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

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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Source file: Laws/federal/codes/united-states-code/title-16/section-1423g-application-with-other-subchapters-of-chapter--68db30f634.md
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Source location: Title 16, Chapter 31, § 1423g; chapter-031-marine-mammal-protection.md

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

16 U.S.C. § 3371 — Definitions

For the purposes of this chapter: **(a) Breed.—** The term “breed” means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction. **(b)** The term “fish or wildlife” means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or offspring thereof. **(c)** The term “import” means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. **(d)** The term “Indian tribal law” means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim). **(e)** The terms “law,” “treaty,” “regulation,” and “Indian tribal law” mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale of fish or wildlife or plants. **(f)** The term “person” includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. **(g) Plant.—** (1) **In general.—** — The terms “p

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

18 U.S.C. § 42 — Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations

**(a)** (1) The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called “flying foxes” or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; of the quagga mussel of the species Dreissena rostriformis or Dreissena bugensis; of the bighead carp of the species Hypophthalmichthys nobilis; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act,11 See References in Text note below. insofar as such importation is subject to regulation under that Act. (2) As used in this subsection, the term “wild” relates to any cr

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

16 U.S.C. § 1423b — Administration

**(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 prosecut

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

16 U.S.C. § 1540 — Penalties and enforcement

**(a) Civil penalties** (1) Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of this chapter, or any provision of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A), (B), (C), (D), (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than regulation relating to recordkeeping or filing of reports), (f) or (g) of [section 1538 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1538&num=0&edition=prelim), may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of any other regulation issued under this chapter may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation. Any person who otherwise violates any provision of this chapter, or any regulation, permit, or certificate issued hereunder, may be assessed a civil penalty by the Secretary of not more than $500 for each such violation. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court sh

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

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

Page 1844 TITLE 16—CONSERVATION § 1423e 1 See References in Text note below. 1 So in original. Probably should not be capitalized. cise all functions of the United States com- missioner at any meetings of the Commission or of the United States section. (3) Reappointment An alternate commissioner— (A) shall be eligible for reappointment by the President; and (B) may attend all meetings of the United States section. (c) Duties The members of the United States section may carry out the functions and responsibilities described in article 8 of the Agreement in ac- cordance with this subchapter and the Agree- ment. (d) Compensation and expenses (1) Compensation A member of the United States section shall serve without compensation. (2) Travel expenses A member of the United States section shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5 while away from the home or regular place of business of the mem- ber in the performance of the duties of the United States-Russia Polar Bear Commission. (e) Agency designation The United States section shall, for the pur- pose of title 28 relating to claims against the United States and tort claims procedure, be con- sidered to be a Federal agency. (Pub. L. 92–522, title V, § 505, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3663.) § 1423e. Votes taken by the United States section on matters before the Commission In accordance with paragraph 3 of article 8 of the Agreement, the United States section, made up of commissioners appointed by the President, shall vote on any issue before the United States- Russia Polar Bear Commission only if there is no disagreemen

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

16 U.S.C. § 3371 — Definitions

Page 2285 TITLE 16—CONSERVATION § 3371 § 3343. Construction with fishery conservation and management provisions (a) Consistency Nothing in this chapter shall be construed as affecting the provisions of title III of the Mag- nuson-Stevens Fishery Conservation and Man- agement Act [16 U.S.C. 1851 et seq.] as it applies with respect to fishery management plans and their application to any fishery, except that the Pacific Fishery Management Council shall en- sure that existing and future fishery manage- ment plans are consistent with any rec- ommended program approved under section 3311 of this title and any enhancement plan under subchapter III. (b) Fleet mobility The Secretary of Commerce in coordination with the Pacific Fishery Management Council in its salmon management plan shall ensure that the fishing effort reduction that results from the fleet adjustment program of subchapter IV and the license moratorium of the State of Washington is not replaced by new fishing effort from outside such State. (Pub. L. 96–561, title I, § 142, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3286, 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331. Title III of the Act is classified generally to subchapter IV (§ 1851 et seq.) of chapter 38 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–208 substituted ‘‘Magnu- son-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. 1980—Subsec. (a). Pub. L. 96–

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