfeitures incurred, or alleged to have 
been incurred, under the provision of this Act, insofar as such provi-
sions of law are applicable and not inconsistent with the provisions of 
this Act; except that all powers, rights, and duties conferred or 
imposed by the customs laws upon any officer or employee of the Cus-
toms Service may, for the purposes of this Act, also be exercised or 
performed by the Director, the Secretary of Commerce, the Secretary 
of the Interior, or the Secretary of the department in which the Coast 
Guard is operating, or by such persons as each may designate. 
(f) REGULATIONS.—The Director, the Secretary of the Treasurv, the 
Secretary of Commerce, the Secretary of the Interior, and the Secre-
tary of the department in which the Coast Guard is operating may 
prescribe such regulations as may be appropriate to enforce the pro-
visions of this Act and of any regulation prescribed or permit issued 
under this Act, and charge reasonable fees for the expenses of the 
United States incurred in carrying out inspections and in transferring, 
boarding, handling, or storing native mammals, native bird^, native 
plants, animals and plants not indigenous to Antarctica, and other 
evidentiary items seized or forfeited under this Act. 
SEC. 11. JURISDICTION OF COURTS. 
The district courts of the United States shall have exclusive juris-
diction over any case or controversy arising under the provisions of 
this Act or of any regulation prescribed, or permit issued, under this 
Act. 
SEC. 12. FEDERAL AGENCY COOPERATION. 
Each Federal department or agency whose activities affect Antarc-
tica shall utilize, to the maximum extent practicable, its authorities in 
furtherance of the purposes of this Act, and shall cooperate with the 
Director in carrying out the purposes of this Act. 
SEC. 13. RELATIONSHIP TO EXISTING TREATIES. 
Nothing in this Act shall be construed as contravening or supersed-
ing the provisions of any international treaty, convention, or agree-
ment, if such treaty, convention, or agreement is in force with respect 
to the United States on the date of the enactment of this Act, or of 
any statute which implements any such treaty, convention, or 
agreement. 
PUBLIC LAW 95-541—OCT. 28, 1978 
92 STAT. 2057 
SEC 14. 
(a) The first section of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1971) is amended by adding at the end thereof the following 
new sentence: "Notwithstanding any other law, the docmnentation or 
certification of any such vessel shall not be considered to be affected, 
for the purposes of this Act, in any manner or to any extent if at any 
time during any voyage for the purpose of fishing beyond the fishery 
conservation zone (as defined in section 3(8) of the Fishery Conserva-
tion and Management Act of 1976 (16 U.S.C. 1802(8)), the vessel is 
commanded by other than a citizen of the United States.". 
(b) The amendment made by subsection (a) shall take effect Janu- Effective date, 
ary 1,1978. 
22 USC 1971 
note. 
Approved October 28, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT 
No. 95-1031, Parts I and II (Comm. on Merchant Marine and 
Fisheries, and Comm. on Science and Technology). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Sept. 25, considered and passed House. 
Oct. 13, considered and passed Senate, amended. 
Oct. 14, House concurred in Senate amendment.