PRIA, Government Policy, Made Personal

Summary

Defines key words used in the chapter. It gives short meanings for terms used later. Administrator is the head of the Environmental Protection Agency; Antarctica is the area south of 60 degrees south latitude; Antarctic Specially Protected Area is an area identified under Annex V to the Protocol; Director is the head of the National Science Foundation; harmful interference is activity that disturbs or harms bird or seal groups, damages native plants, or seriously alters habitats (examples include aircraft landings, vehicles or small boats, explosives or firearms, people disturbing breeding or molting animals, and other habitat-damaging acts); historic site or monument is a site listed under Annex V to the Protocol; impact means an effect on the Antarctic environment and its ecosystems; import means bringing or trying to bring something into any place under U.S. jurisdiction, including the 12-mile territorial sea; native bird, native mammal, native invertebrate, and native plant are birds, mammals, invertebrates, and terrestrial or freshwater plants (including eggs, seeds, and other parts) that are indigenous to Antarctica or come there by natural migration; non-native species is any animal or plant not native to Antarctica and not arriving by natural migration; person has the meaning in section 1 of title 1 and includes anyone under U.S. jurisdiction and any federal, state, or local department or agency; prohibited product is a substance banned from being brought onto Antarctic land, ice shelves, or into its waters under Annex III to the Protocol; prohibited waste is a substance that must be removed from Antarctica under Annex III (but does not include balloon envelope material needed for research or weather forecasting); Protocol means the Protocol on Environmental Protection to the Antarctic Treaty signed October 4, 1991, in Madrid, plus its annexes and any future amendments the United States agrees to; Secretary is the Secretary of Commerce; Specially Protected Species are native species designated under Annex II to the Protocol; take means to kill, injure, capture, handle, molest a native mammal or bird, or remove or damage so many native plants that local populations would be significantly affected; Treaty means the Antarctic Treaty signed December 1, 1959, in Washington, DC; United States includes the several States, the District of Columbia, 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 meanings given for “vessel of the United States” and “vessel subject to the jurisdiction of the United States” 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