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






                                                       Calendar No. 518
105th CONGRESS
  2d Session
                                 S. 263

                          [Report No. 105-281]

      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,  Mr. Inouye, Mr. Daschle, Mr. Campbell, Mr. Faircloth, Mr. 
Bingaman, Mr. Lieberman, Ms. Moseley-Braun, Mr. Durbin, Mr. Torricelli, 
   Mr. Thomas, Mr. Santorum, Mr. Graham, Mr. Mack, Mr. Cleland, Mr. 
Specter, Mr. Akaka, Mr. Hatch, Mr. Lautenberg, Mr. Reed, Mr. Gregg, Ms. 
    Landrieu, Mr. Levin, Mr. Bond, Ms. Mikulski, Mr. Wellstone, Mr. 
 Johnson, and Mr. Frist) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

                             July 31, 1998

Reported by Mr. Chafee, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Bear Protection 
Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) increasingly, undercover operations have 
        discovered that poachers are establishing extensive smuggling 
        networks to illegally commercialize American bears;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>  (7) inconsistency in State prohibition of 
        commercialization of bear gall and inadequate Federal 
        regulation of such commercialization make law enforcement 
        difficult; and</DELETED>
        <DELETED>  (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.</DELETED>

<DELETED>SEC. 3. PURPOSE.</DELETED>

<DELETED>  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.</DELETED>

<DELETED>SEC. 4. STATEMENT OF POLICY.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 5. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Bear viscera.--The term ``bear viscera'' means 
        the body fluids or internal organs (including the gallbladder) 
        of a species of bear.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 6. PROHIBITED ACTS.</DELETED>

<DELETED>    A person who--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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;</DELETED>
<DELETED>shall be subject to section 7(a).</DELETED>

<DELETED>SEC. 7. PENALTIES AND ENFORCEMENT.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Enforcement.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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)).</DELETED>

<DELETED>SEC. 8. DISCUSSIONS CONCERNING TRADE PRACTICES.</DELETED>

<DELETED>    (a) In General.--The Secretary of the Interior and the 
United States Trade Representative shall--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) attempt to establish coordinated efforts with 
        the countries to protect bears.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bear Protection Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) all 8 extant species of bear--Asian black bear, brown 
        bear, polar bear, American black bear, spectacled bear, giant 
        panda, sun bear, and sloth bear--are listed on Appendix I or II 
        of the Convention on International Trade in Endangered Species 
        of Wild Fauna and Flora (27 UST 1087; TIAS 8249) (referred to 
        in this section as ``CITES'');
            (2) Article XIV of CITES provides that Parties to CITES may 
        adopt stricter domestic measures regarding the conditions for 
        trade, taking, possession, or transport of species on Appendix 
        I or II, and the Parties to CITES adopted a resolution (Conf. 
        10.8) urging Parties to take immediate action to demonstrably 
        reduce the illegal trade in bear parts and derivatives;
            (3) the Asian bear populations have declined significantly 
        in recent years, as a result of habitat loss and poaching due 
        to a strong demand for bear viscera used in traditional 
        medicines and cosmetics;
            (4) while most American black bear populations are 
        generally stable or increasing, commercial trade could 
        stimulate poaching and threaten certain populations if the 
        demand for bear viscera increases; and
            (5) prohibitions against the importation into the United 
        States and exportation from the United States of bear viscera 
        and products containing bear viscera will assist in ensuring 
        that the United States does not contribute to the commercial 
        trade in bear viscera.

SEC. 3. PURPOSES.

    The purpose of this Act is to ensure the long-term viability of the 
world's 8 bear species by--
            (1) prohibiting international trade in bear viscera and 
        products containing bear viscera;
            (2) encouraging bilateral and multilateral efforts to 
        eliminate such trade; and
            (3) ensuring that adequate Federal legislation exists with 
        respect to domestic trade in bear viscera and products 
        containing bear viscera.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Bear viscera.--The term ``bear viscera'' means the body 
        fluids or internal organs, including the gallbladder and its 
        contents but not including blood, of a species of bear.
            (2) Import.--The term ``import'' means to land on, bring 
        into, or introduce into any place subject to the jurisdiction 
        of the United States, whether or not the landing, bringing, or 
        introduction constitutes an importation within the meaning of 
        the customs laws of the United States.
            (3) Person.--The term ``person'' means--
                    (A) an individual, corporation, partnership, trust, 
                association, or other private entity;
                    (B) an officer, employee, agent, department, or 
                instrumentality of--
                            (i) the Federal Government;
                            (ii) any State, municipality, or political 
                        subdivision of a State; or
                            (iii) any foreign government;
                    (C) a State, municipality, or political subdivision 
                of a State; and
                    (D) any other entity subject to the jurisdiction of 
                the United States.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means a State, the District 
        of Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, Guam, Commonwealth of the Northern Mariana Islands, 
        American Samoa, and any other territory, commonwealth, or 
        possession of the United States.
            (6) Transport.--The term ``transport'' means to move, 
        convey, carry, or ship by any means, or to deliver or receive 
        for the purpose of movement, conveyance, carriage, or shipment.

SEC. 5. PROHIBITED ACTS.

    A person shall not--
            (1) import into, or export from, the United States bear 
        viscera or any product, item, or substance derived from bear 
        viscera; or
            (2) sell or barter, offer to sell or barter, purchase, 
        possess, transport, deliver, or receive in foreign commerce 
        bear viscera or any product, item, or substance derived from 
        bear viscera.

SEC. 6. PENALTIES AND ENFORCEMENT.

    (a) Criminal Penalties.--A person that knowingly violates section 5 
shall be fined under title 18, United States Code, imprisoned not more 
than 1 year, or both.
    (b) Civil Penalties.--
            (1) Amount.--A person that knowingly violates section 5 may 
        be assessed a civil penalty by the Secretary of not more than 
        $25,000 for each violation.
            (2) Manner of assessment and collection.--A civil penalty 
        under this subsection shall be assessed, and may be collected, 
        in the manner in which a civil penalty under the Endangered 
        Species Act of 1973 may be assessed and collected under section 
        11(a) of that Act (16 U.S.C. 1540(a)).
    (c) Products, Items, and Substances.--Any bear viscera, or any 
product, item, or substance sold, imported, or exported, or attempted 
to be sold, imported, or exported, in violation of this section 
(including any regulation issued under this section) shall be seized 
and forfeited to the United States.
    (d) Regulations.--After consultation with the Secretary of the 
Treasury, the Secretary of Health and Human Services, and the United 
States Trade Representative, the Secretary shall issue such regulations 
as are necessary to carry out this section.
    (e) Enforcement.--The Secretary, the Secretary of the Treasury, and 
the Secretary of the department in which the Coast Guard is operating 
shall enforce this section in the manner in which the Secretaries carry 
out enforcement activities under section 11(e) of the Endangered 
Species Act of 1973 (16 U.S.C. 1540(e)).
    (f) Use of Penalty Amounts.--Amounts received as penalties, fines, 
or forfeiture of property under this section shall be used in 
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 
U.S.C. 3375(d)).

SEC. 7. DISCUSSIONS CONCERNING TRADE PRACTICES.

    The Secretary and the Secretary of State shall discuss issues 
involving trade in bear viscera with the appropriate representatives of 
countries trading with the United States that are determined by the 
Secretary and the United States Trade Representative to be the leading 
importers, exporters, or consumers of bear viscera, and attempt to 
establish coordinated efforts with the countries to protect bears.

SEC. 8. REPORT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in cooperation with appropriate State 
agencies, shall submit to the Committee on Environment and Public Works 
of the Senate and the Committee on Resources of the House of 
Representatives a report providing--
            (1) information relating to illegal trade in bear viscera 
        and products containing bear viscera within the United States, 
        and between the United States and foreign countries;
            (2) an assessment of whether any such trade is affecting, 
        or may affect, any bear populations in the United States or in 
        foreign countries;
            (3) an assessment of State and Federal law enforcement 
        efforts regarding any such trade;
            (4) recommendations on additional legislation to address 
        interstate trade in illegally taken bear viscera; and
            (5) recommendations on additional actions to protect native 
        bears in foreign countries.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $400,000 for fiscal year 1999.
            Amend the title so as to read: ``A bill to prohibit the 
        importation or exportation of, and foreign commerce in, bear 
        viscera and items, products, or substances containing bear 
        viscera, and for other purposes.''.
                                                       Calendar No. 518

105th CONGRESS

  2d Session

                                 S. 263

                          [Report No. 105-281]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 31, 1998

        Reported with an amendment and an amendment to the title