Title 16ConservationRelease 119-73not60

§1423b Administration

Title 16 › Chapter 31— MARINE MAMMAL PROTECTION › Subchapter VI— POLAR BEARS › § 1423b

Last updated Apr 5, 2026|Official source

Summary

The Secretary, through the Director of the U.S. Fish and Wildlife Service, must take whatever steps are needed, including making rules, to carry out, enforce, and run the Agreement for the United States. The Secretary must consult with the Secretary of State and the Alaska Nanuuq Commission on implementation. The Secretary may make agreements, with or without payment, to use people, services, and facilities from other federal or state agencies or the Alaska Nanuuq Commission. Anyone the Secretary authorizes to enforce the law has the powers listed in section 3375(b). The Secretary can use powers in subchapter II to enforce rules, impose penalties, and seize cargo. Any polar bear or any part or product of a polar bear involved in a violation must be seized and forfeited to the United States without the usual showing needed for civil penalties or criminal cases. Weapons, traps, nets, or transport used to help a violation can be seized and forfeited under section 1376. The Secretary must make any regulations needed to carry out this subchapter and the Agreement and may adopt restrictions made by the Alaska Nanuuq Commission on subsistence taking of polar bears if needed to meet limits set by the Commission.

Full Legal Text

Title 16, §1423b

Conservation — Source: USLM XML via OLRC

(a)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)(1)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)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.
(c)(1)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)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.
(d)(1)The Secretary shall promulgate such regulations as are necessary to carry out this subchapter and the Agreement.
(2)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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 1423b

Title 16Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60