1. U.S. Code
  2. title 16
  3. chapter 31
  4. subchapter VI
  5. § 1423b

Collapse to view only § 1423b. Administration

§ 1423. Definitions
In this subchapter:
(1) Agreement
(2) Alaska Nanuuq Commission
(3) Import
(4) Polar bear part or product
(5) Secretary
(6) Taking
(7) Commission
(Pub. L. 92–522, title V, § 501, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3660.)

CITE AS: 16 USC 1423

§ 1423a. Prohibitions
(a) In general
It is unlawful for any person who is subject to the jurisdiction of the United States or any person 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, barter, 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, exchange, barter, or offer to sell, purchase, exchange, 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 prohibitions established in this subsection.
(b) Exceptions
(Pub. L. 92–522, title V, § 502, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3661.)

CITE AS: 16 USC 1423a

§ 1423b. Administration
(a) In general
(b) Utilization of other government resources and authorities
(1) Other government resources
(2) Other powers and authorities
(c) Ensuring compliance
(1) Subchapter II authorities
(2) Additional authorities
(d) Regulations
(1) In general
(2) Ordinances and regulations
(Pub. L. 92–522, title V, § 503, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3662.)

CITE AS: 16 USC 1423b

§ 1423c. Cooperative management agreement; authority to delegate enforcement authority
(a) In general
(b) DelegationTo 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.)

CITE AS: 16 USC 1423c

§ 1423d. Commission appointments; compensation, travel expenses, and claims
(a) Appointment of United States commissioners
(1) Appointment
The United States commissioners on the Commission shall be appointed by the President, in accordance with paragraph 2 of article 8 of the Agreement, after taking into consideration 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 commissioners appointed under this subsection, in accordance 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 knowledgeable 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 additional terms as the President shall determine.
(4) Vacancies
(A) In general
(B) Manner
(b) Alternate commissioners
(1) In general
(2) Duties
(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
(d) Compensation and expenses
(1) Compensation
(2) Travel expenses
(e) Agency designation
(Pub. L. 92–522, title V, § 505, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3663.)

CITE AS: 16 USC 1423d

§ 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 disagreement between the United States commissioners regarding the vote.

(Pub. L. 92–522, title V, § 506, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3664.)

CITE AS: 16 USC 1423e

§ 1423f. Implementation of actions taken by the Commission
(a) In general
(b) Taking limitation
(Pub. L. 92–522, title V, § 507, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3664.)

CITE AS: 16 USC 1423f

§ 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 1
1 See References in Text note below.
of this chapter or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) or the exemption for Alaskan natives under section 1371(b) of this title as applied to other marine mammal populations; or
(2) the authorities provided under subchapter III of this chapter.
(b) Certain provisions inapplicable
(Pub. L. 92–522, title V, § 508, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3664.)

CITE AS: 16 USC 1423g

§ 1423h. Authorization of appropriations
(a) In general
(b) Commission
(c) Alaskan cooperative management program
(Pub. L. 92–522, title V, § 509, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3665.)

CITE AS: 16 USC 1423h