[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2403]
TITLE 16--CONSERVATION
CHAPTER 44--ANTARCTIC CONSERVATION
Sec. 2403. Prohibited acts
(a) In general
It is unlawful for any person--
(1) to introduce any prohibited product onto land or ice shelves
or into water in Antarctica;
(2) to dispose of any waste onto ice-free land areas or into
fresh water systems in Antarctica;
(3) to dispose of any prohibited waste in Antarctica;
(4) to engage in open burning of waste;
(5) to transport passengers to, from, or within Antarctica by
any seagoing vessel not required to comply with the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.), unless the person has
an agreement with the vessel owner or operator under which the owner
or operator is required to comply with Annex IV to the Protocol;
(6) who organizes, sponsors, operates, or promotes a
nongovernmental expedition to Antarctica, and who does business in
the United States, to fail to notify all members of the expedition
of the environmental protection obligations of this chapter, and of
actions which members must take, or not take, in order to comply
with those obligations;
(7) to damage, remove, or destroy a historic site or monument;
(8) to refuse permission to any authorized officer or employee
of the United States to board a vessel, vehicle, or aircraft of the
United States, or subject to the jurisdiction of the United States,
for the purpose of conducting any search or inspection in connection
with the enforcement of this chapter or any regulation promulgated
or permit issued under this chapter;
(9) to forcibly assault, resist, oppose, impede, intimidate, or
interfere with any authorized officer or employee of the United
States in the conduct of any search or inspection described in
paragraph (8);
(10) to resist a lawful arrest or detention for any act
prohibited by this section;
(11) to interfere with, delay, or prevent, by any means, the
apprehension, arrest, or detention of another person, knowing that
such other person has committed any act prohibited by this section;
(12) to violate any regulation issued under this chapter, or any
term or condition of any permit issued to that person under this
chapter; or
(13) to attempt to commit or cause to be committed any act
prohibited by this section.
(b) Acts prohibited unless authorized by permit
It is unlawful for any person, unless authorized by a permit issued
under this chapter--
(1) to dispose of any waste in Antarctica (except as otherwise
authorized by the Act to Prevent Pollution from Ships [33 U.S.C.
1901 et seq.]) including--
(A) disposing of any waste from land into the sea in
Antarctica; and
(B) incinerating any waste on land or ice shelves in
Antarctica, or on board vessels at points of embarcation or
debarcation, other than through the use at remote field sites of
incinerator toilets for human waste;
(2) to introduce into Antarctica any member of a nonnative
species;
(3) to enter or engage in activities within any Antarctic
Specially Protected Area;
(4) to engage in any taking or harmful interference in
Antarctica; or
(5) to receive, acquire, transport, offer for sale, sell,
purchase, import, export, 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 this chapter.
(c) Exception for emergencies
No act described in subsection (a)(1), (2), (3), (4), (5), (7),
(12), or (13) of this section or in subsection (b) of this section 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.
(Pub. L. 95-541, Sec. 4, Oct. 28, 1978, 92 Stat. 2049; Pub. L. 104-227,
title I, Sec. 103, Oct. 2, 1996, 110 Stat. 3036.)
References in Text
The Act to Prevent Pollution from Ships, referred to in subsecs.
(a)(5) and (b)(1), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as
amended, which is classified principally to chapter 33 (Sec. 1901 et
seq.) of Title 33, Navigation and Navigable Waters. For complete
classification of this Act to the Code, see Short Title note set out
under section 1901 of Title 33 and Tables.
Amendments
1996--Pub. L. 104-227 reenacted section catchline without change and
amended text generally. Prior to amendment, text consisted of subsec.
(a) ``In General'', which set forth unlawful acts in pars. (1) to (4
