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Electronic Code of Federal Regulations

e-CFR data is current as of January 22, 2020

Title 45Subtitle BChapter VIPart 670 → Subpart B

Title 45: Public Welfare

Subpart B—Prohibited Acts, Exceptions

§670.4   Prohibited acts.
§670.5   Exception in extraordinary circumstances.
§670.6   Prior possession exception.
§670.7   Food exception.
§670.8   Foreign permit exception.
§670.9   Antarctic Conservation Act enforcement exception.
§670.10   [Reserved]

§670.4   Prohibited acts.

Unless a permit has been issued pursuant to subpart C of this part or unless one of the exceptions stated in §§670.5 through 670.9 is applicable, it is unlawful to commit, attempt to commit, or cause to be committed any of the acts described in paragraphs (a) through (g) of this section.

(a) Taking of native mammal, bird or plants. It is unlawful for any person to take within Antarctica a native mammal, a native bird, or native plants.

(b) Engaging in harmful interference. It is unlawful for any person to engage in harmful interference in Antarctica of native mammals, native birds, native plants or native invertebrates.

(c) Entry into Antarctic specially designated areas. It is unlawful for any person to enter or engage in activities within any Antarctic Specially Protected Area.

(d) Possession, sale, export, and import of native mammals, birds, and plants. It is unlawful for any person to receive, acquire, transport, offer for sale, sell, purchase, export, import, 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 the Act.

(e) Introduction of non-indigenous animals and plants into Antarctica. It is unlawful for any person to introduce into Antarctica any animal or plant which is not indigenous to Antarctica or which does not occur there seasonally through natural migrations, as specified in subpart H of this part, except as provided in §§670.7 and 670.8.

(f) Violations of regulations. It is unlawful for any person to violate the regulations set forth in this part.

(g) Violation of permit conditions. It is unlawful for any person to violate any term or condition of any permit issued under subpart C of this part.

§670.5   Exception in extraordinary circumstances.

(a) Emergency exception. No act described in §670.4 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.

(b) Aiding or salvaging native mammals or native birds. The prohibition on taking shall not apply to any taking of native mammals or native birds if such action is necessary to:

(1) Aid a sick, injured or orphaned specimen;

(2) Dispose of a dead specimen; or

(3) Salvage a dead specimen which may be useful for scientific study.

(c) Reporting. Any actions taken under the exceptions in this section shall be reported promptly to the Director.

§670.6   Prior possession exception.

(a) Exception. Section 670.4 shall not apply to:

(1) any native mammal, bird, or plant which is held in captivity on or before October 28, 1978; or

(2) Any offspring of such mammal, bird, or plant.

(b) Presumption. With respect to any prohibited act set forth in §670.4 which occurs after April 29, 1979, the Act creates a rebuttable presumption that the native mammal, native bird, or native plant involved in such act was not held in captivity on or before October 28, 1978, or was not an offspring referred to in paragraph (a) of this section.

§670.7   Food exception.

Paragraph (e) of §670.4 shall not apply to the introduction of animals and plants into Antarctica for use as food as long as animals and plants used for this purpose are kept under carefully controlled conditions. This exception shall not apply to living species of animals. Unconsumed poultry or its parts shall be removed from Antarctica unless incinerated, autoclaved or otherwise sterilized.

§670.8   Foreign permit exception.

Paragraphs (d) and (e) of §670.4 shall not apply to transporting, carrying, receiving, or possessing native mammals, native plants, or native birds or to the introduction of non-indigenous animals and plants when conducted by an agency of the United States Government on behalf of a foreign national operating under a permit issued by a foreign government to give effect to the Protocol.

§670.9   Antarctic Conservation Act enforcement exception.

Paragraphs (a) through (d) of §670.4 shall not apply to acts carried out by an Antarctic Conservation Act Enforcement Officer (designated pursuant to 45 CFR 672.3) if undertaken as part of the Antarctic Conservation Act Enforcement Officer's official duties.

§670.10   [Reserved]

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