Page:United States Statutes at Large Volume 110 Part 4.djvu/940

 110 STAT. 3036 PUBLIC LAW 104-227—OCT. 2, 1996 through natured 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, United States Code, 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' mesms 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 303 of the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2432). ". SEC. 103. PROHIBITED ACTS. Section 4 of the Antarctic Conservation Act of 1978 (16 U.S.C. 2403) is amended to read as follows: "SEC. 4. PROHIBITED ACTS. "(a) IN GENERAL,—It is unlawful for any person—

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