[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR670.3]



[Page 213-214]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 670_CONSERVATION OF ANTARCTIC ANIMALS AND PLANTS--Table of Contents

 

                         Subpart A_Introduction

 

Sec. 670.3  Definitions.



    In this part:

    Act means the Antarctic Conservation Act of 1978, Public Law 95-541 

(16 U.S.C. 2401 et seq.) as amended by the Antarctic Science, Tourism, 

and Conservation Act of 1996, Public Law 104-227.

    Antarctic Specially Protected Area means an area designated by the 

Antarctic Treaty Parties to protect outstanding environmental, 

scientific, historic, aesthetic, or wilderness values or to protect 

ongoing or planned scientific research, designated in subpart F of this 

part.

    Antarctica means the area south of 60 degrees south latitude.

    Director means the Director of the National Science Foundation, or 

an officer or employee of the Foundation designated by the Director.

    Harmful interference means--

    (a) Flying or landing helicopters or other aircraft in a manner that 

disturbs concentrations 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 significant adverse 

modification of habitats of any species or population of native mammal, 

native bird, native plant, or native invertebrate.

    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.

    Management plan means a plan to manage the activities and protect 

the special value or values in an Antarctic Specially Protected Area 

designated by the United States as such a site consistent with plans 

adopted by the Antarctic Treaty Consultative Parties.

    Native bird means any member, at any stage of its life cycle, of any 

species of the class Aves which is indigenous to Antarctica or occurs 

there seasonally through natural migrations, that is designated in 

subpart D of this part. It includes any part, product, egg, or offspring 

of or the dead body or parts thereof excluding fossils.

    Native invertebrate means any terrestrial or freshwater 

invertebrate, at any stage of its life cycle, which is indigenous to 

Antarctica. It includes any part thereof, but excludes fossils.

    Native mammal means any member, at any stage of its life cycle, of 

any species of the class Mammalia, which is indigenous to Antarctica or 

occurs there seasonally through natural migrations, that is designated 

in subpart D of this part. It includes any part, product, offspring of 

or the dead body or parts thereof but excludes fossils.

    Native plant means any terrestrial or freshwater vegetation, 

including bryophytes, lichens, fungi, and algae, at any stage of its 

life cycle which is indigenous to Antarctica that is designated in 

subpart D of this part. It includes seeds and other propagules, or parts 

of such vegetation, but excludes fossils.

    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.

    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 to which the United States is a 

Party.



[[Page 214]]



    Specially Protected Species means any native species designated as a 

Specially Protected Species that is designated in subpart E of this 

part.

    Take or taking means to kill, injure, capture, 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 or to attempt to engage in such conduct.

    Treaty means the Antarctic Treaty signed in Washington, DC on 

December 1, 1959.

    United States means the several states of the Union, the District of 

Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin 

Islands, Guam, the Commonwealth of the Northern Mariana Islands, and 

other commonwealth, territory, or possession of the United States.