[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 397 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 397

  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 HOUSE OF REPRESENTATIVES

                            February 6, 2001

     Mr. Gallegly (for himself, Mr. Bereuter, Mr. George Miller of 
 California, Mrs. Johnson of Connecticut, Mr. Lantos, Mr. Gilman, Mr. 
  Abercrombie, Mr. Leach, Mr. Tancredo, Mr. Smith of New Jersey, Mr. 
Pallone, Mr. Shays, Mr. Smith of Washington, Mr. Whitfield, Mr. Levin, 
   Mr. Kolbe, Mr. Ackerman, Mr. Greenwood, Mr. Berman, Mr. Horn, Mr. 
 Wexler, Mr. Mica, Mr. Menendez, Mr. Bass, Ms. Lee, Mr. Boehlert, Mr. 
Kleczka, Mr. Inslee, Mr. Nadler, Mrs. Maloney of New York, Ms. Woolsey, 
Ms. Pelosi, Mr. Doyle, Mr. Boucher, Ms. Norton, Mr. Borski, Mr. Olver, 
  Ms. Baldwin, Mr. Price of North Carolina, Ms. Rivers, Mr. Holt, Mr. 
 Neal of Massachusetts, Mr. Bentsen, Mr. Blagojevich, Mr. Lampson, Mr. 
 Filner, Mr. Pascrell, Ms. Eshoo, Ms. Schakowsky, Mr. Blumenauer, Mr. 
Rothman, Mrs. Mink of Hawaii, Mr. Simmons, Mr. Weiner, Ms. DeLauro, Mr. 
Costello, Mr. Luther, Mr. Kucinich, Mr. Sherman, Mr. Frelinghuysen, Ms. 
Carson of Indiana, Mr. Thompson of California, Mr. Lipinski, Mr. Green 
 of Wisconsin, Mr. Evans, Mr. Delahunt, Mr. Phelps, Mr. Oberstar, Mr. 
 Baird, Mr. Hinchey, Mr. Ehlers, Ms. McKinney, Ms. Roybal-Allard, Mr. 
Frank, Mr. Payne, Mr. Tierney, and Mr. Stark) introduced the following 
bill; which was referred to the Committee on Resources, and in addition 
to the Committees on International Relations, and Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 2001''.

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 listed on 
        Appendix I or II, and the Parties to CITES adopted a resolution 
        in 1997 (Conf. 10.8) urging the Parties to take immediate 
        action to demonstrably reduce the illegal trade in bear parts;
            (3) thousands of bears in Asia are cruelly confined in 
        small cages to be milked for their bile, and the wild Asian 
        bear population has 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 interstate and 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) 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) 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 purposes of enforcing laws relating to 
        the protection of wildlife; 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) Seizure and Forfeiture.--Any bear viscera or any product, item, 
or substance exported, imported, sold, bartered, attempted to be 
exported, imported, sold, bartered, offered for sale or barter, 
purchased, possessed, transported, delivered, or received 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 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 BEAR CONSERVATION AND THE BEAR PARTS 
              TRADE.

    The Secretary shall continue discussions concerning trade in bear 
viscera with the appropriate representatives of Parties to the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora and with other representatives of countries that are not 
party to the Convention which are determined by the Secretary and the 
United States Trade Representative to be the leading importers, 
exporters, or consumers of bear viscera, in order to seek to establish 
coordinated efforts with these countries to protect bears.

SEC. 8. CERTAIN RIGHTS NOT AFFECTED.

    Except as provided in section 5, nothing in this Act shall be 
construed to affect the regulation by any State of its bear population 
or to affect the hunting of bears that is lawful under applicable State 
laws and regulations.
                                 <all>