Page:United States Statutes at Large Volume 110 Part 4.djvu/944

 110 STAT. 3040 PUBLIC LAW 104-227—OCT. 2, 1996 3(6) of Annex I to the Protocol, at least 60 days before the commencement of the activity in Antarctica. "(e) CASES OF EMERGENCY.— The requirements of this section, and of regulations promulgated under this section, shall not apply in cases of emergency relating to the safety of human life or of ships, aircraft, or equipment and facilities of high value, or the protection of the environment, which require an activity to be undertaken without fulfilling those requirements. "(f) EXCLUSIVE MECHANISM. — Notwithstanding any other provision of law, the requirements of this section shall constitute the sole and exclusive statutory obligations of the Federal agencies with regard to assessing the environmental impacts of proposed Federal activities occurring in Antarctica. "(g) DECISIONS ON PERMIT APPLICATIONS. —The provisions of this section requiring environmental impact assessments (including initial environmental evaluations and comprehensive environmental evaluations) shall not apply to Federal actions with respect to issuing permits xmder section 5. Federal Register, " (h) PUBLICATION OF NOTICES. — Whenever the Secretary of publication. State makes a determination under paragraph (2) of subsection (b) of this section, or receives a draft comprehensive environmental evaluation in accordance with Annex I, Article 3(3) to the Protocol, the Secretary of State shall cause timely notice thereof to be published in the Federal Register.". SEC. 105. PERMITS. Section 5 of the Antarctic Conservation Act of 1978 (16 U.S.C. 2404) is amended— (1) in subsection (a) by striking "section 4(a)" and inserting in lieu thereof "section 4(b)"; (2) in subsection (c)(1)(B) by striking "Special" and inserting in lieu thereof "Species"; and (3) in subsection (e)— (A) by striking "or native plants to which the permit applies," in paragraph (l)(A)(i) and inserting in lieu thereof "native plants, or native invertebrates to which the permit applies, and"; (B) by striking paragraph (l)(A)(ii) and (iii) and inserting in lieu thereof the following new clause: "(ii) the manner in which the taking or harmful interference shall be conducted (which manner shall be determined by the Director to be humane) and the area in which it will be conducted;"; (C) by striking 'Svithin Antarctica (other than within any specially protected area)" in paragraph (2)(A) and inserting in lieu thereof "or harmful interference within Antarctica"; (D) by striking "specially protected species" in paragraph (2)(A) and (B) and inserting in lieu thereof "Specially Protected Species"; (E) by striking "; and" at the end of paragraph (2)(A)(i)(II) and inserting in lieu thereof ", or"; (F) by adding after paragraph (2)(A)(i)(II) the following new subclause: "(III) for unavoidable consequences of scientific activities or the construction and operation of scientific support facilities; and";

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