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16 U.S.C. § 2403 — Prohibited acts
Federal law — U.S. Code and appendices · legal_authorities
**(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;
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1901&num=0&edition=prelim) 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
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Stable record: federal_law:legal_authorities:record_usc_a3204a1ef58a368d6ec4a9fd
Source file: Laws/federal/codes/united-states-code/title-16/section-2403-prohibited-acts--e01af0a744.md
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Source location: Title 16, Chapter 44, § 2403; chapter-044-antarctic-conservation.md
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**(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;
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1901&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1901&num=0&edition=prelim) 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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Unless the context indicates otherwise, as used in this chapter—
(1) “Administrator” means the Administrator of the Environmental Protection Agency;
(2) “Antarctica” means the area south of 60 degrees south latitude;
(3) “Antarctic Protocol” means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991, in Madrid, and all annexes thereto, and includes any future amendments thereto which have entered into force;
(4) “MARPOL Protocol” means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention;
(5) “Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States;
(6) “discharge”, “emission”, “garbage”, “harmful substance”, and “incident” shall have the meanings provided in the Convention;
(7) “navigable waters” includes the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal waters of the United States;
(8) “owner” means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal;
(9) “operator” means— (a) in the case of a ship, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel, or (b) in the c
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1901
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Federal law — U.S. Code and appendices · legal_authorities
Page 2179
TITLE 16—CONSERVATION
§ 2403
arctica pursuant to Annex III to the Protocol,
but does not include materials used for bal-
loon 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 Sec-
retary of Commerce;
(19) the term ‘‘Specially Protected Species’’
means any native species designated as a Spe-
cially 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 quan-
tities of native plants that their local dis-
tribution or abundance would be significantly
affected;
(21) the term ‘‘Treaty’’ means the Antarctic
Treaty signed in Washington, DC, on Decem-
ber 1, 1959;
(22) the term ‘‘United States’’ means the sev-
eral States of the Union, the District of Co-
lumbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, Guam,
the Commonwealth of the Northern Mariana
Islands, and any other commonwealth, terri-
tory, or possession of the United States; and
(23) the term ‘‘vessel subject to the jurisdic-
tion of the United States’’ includes any ‘‘ves-
sel of the United States’’ and any ‘‘vessel sub-
ject 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 amend
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2403
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Federal law — U.S. Code and appendices · legal_authorities
Page 659
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1901
Sec.
1910.
Legal actions.
1911.
Effect on other laws.
1912.
International law.
1913.
Compliance reports.
1914.
Transferred.
1915.
Repealed.
§ 1901. Definitions
(a) Unless the context indicates otherwise, as
used in this chapter—
(1) ‘‘Administrator’’ means the Adminis-
trator of the Environmental Protection Agen-
cy;
(2) ‘‘Antarctica’’ means the area south of 60
degrees south latitude;
(3) ‘‘Antarctic Protocol’’ means the Protocol
on Environmental Protection to the Antarctic
Treaty, signed October 4, 1991, in Madrid, and
all annexes thereto, and includes any future
amendments thereto which have entered into
force;
(4) ‘‘MARPOL Protocol’’ means the Protocol
of 1978 relating to the International Conven-
tion for the Prevention of Pollution from
Ships, 1973, and includes the Convention;
(5) ‘‘Convention’’ means the International
Convention for the Prevention of Pollution
from Ships, 1973, including Protocols I and II
and Annexes I, II, V, and VI thereto, including
any modification or amendments to the Con-
vention, Protocols, or Annexes which have en-
tered into force for the United States;
(6)
‘‘discharge’’,
‘‘emission’’,
‘‘garbage’’,
‘‘harmful substance’’, and ‘‘incident’’ shall
have the meanings provided in the Conven-
tion;
(7) ‘‘navigable waters’’ includes the terri-
torial sea of the United States (as defined in
Presidential Proclamation 5928 of December
27, 1988) and the internal waters of the United
States;
(8) ‘‘owner’’ means any person holding title
to, or in the absence of title, any other indicia
of ownership of, a ship or terminal, but does
not include a person who, without partici-
pating in the management or operation of a
ship or terminal, holds indicia of
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1901
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