Antarctic Conservation Act (16 USC 2403)

§ 2403

TITLE 16—CONSERVATION

arctica 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 Protocol;
(20) the term ‘‘take’’ 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;
(21) the term ‘‘Treaty’’ means the Antarctic
Treaty signed in Washington, DC, on December 1, 1959;
(22) 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,
the Commonwealth 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 jurisdiction of the United States’’
as those terms are defined in section 2432 of
this title.
(Pub. L. 95–541, § 3, Oct. 28, 1978, 92 Stat. 2048;
Pub. L. 104–227, title I, § 102, Oct. 2, 1996, 110 Stat.
3035.)
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–227 reenacted section catchline
without change and amended text generally. Prior to
amendment, text defined ‘‘Agreed Measures’’, ‘‘Antarctica’’, ‘‘collect’’, ‘‘Director’’, ‘‘foreign person’’, ‘‘native
bird’’, ‘‘native mammal’’, ‘‘native plant’’, ‘‘pollutant’’,
‘‘site of special scientific interest’’, ‘‘specially protected area’’, ‘‘specially protected species’’, ‘‘take’’,
‘‘Treaty’’, ‘‘United States’’, and ‘‘United States citizen’’.
Executive Documents
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see
Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.

§ 2403. 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 Antarctica;

Page 2136

(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 promotes a nongovernmental expedition to Antarctica, and who does business in the United
States, to fail to notify all members of the expedition of the environmental protection obligations of this chapter, 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 officer or employee of the United States to
board a vessel, vehicle, or aircraft of the
United States, or subject to the jurisdiction of
the United States, for the purpose of conducting any search or inspection in connection
with the enforcement of this chapter or any
regulation promulgated or permit issued under
this chapter;
(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 chapter, or any term or condition of any
permit issued to that person under this chapter; or
(13) to attempt to commit or cause to be
committed 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 chapter—
(1) to dispose of any waste in Antarctica (except as otherwise authorized by the Act to
Prevent Pollution from Ships [33 U.S.C. 1901 et
seq.]) 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
incinerator 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 interference 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

Page 2137

TITLE 16—CONSERVATION

the person knows, or in the exercise of due
care should have known, was taken in violation of this chapter.
(c) Exception for emergencies
No act described 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 environment.
(Pub. L. 95–541, § 4, Oct. 28, 1978, 92 Stat. 2049;
Pub. L. 104–227, title I, § 103, Oct. 2, 1996, 110 Stat.
3036.)
Editorial Notes
REFERENCES IN TEXT
The Act to Prevent Pollution from Ships, referred to
in subsecs. (a)(5) and (b)(1), is Pub. L. 96–478, Oct. 21,
1980, 94 Stat. 2297, as amended, which is classified principally to chapter 33 (§ 1901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification
of this Act to the Code, see Short Title note set out
under section 1901 of Title 33 and Tables.
AMENDMENTS
1996—Pub. L. 104–227 reenacted section catchline
without change and amended text generally. Prior to
amendment, text consisted of subsec. (a) ‘‘In General’’,
which set forth unlawful acts in pars. (1) to (4) and provided that such acts would not be unlawful if committed under emergency circumstances to prevent the
loss of human life, and subsec. (b) ‘‘Exception’’, which
provided that subsec. (a) would not apply with respect
to any native mammal, native bird, or native plant
held in captivity or to any offspring of such mammal,
bird, or plant.

§ 2403a. 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 National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) to proposals for Federal agency activities in Antarctica, 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 dependent 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 transitory impact’’.
(2)(A) Unless an agency which proposes to conduct a Federal activity in Antarctica determines that the activity 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 accordance with Article 2
of Annex I to the Protocol.
(B) If the agency determines, through the
preparation of the initial environmental evalua-

§ 2403a

tion, that the proposed Federal activity is likely
to have no more than a minor or transitory impact, the activity may proceed if appropriate
procedures are put in place to assess and verify
the impact of the activity.
(C) If the agency determines, through the
preparation 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 prepare and circulate a comprehensive environmental evaluation in accordance with Article 3 of Annex I to
the Protocol, 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 comprehensive environmental evaluation as well as other considerations which the agency, in the exercise of its
discretion, considers relevant.
(4) For the purposes of this section, the term
‘‘Federal activity’’ includes all activities conducted under a Federal 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 cooperation with one or more foreign governments. Such term shall be defined in regulations
promulgated by such agencies 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 subsection (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 assessments of impacts of Antarctic joint
activities, shall not be subject to judicial review.
(c) Nongovernmental activities
(1) The Administrator shall, within 2 years
after October 2, 1996, promulgate regulations to
provide for—
(A) the environmental impact assessment of
nongovernmental activities, including tour-