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Notes

45 C.F.R. §§ 670.5–670.9

5 sections in range

§670.5. Exception in extraordinary circumstances.

45 C.F.R. § 670.5

(a)
Emergency exception. No act described in § 670.4 shall be unlawful if the person committing the act reasonably believed that the act was committed under emergency circumstances involving the safety of human life or of ships, aircraft, or equipment or facilities of high value, or the protection of the environment.
(b)
Aiding or salvaging native mammals or native birds. The prohibition on taking shall not apply to any taking of native mammals or native birds if such action is necessary to:
(1)
Aid a sick, injured or orphaned specimen;
(2)
Dispose of a dead specimen; or
(3)
Salvage a dead specimen which may be useful for scientific study.
(c)
Reporting. Any actions taken under the exceptions in this section shall be reported promptly to the Director.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 2405, as amended.

Source

Source: 63 FR 50164, Sept. 21, 1998, unless otherwise noted.

§670.6. Prior possession exception.

45 C.F.R. § 670.6

(a)
Exception. Section 670.4 shall not apply to:
(1)
Any native mammal, bird, plant or invertebrate which is held in captivity on or before October 28, 1978; or
(2)
Any offspring of such mammal, bird, plant or invertebrate.
(b)
Presumption. With respect to any prohibited act set forth in § 670.4 which occurs after April 29, 1979, the Act creates a rebuttable presumption that the native mammal, bird, plant or invertebrate involved in such act was not held in captivity on or before October 28, 1978, or was not an offspring referred to in paragraph (a) of this section.
Notes, amendments, and revision history

Amendments

[86 FR 27987, May 25, 2021]

Authority

Authority: 16 U.S.C. 2405, as amended.

Source

Source: 63 FR 50164, Sept. 21, 1998, unless otherwise noted.

Amendments

[86 FR 27987, May 25, 2021]

§670.7. Food exception.

45 C.F.R. § 670.7

Paragraph (e) of § 670.4 shall not apply to the introduction of animals and plants into Antarctica for use as food as long as animals and plants used for this purpose are kept under carefully controlled conditions. This exception shall not apply to living species of animals. Unconsumed poultry or its parts shall be removed from Antarctica unless incinerated, autoclaved or otherwise sterilized.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 2405, as amended.

Source

Source: 63 FR 50164, Sept. 21, 1998, unless otherwise noted.

§670.8. Foreign permit exception.

45 C.F.R. § 670.8

Section 670.4(d) and (e) shall not apply to transporting, carrying, receiving, or possessing native mammals, native plants, native invertebrates or native birds or to the introduction of non-indigenous species when conducted by an agency of the United States Government on behalf of a foreign national operating under a permit issued by a foreign government to give effect to the Protocol.
Notes, amendments, and revision history

Amendments

[86 FR 27987, May 25, 2021]

Authority

Authority: 16 U.S.C. 2405, as amended.

Source

Source: 63 FR 50164, Sept. 21, 1998, unless otherwise noted.

Amendments

[86 FR 27987, May 25, 2021]

§670.9. Antarctic Conservation Act enforcement exception.

45 C.F.R. § 670.9

Paragraphs (a) through (d) of § 670.4 shall not apply to acts carried out by an Antarctic Conservation Act Enforcement Officer (designated pursuant to 45 CFR 672.3) if undertaken as part of the Antarctic Conservation Act Enforcement Officer's official duties.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 2405, as amended.

Source

Source: 63 FR 50164, Sept. 21, 1998, unless otherwise noted.