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, 2000. (2) Alaska Nanuuq Commission The term ‘‘Alaska Nanuuq Commission’’ means the Alaska Native entity, in existence on January 12, 2007, that represents all vil- lages in the State of Alaska that engage in the annual subsistence taking of polar bears from the Alaska-Chukotka population and any suc- cessor entity. (3) Import The term ‘‘import’’ means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, with- out regard to whether the landing, bringing, or introduction constitutes an importation with- in the meaning of the customs laws of the United States. (4) Polar bear part or product The term ‘‘part or product of a polar bear’’ means any polar bear part or product, includ- ing the gall bile and gall bladder. (5) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (6) Taking The term ‘‘taking’’ has the meaning given the term in the Agreement. (7) Commission The term ‘‘Commission’’ means the commis- sion established under article 8 of the Agree- ment. (Pub. L. 92–522, title V, § 501, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3660.) § 1423a. Prohibitions (a) In general It is unlawful for any person who is subject to the jurisdiction of the United States or any per- son in waters or on lands under the jurisdiction of the United States— (1) to take any polar bear in violation of the Agreement; (2) to take any polar bear in violation of the Agreement or any annual taking limit or other restriction on the taking of polar bears that is adopted by the Commission pursuant to the Agreement; (3) to import, export, possess, transport, sell, receive, acquire, or purchase, exchange, bar- ter, or offer to sell, purchase, exchange, or barter any polar bear, or any part or product of a polar bear, that is taken in violation of paragraph (2); (4) to import, export, sell, purchase, ex- change, barter, or offer to sell, purchase, ex- change, or barter, any polar bear gall bile or polar bear gall bladder; (5) to attempt to commit, solicit another person to commit, or cause to be committed, any offense under this subsection; or (6) to violate any regulation promulgated by the Secretary to implement any of the prohi- bitions established in this subsection. (b) Exceptions For the purpose of forensic testing or any other law enforcement purpose, the Secretary, and Federal law enforcement officials, and any State or local law enforcement official author- ized by the Secretary, may import a polar bear or any part or product of a polar bear. (Pub. L. 92–522, title V, § 502, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3661.) § 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, in- cluding the promulgation of regulations, to im- plement, 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, Page 1843 TITLE 16—CONSERVATION § 1423d 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 sub- chapter or the Agreement shall have the au- thorities that are enumerated in section 3375(b) of this title. (c) Ensuring compliance (1) Subchapter II authorities The Secretary may use authorities granted under subchapter II for enforcement, imposi- tion 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, pos- sessed, transported, sold, received, acquired, purchased, exchanged, or bartered, or offered for sale, purchase, exchange, or barter in vio- lation 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 sec- tion 1376 of this title. (d) Regulations (1) In general The Secretary shall promulgate such regula- tions as are necessary to carry out this sub- chapter 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 restric- tion on taking adopted by the Commission and implemented by the Secretary in accordance with this subchapter, the Secretary may pro- mulgate 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. (Pub. L. 92–522, title V, § 503, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3662.) § 1423c. Cooperative management agreement; au- thority to delegate enforcement authority (a) In general The Secretary, acting through the Director of the United States Fish and Wildlife Service, may share authority under this subchapter for the management of the taking of polar bears for subsistence purposes with the Alaska Nanuuq Commission if such commission is eligible under subsection (b). (b) Delegation To be eligible for the management authority described in subsection (a), the Alaska Nanuuq Commission shall— (1) enter into a cooperative agreement with the Secretary under section 1388 of this title for the conservation of polar bears; (2) meaningfully monitor compliance with this subchapter and the Agreement by Alaska Natives; and (3) administer its co-management program for polar bears in accordance with— (A) this subchapter; and (B) the Agreement. (Pub. L. 92–522, title V, § 504, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3662.) § 1423d. Commission appointments; compensa- tion, travel expenses, and claims (a) Appointment of United States commissioners (1) Appointment The United States commissioners on the Commission shall be appointed by the Presi- dent, in accordance with paragraph 2 of article 8 of the Agreement, after taking into consider- ation the recommendations of— (A) the Secretary; (B) the Secretary of State; and (C) the Alaska Nanuuq Commission. (2) Qualifications With respect to the United States commis- sioners appointed under this subsection, in ac- cordance with paragraph 2 of article 8 of the Agreement— (A) 1 United States commissioner shall be an official of the Federal Government; (B) 1 United States commissioner shall be a representative of the Native people of Alaska, and, in particular, the Native people for whom polar bears are an integral part of their culture; and (C) both commissioners shall be knowl- edgeable of, or have expertise in, polar bears. (3) Service and term Each United States commissioner shall serve— (A) at the pleasure of the President; and (B) for an initial 4-year term and such ad- ditional terms as the President shall deter- mine. (4) Vacancies (A) In general Any individual appointed to fill a vacancy occurring before the expiration of any term of office of a United States commissioner shall be appointed for the remainder of that term. (B) Manner Any vacancy on the Commission shall be filled in the same manner as the original ap- pointment. (b) Alternate commissioners (1) In general The Secretary, in consultation with the Sec- retary of State and the Alaska Nanuuq Com- mission, shall designate an alternate commis- sioner for each member of the United States section. (2) Duties In the absence of a United States commis- sioner, an alternate commissioner may exer-