Antarctic Environmental Protection Protocol Act of 1992

Summary

Antarctic Environmental Protection Protocol Act of 1992 - Directs the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, to appoint a U.S. officer or employee as the U.S. representative to the Committee for Environmental Protection (Committee) under the Protocol on Environmental Protection to the Antarctic Treaty (Treaty) (done at Madrid in October 1991). Makes it unlawful for any person to: (1) conduct an activity within Antarctica in a manner inconsistent with the Protocol; (2) engage in, provide assistance to, or knowingly finance any Antarctica mineral resource activity; (3) introduce any prohibited product within Antarctica (defined as polychlorinated biphenyls, nonsterile soils, polystyrene or similar packaging, pesticides, and other products designated by the Secretary); (4) conduct open burning, maintain a landfill at a U.S. coastal facility, or maintain an incinerator after December 31, 1994; (5) bring any dog into Antarctica; (6) use leaded fuel at a U.S. facility within Antarctica or in any vessel or aircraft subject to U.S. jurisdiction; (7) engage in specified activities without a permit; (8) violate any terms of this Act; (9) ship, sell, purchase, import, export, or have control of any native bird, mammal, or plant, or mineral resource which the person knows was taken in violation of this Act; (10) refuse to permit any authorized U.S. employee to board a U.S. vessel subject to U.S. jurisdiction for conducting any search or inspection in connection with enforcement; or (11) interfere with any search or resist a lawful arrest or detention or interfere with such an arrest or detention. Waives the prohibition on activities conducted without a permit under emergency circumstances to prevent the loss of human life. Makes it unlawful for any vessel subject to U.S. jurisdiction to discharge into Antarctic waters any: (1) oil, noxious liquid substance, chemical, or any substance in quantities determined to be harmful; or (2) plastic, garbage, or food waste, except that food waste may be disposed of not less than 12 nautical miles from the nearest land or ice shelf after it has been passed through a comminutor or grinder. Applies such prohibitions to a vessel owned or operated by the United States when engaged in noncommercial service within Antarctica. Prohibits the following activities in Antarctica, except in accordance with a permit: (1) construction or decommissioning of any U.S. facility, building, or airfield within Antarctica; (2) the conduct of an expedition of more than ten persons to, from, or within Antarctica; (3) the operation of U.S. facilities within Antarctica conducted with support provided by the Director of the National Science Foundation; (4) taking within Antarctica any native mammal, bird, or plant in such quantities that their local distribution or abundance would be adversely affected; (5) taking within Antarctica any specially protected species; (6) introducing any animal or plant not indigenous to Antarctica; (7) entering any specially protected area; or (8) operating an incinerator prior to December 31, 1994. Authorizes the Secretary to issue general permits for any category of research activity if the activities are similar in nature and will cause no more than a minor environmental impact when performed cumulatively. Establishes a specific procedure for permit applications requesting authority to undertake actions with respect to: (1) native marine mammals covered by the Marine Mammal Protection Act of 1972; (2) endangered or threatened species; (3) native birds protected under the Migratory Bird Treaty Act; (4) the discharge of any untreated sewage into Antarctic waters; or (5) the discharge of any substance which is regulated under the International Convention for the Prevention of Pollution from Ships, 1973. Prohibits the issuance of a permit unless there is sufficient information to assess possible environmental impacts and if required, an environmental impact statement (EIS) has been prepared and circulated to Treaty parties and to the Committee. Provides that permits which authorize any taking may only be issued for providing specimens for scientific study or institutions or for the unavoidable consequences of scientific research activities and shall ensure that only small numbers are taken, the variety of the species and balance of the ecological systems are maintained, and the taking is required to further a bona fide scientific purpose. Authorizes permits for takings of specially protected species to be issued only if: (1) there is a compelling scientific purpose which does not involve unnecessary duplication of research; (2) the actions authorized will not jeopardize any existing natural ecological systems or the survival or recovery of the species; and (3) nonlethal techniques are used. Requires permits which authorize the introduction of any nonindigenous animal or plant to be issued only for animals and plants to be used in a laboratory and requires the removal of such plants or animals from Antarctica prior to the expiration of the permit. Authorizes the issuance of a permit that allows the entry into any specially protected area only if: (1) there is a compelling scientific purpose for the entry; and (2) the actions will not jeopardize the natural ecological system and are in accordance with the management plan. Provides that permits that authorize the construction of a U.S. facility, building, or airfield within Antarctica may be issued only if there is a compelling scientific or logistical purpose that cannot be met by an existing facility, building, or airfield. Requires permits which authorize the construction or operation of incinerators prior to 1995, or the disposal of sewage or garbage within Antarctica, to minimize the environmental impact. Requires permits that authorize the discharge of material from a U.S. vessel to contain terms consistent with the International Convention for the Prevention of Pollution from Ships, 1973. Permits judicial review of permit issuance decisions. Authorizes permit modification, suspension, or revocation. Provides for permit application fees. Applies the National Environmental Policy Act of 1969 to activities of Federal agencies in Antarctica. Requires Federal agencies planning to conduct activities in Antarctica to determine whether such activities will have more than a minor or transitory impact on the environment. Authorizes such activities if the agency monitors them to assess and verify the minor or transitory impact. Directs Federal agencies, if activities will have more than a minor or transitory environmental impact, to prepare an EIS. Requires the preparation of an EIS for the issuance of a permit for the construction or decommissioning of any U.S. facility, building, or airfield. Directs the Secretary, acting through the Under Secretary, to issue regulations establishing procedures for the environmental assessment of nongovernmental activities in Antarctica. Provides for review of an EIS by the Treaty parties and the Committee prior to permission for an activity to proceed. Directs the Secretary, acting through the Under Secretary, to establish a plan for monitoring activities within Antarctica that have more than a minor or transitory environmental impact. Authorizes the Secretary, acting through the Under Secretary, to conduct a program for monitoring the health of the waters of Antarctica and the Southern Ocean as part of a global ocean observing system. Directs the Secretary of the department in which the Coast Guard is operating to develop requirements for contingency plans for responses to incidents with adverse environmental impacts in Antarctica. Requires the President to circulate to all Treaty parties all inspection and compliance reports and all actions taken to ensure compliance with the Protocol and to bring to the attention of the other parties all known incidents of noncompliance with the Protocol by the nationals of those parties. Prescribes civil and criminal penalties for violations of this Act. Sets forth enforcement procedures and establishes authorities for searches and seizures and forfeitures. Gives the Secretary, acting through the Under Secretary, primary responsibility for implementing the Protocol. Requires the Director to continue to support basic research investigations of the Antarctic environment in order to understand globally important processes. Repeals the Antarctic Conservation Act of 1978 and the Antarctic Protection Act of 1990. Sets forth procedures with respect to acceptance of amendments to the Protocol. Expresses the sense of the Congress that the prohibition on Antarctic mineral resource activities should remain in effect permanently or indefinitely. Authorizes appropriations.

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3 official files

• Introduced in House (text)

  Introduced in House · EN

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• Reported to House amended, Part I

  summary · EN · 29 September 1992

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• Introduced in House

  summary · EN · 22 June 1992

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