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16 U.S.C. § 1423b — Administration

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1423b — Administration

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Stable record: federal_law:legal_authorities:record_usc_139c0069b51ee55a8c0e967b
Source file: Laws/federal/codes/united-states-code/title-16/section-1423b-administration--63c85a015c.md
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Source location: Title 16, Chapter 31, § 1423b; chapter-031-marine-mammal-protection.md

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**(a) In general** The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall do all things necessary and appropriate, including the promulgation of regulations, to implement, enforce, and administer the provisions of the Agreement on behalf of the United States. The Secretary shall consult with the Secretary of State and the Alaska Nanuuq Commission on matters involving the implementation of the Agreement. **(b) Utilization of other government resources and authorities** (1) **Other government resources** — The Secretary may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency, any State agency, or the Alaska Nanuuq Commission for purposes of carrying out this subchapter or the Agreement. (2) **Other powers and authorities** — Any person authorized by the Secretary under this subsection to enforce this subchapter or the Agreement shall have the authorities that are enumerated in [section 3375(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3375/b&num=0&edition=prelim). **(c) Ensuring compliance** (1) **Subchapter II authorities** — The Secretary may use authorities granted under subchapter II for enforcement, imposition of penalties, and the seizure of cargo for violations under this subchapter, provided that any polar bear or any part or product of a polar bear taken, imported, exported, possessed, transported, sold, received, acquired, purchased, exchanged, or bartered, or offered for sale, purchase, exchange, or barter in violation of this subchapter, shall be subject to seizure and forfeiture to the United States without any showing that may be required for assessment of a civil penalty or for criminal prosecution under this chapter. (2) **Additional authorities** — Any gun, trap, net, or other equipment used, and any vessel, aircraft, or other means of transportation used, to aid in the violation or attempted violation of this subchapter shall be subject to seizure and forfeiture under [section 1376 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1376&num=0&edition=prelim). **(d) Regulations** (1) **In general** — The Secretary shall promulgate such regulations as are necessary to carry out this subchapter and the Agreement. (2) **Ordinances and regulations** — If necessary to carry out this subchapter and the Agreement, and to improve compliance with any annual taking limit or other restriction on taking adopted by the Commission and implemented by the Secretary in accordance with this subchapter, the Secretary may promulgate regulations that adopt any ordinance or regulation that restricts the taking of polar bears for subsistence purposes if the ordinance or regulation has been promulgated by the Alaska Nanuuq Commission.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1376 — Seizure and forfeiture of cargo

**(a) Application of consistent provisions** Any vessel or other conveyance subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall have its entire cargo or the monetary value thereof subject to seizure and forfeiture. All provisions of law relating to the seizure, judicial forfeiture, and condemnation of cargo for violation of the customs laws, the disposition of such cargo, and the proceeds from the sale thereof, and the remission or mitigation of any such forfeiture, shall apply with respect to the cargo of any vessel or other conveyance seized in connection with the unlawful taking of a marine mammal insofar as such provisions of law are applicable and not inconsistent with the provisions of this subchapter. **(b) Penalties** Any vessel subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall be liable for a civil penalty of not more than $25,000. Such penalty shall be assessed by the district court of the United States having jurisdiction over the vessel. Clearance of a vessel against which a penalty has been assessed, from a port of the United States, may be withheld until such penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a maritime lien on such vessel which may be recovered by action in rem in the district court of the United States having jurisdiction over the vessel. **(c) Reward for information leading to conviction** Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the fine incurred but not to exceed $2,500 to any person who furnishes information which leads to a conviction for

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1423g — Application with other subchapters of chapter

**(a) In general** The authority of the Secretary under this subchapter is in addition to, and shall not affect— (1) the authority of the Secretary under other subchapters 11 See References in Text note below. of this chapter or the Lacey Act Amendments of 1981 ([16 U.S.C. 3371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3371&num=0&edition=prelim) et seq.) or the exemption for Alaskan natives under [section 1371(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/b&num=0&edition=prelim) as applied to other marine mammal populations; or (2) the authorities provided under subchapter III of this chapter. **(b) Certain provisions inapplicable** The provisions of subchapters II through V of this chapter do not apply with respect to the implementation or administration of this subchapter, except as specified in [section 1423b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1423b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1423b — Administration

Page 1842 TITLE 16—CONSERVATION § 1423 (B) involves a significant die-off of any marine mammal population; and (C) demands immediate response. (Pub. L. 92–522, title IV, § 410, formerly title III, § 309, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5066; renumbered title IV, § 409, and amended Pub. L. 103–238, § 24(b), (c)(7), (8), Apr. 30, 1994, 108 Stat. 565, 566; renumbered § 410, Pub. L. 106–555, title II, § 202(a)(1), Dec. 21, 2000, 114 Stat. 2767; Pub. L. 117–263, div. J, title CIV, § 10410, Dec. 23, 2022, 136 Stat. 3992.) Editorial Notes AMENDMENTS 2022—Par. (1). Pub. L. 117–263, § 10410(2), added par. (1). Former par. (1) redesignated (2). Par. (2). Pub. L. 117–263, § 10410(3), substituted ‘‘Except as used in section 1421f–1 of this title, the term’’ for ‘‘The term’’. Pub. L. 117–263, § 10410(1), redesignated par. (1) as (2). Former par. (2) redesignated (5). Pars. (3) to (9). Pub. L. 117–263, § 10410(1), (4), added pars. (3) and (4) and redesignated former pars. (2) to (6) as (5) to (9), respectively. 1994—Par. (1). Pub. L. 103–238, § 24(c)(7), made tech- nical amendment to reference to section 1421d(a) of this title to reflect renumbering of corresponding section of original act. Par. (5). Pub. L. 103–238, § 24(c)(8), made technical amendment to reference to section 1421f(a) of this title to reflect renumbering of corresponding section of original act. SUBCHAPTER VI—POLAR BEARS § 1423. Definitions In this subchapter: (1) Agreement The term ‘‘Agreement’’ means the Agree- ment Between the Government of the United States of America and the Government of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear Population, signed at Washington, D.C., on October 16, 20

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