---
kind: "section"
citation: "16 U.S.C. § 1423b"
title: "16"
title_heading: "Conservation"
number: "1423b"
heading: "Administration"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1423b"
units:
  - "Chapter 31 — Marine Mammal Protection"
  - "Subchapter VI — Polar Bears"
---

# §1423b. Administration

- (a) **In general—** The [Secretary](/usc/16/1423.md?p=5), acting through the Director of the [United States](/usc/16/1362.md?p=14) [Fish and Wildlife](/usc/16/3102.md?p=17) Service, shall do all things necessary and appropriate, including the promulgation of regulations, to implement, enforce, and administer the provisions of the [Agreement](/usc/16/1423.md?p=1) on behalf of the [United States](/usc/16/1362.md?p=14). The [Secretary](/usc/16/1423.md?p=5) shall consult with the Secretary of State and the [Alaska Nanuuq Commission](/usc/16/1423.md?p=2) on matters involving the implementation of the [Agreement](/usc/16/1423.md?p=1).
- (b) **Utilization of other government resources and authorities—**
  - (1) **Other government resources—** The [Secretary](/usc/16/1423.md?p=5) may utilize by [agreement](/usc/16/1423.md?p=1), with or without reimbursement, the personnel, services, and facilities of any other Federal agency, any [State](/usc/16/590q.md?p=a) agency, or the [Alaska Nanuuq Commission](/usc/16/1423.md?p=2) for purposes of carrying out this subchapter or the [Agreement](/usc/16/1423.md?p=1).
  - (2) **Other powers and authorities—** Any [person](/usc/16/1362.md?p=10) authorized by the [Secretary](/usc/16/1423.md?p=5) under this subsection to enforce this subchapter or the [Agreement](/usc/16/1423.md?p=1) shall have the authorities that are enumerated in [section 3375(b) of this title](/usc/16/3375.md?p=b).
- (c) **Ensuring compliance—**
  - (1) **Subchapter II authorities—** The [Secretary](/usc/16/1423.md?p=5) may use authorities granted under subchapter II for enforcement, imposition of penalties, and the seizure of cargo for [violations](/usc/16/620e.md?p=11) under this subchapter, provided that any polar bear or any [part or product of a polar bear](/usc/16/1423.md?p=4) taken, imported, exported, possessed, transported, sold, received, acquired, purchased, exchanged, or bartered, or offered for sale, purchase, exchange, or barter in [violation](/usc/16/620e.md?p=11) of this subchapter, shall be subject to seizure and forfeiture to the [United States](/usc/16/1362.md?p=14) 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](/usc/16/620e.md?p=11) or attempted [violation](/usc/16/620e.md?p=11) of this subchapter shall be subject to seizure and forfeiture under [section 1376 of this title](/usc/16/1376.md).
- (d) **Regulations—**
  - (1) **In general—** The [Secretary](/usc/16/1423.md?p=5) shall promulgate such regulations as are necessary to carry out this subchapter and the [Agreement](/usc/16/1423.md?p=1).
  - (2) **Ordinances and regulations—** If necessary to carry out this subchapter and the [Agreement](/usc/16/1423.md?p=1), and to improve compliance with any annual [taking](/usc/16/1423.md?p=6) limit or other restriction on [taking](/usc/16/1423.md?p=6) adopted by the [Commission](/usc/16/1423.md?p=7) and implemented by the [Secretary](/usc/16/1423.md?p=5) in accordance with this subchapter, the [Secretary](/usc/16/1423.md?p=5) may promulgate regulations that adopt any ordinance or regulation that restricts the [taking](/usc/16/1423.md?p=6) of polar bears for subsistence purposes if the ordinance or regulation has been promulgated by the [Alaska Nanuuq Commission](/usc/16/1423.md?p=2).

## Source credit

(Pub. L. 92–522, title V, § 503, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3662.)