The law protects native mammals, birds, and plants and their ecosystems. The law applies to all U.S. citizens, whether or not they go to Antarctica with the U.S. Antarctic Program. It applies to all expeditions to Antarctica that originate from the United States.
The Act makes it unlawful, unless authorized by permit:
The Act provides penalties of up to $10,000 and 1 year imprisonment for each violation. Other penalties could include removal from Antarctica, rescission of a grant, or sanctions by your employer.
A Protocol on Environmental Protection was signed in 1991 by representatives of the United States and 25 other Antarctic Treaty nations. The protocol strengthens antarctic environmental standards. In early 1996 it had not officially entered into force because the necessary number of nations had not ratified it. Regardless, the United States and other Antarctic Treaty parties have said they will comply with the protocol voluntarily where possible. Many requirements of the protocol have been incorporated into regulations. The United States has said it will ratify the protocol, but the Government in April 1996 had not yet issued legislation to do so.
The following paragraphs discuss major provisions of the Antarctic Conservation Act and refer to the Protocol on Environmental Protection as appropriate.
Taking native mammals or birds
It is unlawful, unless authorized by permit, to take antarctic native mammals or birds. To take means to remove, harass, molest, harm, pursue, hunt, shoot, wound, kill, trap, capture, restrain, or tag a native mammal or bird or to try to do so.
If you are on the sea ice near McMurdo and try to hustle a Weddell seal into position for a photograph, you are breaking the law. If you are an ornithologist with a grant to band giant petrels, you may not do so until you apply for and receive a permit. A grant and a permit are two different things.
Mineral samples for scientific purposes normally may be collected and removed from Antarctica without an Antarctic Conservation Act permit. However, the Act requires a permit for ``any activity that results in the significant adverse modification of habitats of any species or population of native mammal, bird, plant, or invertebrate.'' The Antarctic Protection Act of 1990 (Public Law 101-594) states, ``it is unlawful for any person to engage in, finance, or otherwise knowingly provide assistance to any antarctic mineral resource activity.''
Entering designated special areas
A number of precisely defined places in Antarctica are designated under the Antarctic Treaty, and in the U.S. law, as Specially Protected Areas or Sites of Special Scientific Interest. You must have a compelling need to enter one of these areas, and you must have a permit to do so.
Some of these special areas are near stations, such as Arrival Heights next to McMurdo or Litchfield Island near Palmer. Other special areas like the Barwick Valley are in remote locations in which geologists, for example, may want to work. The areas and their management plans, with which you must comply if you are permitted to enter, are described in publication NSF 95-154.
Introducing nonindigenous species to Antarctica (i.e., south of 60°S latitude) generally is prohibited. However, if your work requires it, a permit may be issued for the following species under controlled conditions:
If you are uncertain whether the species you need to take to Antarctica is considered an introduced species, please contact the biology program at NSF (see roster).
Introducing substances designated as pollutants
The Antarctic Conservation Act regulates what types of materials can be taken to Antarctica and specifies how these materials must be used, stored, and disposed of.
Banned substances. These substances are banned from Antarctica:
Designated pollutants. This category is large and will require attention if you get a grant to work in Antarctica. Then, the Foundation's contractor Antarctic Support Associates will help you report the materials that fall in this category.
At the proposal stage, it is enough to think about how to minimize the types and amounts of substances you need, to substitute benign substances for designated pollutants wherever possible, and to handle the designated pollutants that you must take. In the proposal and, if you get a grant, in your later dealings with Antarctic Support Associates, err on the side of disclosure . In the proposal's Operational Requirements package, use the worksheet in this book to list major amounts of waste you expect to generate.
Designated pollutants include any substance listed by name or characteristic (flammable, corrosive, reactive, toxic) in the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and other U.S. regulations. Waste containing designated pollutants is antarctic hazardous waste, and it has to be used, stored, and disposed of in controlled ways.
Many research and industrial supplies and common substances like lighter fluid and fingernail polish remover at U.S. antarctic stations are designated pollutants. Designated pollutants must be permitted to enter Antarctica. NSF's contractor Antarctic Support Associates annually compiles an application for a master permit to cover common items. The task obviously requires the cooperation of grantees; this chore is part of preparing for research in Antarctica.
Discharging designated pollutants
Some categories of waste must be removed from Antarctica. The list includes radioactive materials, batteries, fuel, heavy metals, lubricants, treated timbers, plastic (except low density storage bags), solid noncombustibles, and drums that held oil or chemicals.
The U.S. Antarctic Program employs specialists to handle and remove designated pollutants in accordance with the regulations. Grantees receive assistance and instructions in the Antarctic, but are required to keep track of the designated pollutants they use, to sort and store them according to instructions provided, and to turn the waste over to U.S. Antarctic Program officials in accordance with specified procedures.
Open burning is prohibited in Antarctica. If your proposal will include the operation of a remote field camp, plan to haul all your trash back to the station or ship from which you began your sortie.
Import into and export from the USA
In the United States it is unlawful, unless authorized by regulation or permit, to have or sell, or to import or export, antarctic plants from Specially Protected Areas, antarctic mammals, or antarctic birds. An application for a permit must demonstrate that the import or export would further the purposes for which the species was taken or collected, demonstrate that the import or export is consistent with the purposes of the Antarctic Conservation Act, and state which U.S. port will be used. There are seven designated ports: New York, Miami, Chicago, San Francisco, New Orleans, Seattle, and Honolulu.
Mailing items to or from the United States constitutes import or export.
You are the person who initially decides if an Antarctic Conservation Act permit will be needed for your proposed activities. If there is any doubt, contact an Office of Polar Programs science program manager, the permit officer, or the environmental officer (see the roster).
If a permit appears necessary, turn in the Antarctic Conservation Act Application and Permit Form (See NSF95-154, 'Section 5: Forms') with the proposal's Operational Requirements package.
At least 45 days is required for NSF to review and decide on a permit. During that time, a summary of your application is published in the Federal Register so that any member of the public can comment on it. The Foundation evaluates the public comments and performs an internal review. It then approves the application, approves it with modifications, or disapproves it.
NSF will not allow work in Antarctica until a permit either has been approved and issued or is found to be not required.
You may not do things that require a permit unless you have a permit. An application cannot be made retroactive.