16 U.S.C. § 2403 — Prohibited acts

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 amended text generally. Prior to amendment, text defined ‘‘Agreed Measures’’, ‘‘Antarc- tica’’, ‘‘collect’’, ‘‘Director’’, ‘‘foreign person’’, ‘‘native bird’’, ‘‘native mammal’’, ‘‘native plant’’, ‘‘pollutant’’, ‘‘site of special scientific interest’’, ‘‘specially pro- tected area’’, ‘‘specially protected species’’, ‘‘take’’, ‘‘Treaty’’, ‘‘United States’’, and ‘‘United States cit- izen’’. 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 Antarc- tica; (3) to dispose of any prohibited waste in Ant- arctica; (4) to engage in open burning of waste; (5) to transport passengers to, from, or with- in Antarctica by any seagoing vessel not re- quired to comply with the Act to Prevent Pol- lution from Ships (33 U.S.C. 1901 et seq.), un- less the person has an agreement with the ves- sel 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 pro- motes a nongovernmental expedition to Ant- arctica, and who does business in the United States, to fail to notify all members of the ex- pedition of the environmental protection obli- gations 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 of- ficer 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 con- ducting 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, im- pede, intimidate, or interfere with any author- ized officer or employee of the United States in the conduct of any search or inspection de- scribed 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 deten- tion of another person, knowing that such other person has committed any act prohib- ited 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 chap- ter; 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 author- ized by a permit issued under this chapter— (1) to dispose of any waste in Antarctica (ex- cept 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 inter- ference 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 2180 TITLE 16—CONSERVATION § 2403a the person knows, or in the exercise of due care should have known, was taken in viola- tion 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 pro- tection 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, 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 sec- tion 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 pro- vided that such acts would not be unlawful if com- mitted 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 activi- ties 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 occur- ring in Antarctica and affecting the quality of the human environment in Antarctica or de- pendent or associated ecosystems, only as speci- fied in this section. For purposes of the applica- tion of such section 102(2)(C) under this sub- section, 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 con- duct a Federal activity in Antarctica deter- mines that the activity will have less than a minor or transitory impact, or unless a com- prehensive environmental evaluation is being prepared in accordance with subparagraph (C), the agency shall prepare an initial environ- mental 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- tion, that the proposed Federal activity is likely to have no more than a minor or transitory im- pact, 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 evalua- tion or otherwise, that a proposed Federal activ- ity is likely to have more than a minor or tran- sitory impact, the agency shall prepare and cir- culate a comprehensive environmental evalua- tion in accordance with Article 3 of Annex I to the Protocol, and shall make such comprehen- sive environmental evaluation publicly avail- able 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 environ- mental evaluation as well as other consider- ations 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 con- ducted under a Federal agency research program in Antarctica, whether or not conducted by a Federal agency. (b) Federal activities carried out jointly with for- eign governments (1) For the purposes of this subsection, the term ‘‘Antarctic joint activity’’ means any Fed- eral activity in Antarctica which is proposed to be conducted, or which is conducted, jointly or in cooperation with one or more foreign govern- ments. Such term shall be defined in regulations promulgated by such agencies as the President may designate. (2) Where the Secretary of State, in coopera- tion with the lead United States agency plan- ning an Antarctic joint activity, determines that— (A) the major part of the joint activity is being contributed by a government or govern- ments other than the United States; (B) one such government is coordinating the implementation of environmental impact as- sessment procedures for that activity; and (C) such government has signed, ratified, or acceded to the Protocol, the requirements of subsection (a) of this sec- tion shall not apply with respect to that activ- ity. (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 re- view. (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-