Document ID: chunk:federal_register_of_legislation:C2010A00023:clause:1_32:p2
Version: federal_register_of_legislation:C2010A00023
Segment Type: clause
Provision Reference: sch 1 cl 32 (pt 2/5)
Character Range: 17858–20730

Annex 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 environment.
 2. Notice of activities undertaken in cases of emergency that result in any taking or harmful interference shall be circulated immediately to all Parties and to the Committee.

ARTICLE 3

PROTECTION OF NATIVE FAUNA AND FLORA
 1. Taking or harmful interference shall be prohibited, except in accordance with a permit.
 2. Such permits shall specify the authorised activity, including when, where and by whom it is to be conducted and shall be issued only in the following circumstances:
 (a) to provide specimens for scientific study or scientific information;
 (b) to provide specimens for museums, herbaria and botanical gardens, or other educational institutions or uses;
 (c) to provide specimens for zoological gardens but, in respect of native mammals or birds, only if such specimens cannot be obtained from existing captive collections elsewhere, or if there is a compelling conservation requirement; and
 (d) to provide for unavoidable consequences of scientific activities not otherwise authorised under sub‑paragraphs (a), (b) or (c) above, or of the construction and operation of scientific support facilities.
 3. The issue of such permits shall be limited so as to ensure that:
 (a) no more native mammals, birds, plants or invertebrates are taken than are strictly necessary to meet the purposes set forth in paragraph 2 above;
 (b) only small numbers of native mammals or birds are killed, and in no case more are killed from local populations than can, in combination with other permitted takings, normally be replaced by natural reproduction in the following season; and
 (c) the diversity of species, as well as the habitats essential to their existence, and the balance of the ecological systems existing within the Antarctic Treaty area are maintained.
 4. Any species of native mammals, birds, plants and invertebrates listed in Appendix A to this Annex shall be designated "Specially Protected Species", and shall be accorded special protection by the Parties.
 5. Designation of a species as a Specially Protected Species shall be undertaken according to agreed procedures and criteria adopted by the ATCM.
 6. The Committee shall review and provide advice on the criteria for proposing native mammals, birds, plants or invertebrates for designation as a Specially Protected Species.
 7. Any Party, the Committee, the Scientific Committee on Antarctic Research or the Commission for the Conservation of Antarctic Marine Living Resources may propose a species for designation as a Specially Protected Species by submitting a proposal with justification to the ATCM.
 8. A permit shall not be issued to take a Specially Protected Species unless the taking:
 (a) is