[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 263 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 263

      To prohibit the import, export, sale, purchase, possession, 
 transportation, acquisition, and receipt of bear viscera or products 
 that contain or claim to contain bear viscera, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 5, 1997

 Mr. McConnell (for himself, Mr. Smith of New Hampshire, Mr. Cochran, 
Mr. Inhofe, Mr. Warner, Mr. D'Amato, Mr. Allard, Mr. Kyl, Mr. Jeffords, 
 Mr. DeWine, Mr. Lugar, Mr. Leahy, Mr. Moynihan, Mr. Craig, Mr. Reid, 
 Mr. Bumpers, Mr. Wyden, Mr. Kennedy, Mrs. Boxer, Mrs. Feinstein, Mr. 
 Kerry, and Mr. Inouye) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
      To prohibit the import, export, sale, purchase, possession, 
 transportation, acquisition, and receipt of bear viscera or products 
 that contain or claim to contain bear viscera, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bear Protection Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there are eight extant species of bear: Asian black 
        bear, brown bear, polar bear, American black bear, spectacled 
        bear, giant panda, sun bear, and sloth bear;
            (2) the Asian black bear populations have been decimated in 
        recent years by illegal trade to supply the growing demand for 
        medicines and cosmetics containing valuable bear viscera;
            (3) without immediate action to end United States 
        involvement in the lucrative black market trade in bear 
        viscera, American bear populations may suffer the same 
        devastating losses as Asian bear populations;
            (4) increasingly, undercover operations have discovered 
        that poachers are establishing extensive smuggling networks to 
        illegally commercialize American bears;
            (5) because it is practically impossible to distinguish the 
        viscera of CITES appendix I bears from the viscera of other 
        bear species, there is an urgent need to eliminate the trade in 
        the viscera of all bear species;
            (6) as a party to CITES, a world leader in wildlife 
        conservation, and a large market for and supplier of bear 
        viscera and products, the United States shares responsibility 
        for supporting and implementing measures to stop the illegal 
        trade in CITES appendix I Asian black bears and CITES appendix 
        II American black bears;
          (7) inconsistency in State prohibition of commercialization 
        of bear gall and inadequate Federal regulation of such 
        commercialization make law enforcement difficult; and
          (8) individual States, which have the right to set, maintain, 
        and enforce quotas for the legal hunting of black bears, will 
        be assisted in their management efforts by the enactment of a 
        Federal law banning the import of, export of, and interstate 
        commerce in bear viscera.

SEC. 3. PURPOSE.

  The purpose of this Act is to ensure the long-term viability of the 
world's eight bear species and specifically to perpetuate healthy 
populations of American bears.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States that effective long-term 
conservation of the world's bear species, including North American 
bears, depends in part on the prohibition of the lucrative trade in 
bear viscera.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Bear viscera.--The term ``bear viscera'' means the body 
        fluids or internal organs (including the gallbladder) of a 
        species of bear.
            (2) CITES.--The term ``CITES'' means the Convention on 
        International Trade in Endangered Species of Wild Fauna and 
        Flora, done at Washington on March 3, 1973 (27 UST 1087; TIAS 
        8249).
            (3) Other terms.--The terms ``import'', ``person'', 
        ``State'', and ``transport'' have the meanings provided in 
        section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371).

SEC. 6. PROHIBITED ACTS.

    A person who--
            (1) imports into the United States, or exports from the 
        United States, bear viscera or products that contain or claim 
        to contain bear viscera; or
            (2) sells, barters, offers to sell or barter, purchases, 
        possesses with intent to sell or barter, transports, acquires, 
        or receives in interstate or foreign commerce, bear viscera or 
        products that contain or claim to contain bear viscera;
shall be subject to section 7(a).

SEC. 7. PENALTIES AND ENFORCEMENT.

    (a) In General.--A person who engages in conduct described in 
section 6 shall be subject to the penalties and sanctions provided in 
sections 4 and 5 of the Lacey Act Amendments of 1981 (16 U.S.C. 3373 
and 3374).
    (b) Enforcement.--
            (1) In general.--This Act shall be enforced in the manner 
        provided in subsections (a), (b), and (c) of section 6 of the 
        Lacey Act Amendments of 1981 (16 U.S.C. 3375).
            (2) Use of penalty amounts for rewards and incidental 
        expenses.--Amounts received as penalties, fines, or forfeiture 
        of property under subsection (a) shall be used in accordance 
        with section 6(d) of the Lacey Act Amendments of 1981 (16 
        U.S.C. 3375(d)).

SEC. 8. DISCUSSIONS CONCERNING TRADE PRACTICES.

    (a) In General.--The Secretary of the Interior and the United 
States Trade Representative shall--
            (1) discuss issues involving trade in bear viscera with the 
        appropriate representatives of such countries trading with the 
        United States as are determined jointly by the Secretary of the 
        Interior and the Secretary of Commerce to be the leading 
        importers, exporters, or consumers of bear viscera; and
            (2) attempt to establish coordinated efforts with the 
        countries to protect bears.
    (b) Report.--Not later than 5 years after the date of enactment of 
this Act, the Secretary of the Interior shall submit to Congress a 
report describing the progress of efforts to end illegal trade in bear 
viscera.
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