§2402 — Title 16 Conservation | U.S. Code

Summary

Lists and explains the main words used in this chapter so people know what they mean. "Administrator" means the head of the Environmental Protection Agency. "Antarctica" means the area south of 60 degrees south latitude. "Antarctic Specially Protected Area" means an area identified under Annex V to the Protocol. "Director" means the head of the National Science Foundation. "Harmful interference" means actions that disturb or damage birds, seals, native plants, or their habitats (for example by aircraft, vehicles, explosives, people on foot, or any activity that seriously harms habitat). "Historic site or monument" means a site listed under Annex V to the Protocol. "Impact" means an effect on the Antarctic environment and its ecosystems. "Import" means landing, bringing into, introducing into, or trying to do those things in any place under U.S. jurisdiction, including the 12-mile territorial sea of the United States, even if customs law would not call it an importation. "Native bird," "native mammal," "native invertebrate," and "native plant" each mean species that are indigenous to Antarctica (or for birds and mammals, also those that come there seasonally), and include all life stages and parts. "Non-native species" means any animal or plant not native to Antarctica and not a seasonal migrant. "Person" has the meaning given in section 1 of title 1 and includes anyone under U.S. jurisdiction plus federal, state, and local government bodies. "Prohibited product" means substances banned from being brought onto Antarctic land, ice shelves, or into its waters under Annex III to the Protocol. "Prohibited waste" means substances that must be removed from Antarctica under Annex III to the Protocol, but does not include balloon envelope materials needed for research and weather forecasting. "Protocol" means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991, in Madrid, including its annexes and any amendments the United States agrees to. "Secretary" means the Secretary of Commerce. "Specially Protected Species" means native species designated under Annex II to the Protocol. "Take" means to kill, injure, capture, handle, molest, or remove or damage native plants or animals enough to hurt their local numbers or distribution. "Treaty" means the Antarctic Treaty signed in Washington, DC, on December 1, 1959. "United States" lists the several States, 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 U.S. commonwealth, territory, or possession. "Vessel subject to the jurisdiction of the United States" includes the kinds of vessels defined in section 2432 of this title.

Title 16, §2402

Conservation — Source: USLM XML via OLRC

For purposes of this chapter—

(1)the term “Administrator” means the Administrator of the Environmental Protection Agency;

(2)the term “Antarctica” means the area south of 60 degrees south latitude;

(3)the term “Antarctic Specially Protected Area” means an area identified as such pursuant to Annex V to the Protocol;

(4)the term “Director” means the Director of the National Science Foundation;

(5)the term “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;

(6)the term “historic site or monument” means any site or monument listed as an historic site or monument pursuant to Annex V to the Protocol;

(7)the term “impact” means impact on the Antarctic environment and dependent and associated ecosystems;

(8)the term “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;

(9)the term “native bird” means any member, at any stage of its life cycle (including eggs), of any species of the class Aves which is indigenous to Antarctica or occurs there seasonally through natural migrations, and includes any part of such member;

(10)the term “native invertebrate” means any terrestrial or freshwater invertebrate, at any stage of its life cycle, which is indigenous to Antarctica, and includes any part of such invertebrate;

(11)the term “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, and includes any part of such member;

(12)the term “native plant” means any terrestrial or freshwater vegetation, including bryophytes, lichens, fungi, and algae, at any stage of its life cycle (including seeds and other propagules), which is indigenous to Antarctica, and includes any part of such vegetation;

(13)the term “non-native species” means any species of animal or plant which is not indigenous to Antarctica and does not occur there seasonally through natural migrations;

(14)the term “person” has the meaning given that term in section 1 of title 1 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;

(15)the term “prohibited product” means any substance banned from introduction onto land or ice shelves or into water in Antarctica pursuant to Annex III to the Protocol;

(16)the term “prohibited waste” means any substance which must be removed from Antarctica 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.

Notes & Related Subsidiaries

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.

§2402 Definitions