To implement the Protocol on Environmental Protection to the Antarctic Treaty, with annexes, done at Madrid October 4, 1991, and an additional annex done at Bonn October 17, 1991, enact a prohibition against Antarctic mineral resource activities, amend the Antarctic Conservation Act of 1978, and repeal the Antarctic Protection Act of 1990.
Antarctic Environmental Protection Act of 1992 - Title I: Amendments to the Antarctic Conservation Act of 1978 - Amends the Antarctic Conservation Act of 1978 to set forth U.S. policy with respect to the protection of Antarctica.
Revises provisions concerning prohibited acts to make it unlawful for any person (currently, U.S. citizen) to: (1) engage in any taking or harmful interference in Antarctica; (2) introduce into Antarctica any nonnative species; (3) enter any Antarctic specially protected area; or (4) discharge, dispose of, or introduce any waste or pollutant within Antarctica, except as permitted by the Act to Prevent Pollution from Ships.
Exempts from such prohibition any act committed under emergency circumstances that involves the safety of human life or of ships, aircraft, or equipment or facilities of high value or the protection of the environment.
Revises requirements for the issuance of permits authorizing takings or harmful interferences or introductions of nonnative species in Antarctica. Authorizes permits to be issued to provide for unavoidable consequences of scientific activities or of the construction and operation of scientific support facilities.
Adds to the list of permit requirements that such permits ensure that no more native mammals, birds, or plants are taken than are necessary to provide specimens for scientific or cultural uses.
Adds to the list of requirements for permits authorizing the taking of specially protected species that such takings involve nonlethal techniques, where appropriate.
Allows permits for entry into any Antarctic specially protected area to be issued only in accordance with a specified management plan.
Provides that permits authorizing the importation of nonnative species shall: (1) not be issued unless allowed under the Protocol on Environmental Protection to the Antarctic Treaty of October 1991; (2) require such species to be removed from Antarctica and disposed of in a specified manner; (3) not permit the importation of dogs or living birds; and (4) require that precautions be taken to prevent the introduction of microorganisms not present in native fauna and flora. Sets forth restrictions on the importation of animal food products into Antarctica.
Requires certain regulations prescribed by the Secretary of State to apply to any person's (currently, U.S. citizen's) advance notification of expeditions to, and within, Antarctica.
Directs the Secretary to prescribe regulations to require nongovernmental activities in Antarctica for which the United States is required to give advance notice under the Antarctic Treaty to provide for prompt response actions to emergencies and to comply with contingency plans.
Requires the Secretary to prescribe regulations to implement the environmental impact assessment provisions of the Protocol with respect to nongovernmental activities in Antarctica.
Directs the Secretary to designate the U.S. representative to the Committee for Environmental Protection.
Increases the ceiling on civil penalties and expands the scope of criminal penalties for specified violations of the Antarctic Conservation Act of 1978. Authorizes civil actions with respect to violations.
Title II: Prohibition of Antarctic Mineral Activities; Repeal of Antarctic Protection Act - Declares that the purpose of this title is to provide the legislative authority necessary to implement the provisions of the Protocol relating to Antarctic mineral resource activity by persons subject to the jurisdiction of the United States.
Makes it unlawful for any person to: (1) engage in, provide assistance to, or knowingly finance any Antarctic mineral resource activity; (2) violate any provision of this title; (3) ship, sell, purchase, import, export, or have control of any Antarctic mineral resource which the person knows was recovered as the result of Antarctic mineral resource activity, without regard to the citizenship of the person that engaged in the activity; (4) refuse to permit any authorized U.S. employee to board a vessel, vehicle, or aircraft subject to this title for conducting any search or inspection in connection with enforcement; or (5) interfere with any search or resist a lawful arrest or detention or interfere with such an arrest or detention.
Prescribes civil and criminal penalties for violations of this title. Sets forth enforcement procedures and provisions concerning forfeitures and searches and seizures.
Declares that this title shall prevail over any inconsistent provision of the Deep Seabed Hard Mineral Resources Act.
Repeals the Antarctic Protection Act of 1990.
Authorizes appropriations.
Introduced in House
Introduced in House
Referred to the House Committee on Interior and Insular Affairs.
Referred to the House Committee on Merchant Marine and Fisheries.
Referred to the House Committee on Science, Space and Technology.
Referred to the Subcommittee on Science.
Referred to the Subcommittee on Fisheries and Wildlife Conservation and the Environment.
Referred to the Subcommittee on Oceanography, Great Lakes, and the Outer Continental Shelf.
Referred to the Subcommittee on Coast Guard and Navigation.
Executive Comment Requested from Commerce, Interior, State, DOT, CEQ, EPA, NSF.
Referred to the Subcommittee On Insular and International Affairs.
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