[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1109 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1109

  To conserve global bear populations by prohibiting the importation, 
exportation, and interstate trade of bear viscera and items, products, 
or substances containing, or labeled or advertised as containing, bear 
                    viscera, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 1999

 Mr. McConnell (for himself, Mr. Smith of New Hampshire, Mr. Kohl, Mr. 
 Frist, Mr. Gregg, Mr. Johnson, Mr. Warner, Mr. Cleland, Mr. Schumer, 
  Mr. Allard, Mr. Jeffords, Mr. Akaka, Mrs. Feinstein, Mr. Enzi, Mr. 
Robb, Mr. Grams, Mrs. Boxer, Mr. Lugar, Ms. Landrieu, Mr. Cochran, Mrs. 
Murray, Mr. Inhofe, Mr. Mack, Mr. Torricelli, Mr. Bingaman, Mr. Thomas, 
   Mr. Leahy, Mr. Campbell, Mr. Kennedy, Mr. Helms, Mr. Durbin, Mr. 
  Santorum, Mr. Lautenberg, Mr. Bunning, Mr. Moynihan, Mr. Kerry, Mr. 
 Wyden, Mr. Graham, Mr. Reid, Mr. Levin, and Mr. Lieberman) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To conserve global bear populations by prohibiting the importation, 
exportation, and interstate trade of bear viscera and items, products, 
or substances containing, or labeled or advertised as containing, 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 of 1999''.

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) Federal and State undercover operations have revealed 
        that American bears have been poached for their viscera;
            (5) 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
            (6) prohibitions against the importation into the United 
        States and exportation from the United States, as well as 
        prohibitions against the interstate trade, of bear viscera and 
        products containing, or labeled or advertised as containing, 
        bear viscera will assist in ensuring that the United States 
        does not contribute to the decline of any bear population as a 
        result of 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, or labeled or advertised as 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, or labeled or advertised as 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 or brains, 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, the 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) In General.--Except as provided in subsection (b), a person 
shall not--
            (1) import into, or export from, the United States bear 
        viscera or any product, item, or substance containing, or 
        labeled or advertised as containing, bear viscera; or
            (2) sell or barter, offer to sell or barter, purchase, 
        possess, transport, deliver, or receive, in interstate or 
        foreign commerce, bear viscera or any product, item, or 
        substance containing, or labeled or advertised as containing, 
        bear viscera.
    (b) Exception for Wildlife Law Enforcement Purposes.--A person 
described in subparagraph (B) or (C) of section 4(3) may import into, 
or export from, the United States, or transport between States, bear 
viscera or any product, item, or substance containing, or labeled or 
advertised as containing, bear viscera if the importation, exportation, 
or transportation--
            (1) is solely for wildlife law enforcement purposes; and
            (2) is authorized by a valid permit issued under Appendix I 
        or II of the Convention on International Trade in Endangered 
        Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249), in 
        any case in which such a permit is required under the 
        Convention.

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.

    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 
detailing the progress of efforts to end the illegal trade in bear 
viscera.
                                 <all>