Pub. L. 104-227, tit. I, sec. 105

PERMITS.

EnactedYear: 1996Length: 334 wordsOfficial source
SEC. 105. PERMITS. Section 5 of the Antarctic Conservation Act of 1978 (16 U.S.C. 2404) is amended— (1) in subsection (a) by striking “section 4(a)” and inserting in lieu thereof “section 4(b)”; (2) in subsection (c)(1)(B) by striking “Special” and inserting in lieu thereof “Species”; and (3) in subsection (e)— (A) by striking “or native plants to which the permit applies,” in paragraph (1)(A)(i) and inserting in lieu thereof “native plants, or native invertebrates to which the permit applies, and”; (B) by striking paragraph (1)(A)(ii) and (iii) and inserting in lieu thereof the following new clause: “(ii) the manner in which the taking or harmful interference shall be conducted (which manner shall be determined by the Director to be humane) and the area in which it will be conducted;”; (C) by striking “within Antarctica (other than within any specially protected area)” in paragraph (2)(A) and inserting in lieu thereof “or harmful interference within Antarctica”; (D) by striking “specially protected species” in paragraph (2)(A) and (B) and inserting in lieu thereof “Specially Protected Species”; (E) by striking “; and” at the end of paragraph (2)(A)(i)(II) and inserting in lieu thereof “, or”; (F) by adding after paragraph (2)(A)(i)(II) the following new subclause: “(III) for unavoidable consequences of scientific activities or the construction and operation of scientific support facilities; and”; 110 STAT. 3041 (G) by striking “with Antarctica and” in paragraph (2)(A)(ii)(II) and inserting in lieu thereof “within Antarctica are”; and (H) by striking subparagraphs (C) and (D) of paragraph (2) and inserting in lieu thereof the following new subparagraph: “(C) A permit authorizing the entry into an Antarctic Specially Protected Area shall be issued only— “(i) if the entry is consistent with an approved management plan, or “(ii) if a management plan relating to the area has not been approved but— “(I) there is a compelling purpose for such entry which cannot be served elsewhere, and “(II) the actions allowed under the permit will not jeopardize the natural ecological system existing in such area ”.