The Antarctic Conservation Act of 1978
Public Law 95-541

Summary by National Science Foundation

The Antarctic Conservation Act of 1978 (ACA)

The ACA implements the Antarctic Treaty of 1961, which establishes Antarctica as an international reserve for the peaceful conduct of science, education, and human experience. Through Federal regulations the proactive intent of the United States Government for the protection of the antarctic environment is implemented in conjunction with the National Environmental Policy Act of 1969 (NEPA), the principles of the Protocol on Environmental Protection to the Antarctic Treaty, and national policy.

The law applies to:

• any U.S. citizen in Antarctica

• any person in Antarctica as a participant in U.S. government activities

• any expedition into the Antarctic that originates from the United States
  

• any person in the United States who handles certain antarctic animals and plants

The ACA applies to land and fast ice south of 60o South latitude. An international regulation (Marpol) applies to ships at sea south of 60o South latitude.

The Act provides penalties of up to $10,000 and 1 year imprisonment for violations.

Certain NSF employees in Antarctica are designated enforcement officers. These Federal officials are responsible for ensuring compliance with ACA regulations and permits. They also are available to help people understand their obligations. They are authorized to review permits to ensure terms and conditions are fulfilled; serve warrants; search and seize property without warrant; offer and pay rewards for services and information; take affidavits; detain for inspection and inspect packages, crates, or other containers; and make an arrest with or without a warrant.

NSF also at times designates observers to record and report activities of nongovernmental expeditions to Antarctica.

The ACA and its regulations establish stringent standards for the behavior of United States Citizens in Antarctica. It is unlawful, unless authorized by permit, to:

• Take native mammals or birds
  
• Enter specially designated areas
  
• Introduce species to Antarctica
  
• Introduce substances designated as pollutants
  
• Discharge designated pollutants
  
• Import certain antarctic items into the United States
  

Common activities in the United States, such as packing boxes with styrofoam beads, are not allowed in Antarctica. Disturbing wildlife or removing plants from a specially protected area can only be done through a permit issued by NSF.

• Use or release of any banned substance
  
• PCBs
  
• Non-sterile soil
  
• Polystyrene beads, plastic chips, or similar loose polystyrene packing materials
  
• Pesticides (other than those required for scientific, medical, or hygiene purposes)
  
• or Other substances designated as such by the Director
  
• Use or release of any designated pollutant, except by permit
  
• Adhesives and Cements
  
• Cleaners and Detergents
  
• Glycol Antifreeze
  
• Industrial Chemicals
  
• Industrial Solvents
  
• Laboratory Chemicals
  
• Lubricants
  
• Paint and Coatings
  
• Petroleum Fuels
  
• Specialized Fuels (Propane, Coleman Fuel)
  
• Compressed Gases (He, Ar, O2, N2, Freon)
  
• Release any waste, except by permit
  
• A waste is any substance that will no longer be used for any useful purpose.
  

Implementation of the ACA

The implementation of the ACA takes into account the unique relationship of NSF grantees and contractors and their activities while in Antarctica. Special emphasis is placed on gaining a broad understanding among USAP participants regarding the purpose of the ACA and its specific requirements. The permitting process is receiving increased emphasis and is providing detailed records enabling NSF to accurately report antarctic activities as required of all Antarctic Treaty Member Nations.

This year, the second year of broad waste management regulations, a five-year USAP Master Permit was issued to USAP's contractor and the U.S. Navy Support Force Antarctica for the management and reduction of designated pollutants and wastes in Antarctica. Management of the USAP Master Permit is providing new insights into the reduction of potential waste products and overall improvement in USAP efficiency.

The Office of Polar Programs is using the environmental review procedures of NEPA to strengthen the assessment of the environmental effects of management decisions before action, authorized through ACA permit procedures, is taken.

Staff in the Office of Polar Programs have received training at the Federal Law Enforcement Training Center and are now enforcing the ACA. Enforcement of the ACA is built on a strong working relationship with Office of Polar Programs and USAP grantees, the major contractor, the Navy, and international tourism organizations. Fulfillment of the intent of the ACA will be achieved through the continued presence of ACA Enforcement Officers in the field, one-on-one, with scientists and support personnel.