§ 2402. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2402]
TITLE 16--CONSERVATION
CHAPTER 44--ANTARCTIC CONSERVATION
Sec. 2402. Definitions
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.
(Pub. L. 95-541, Sec. 3, Oct. 28, 1978, 92 Stat. 2048; Pub. L. 104-227,
title I, Sec. 102, Oct. 2, 1996, 110 Stat. 3035.)
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''.
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.
