Antarctic Environmental Protection Protocol Act of 1992

Antarctic Environmental Protection Protocol Act of 1992 - Directs the Secretary of State 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 Antarctic in a manner inconsistent with the Protocol; (2) engage in, finance, or knowingly provide assistance to any Antarctic 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 of Commerce, acting through the Under Secretary, of Commerce for Oceans and Atmosphere); (4) conduct open burning or operate a landfill at a U.S. coastal facility within Antarctica; (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) transport passengers to, from, or within Antarctica by a vessel subject to U.S. jurisdiction unless the owner or operator is required to comply with the Act to Prevent Pollution from Ships; (8) engage in specified activities without a permit; (9) violate any terms of this Act; (10) ship, sell, purchase, import, export, or have control of any native bird, mammal, plant, or invertebrate or mineral resource which the person knows was taken in violation of this Act; (11) 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 (12) 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 involving the safety of a ship or aircraft.

Prohibits the following activities in Antarctica, except in accordance with a permit: (1) the conduct or support of an expedition by vessel of more than ten passengers to, from, or within Antarctica; (2) the operation of U.S. facilities within Antarctica, including the construction or decommissioning of a U.S. base, building, or airfield; (3) taking within Antarctica any native mammal, bird, or plant in such quantities that their local distribution or abundance would be significantly affected; (4) taking within Antarctica any specially protected species; (5) introducing any animal or plant not indigenous to Antarctica; (6) entering any specially protected area; (7) discharging untreated sewage into the waters or ice shelves of Antarctica; or (8) operating an incinerator.

Authorizes the Secretary to issue general permits for any category of activity if the activities are similar in nature and will cause no 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; or (4) the discharge of any untreated sewage into Antarctic waters or onto Antarctic ice shelves other than by a vessel.

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 determined 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 as determined by peer review of the proposed permit; (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, if appropriate.

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, unless they pose no risk to native mammals, birds, or plants.

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.

Authorizes permits for the operation of U.S. facilities within Antarctica to be issued for five-year periods. Provides for annual inspections of such facilities and permit renewals, as appropriate.

Requires permits which authorize the construction or operation of incinerators to: (1) ensure that emissions are reduced to the maximum extent practicable; (2) restrict the material which may be incinerated to food and food-contaminated waste; and (3) prohibit the operation of incinerators after 1994, unless the Secretary, acting through the Under Secretary, reports to the Congress that there is no alternative for the disposal of food.

Requires permits which authorize the disposal of sewage within Antarctica, other than from a vessel, to minimize environmental impacts.

Provides that permits which authorize expeditions of ten or more passengers to, from, or within Antarctica may be: (1) effective for up to three years; and (2) issued only if consistent with the Protocol and this Act and allow observers on vessels to monitor compliance.

Permits judicial review of permit issuance decisions. Authorizes permit modification, suspension, or revocation. Provides for permit application fees.

Requires Federal agencies planning to conduct activities in Antarctica to determine whether such activities will have 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.

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 implement 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, acting through the Under Secretary to develop requirements for contingency plans for responses to incidents with adverse environmental impacts in Antarctica.

Requires the Secretary of State 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.

Amends the Act to Prevent Pollution from Ships to apply Annex IV of the Protocol to all ships of U.S. registry and all ships under U.S. jurisdiction. Applies Protocol requirements to ships currently excluded from the requirements of such Act.

Requires the Secretary of the department in which the Coast Guard is operating to administer the Protocol. Directs the Secretary to ensure that such ships, before entering Antarctica, have: (1) sufficient capacity to retain all oil, noxious liquid substances, and garbage; and (2) concluded arrangements to discharge such substances at reception facilities outside of Antarctica.

Makes enforcement and inspection provisions of the Act to Prevent Pollution from Ships applicable to violations of the Protocol.

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: (1) the prohibition on Antarctic mineral resource activities should remain in effect permanently or indefinitely; (2) the Secretary of State should enter into negotiations with other Treaty parties to conclude an agreement on procedures for liability for damage arising from activities in Antarctica; and (3) the Secretary of Commerce, acting through the Under Secretary, should ensure that the results of all investigations relating to geological processes and structures are made available to the public.

Authorizes appropriations.