[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1125 Introduced in Senate (IS)]



107th CONGRESS
  1st Session
                                S. 1125

  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

                             June 28, 2001

   Mr. McConnell (for himself, Mr. Akaka, Mr. Allard, Mr. Bayh, Mr. 
 Bingaman, Mr. Cleland, Mr. Cochran, Mr. Edwards, Mr. Fitzgerald, Mr. 
 Frist, Mr. Graham, Mr. Helms, Mr. Inhofe, Mr. Jeffords, Mr. Kennedy, 
Mr. Kerry, Mr. Kohl, Mr. Kyl, Mr. Leahy, Mr. Levin, Mr. Reed, Mr. Smith 
of Oregon, Mr. Smith of New Hampshire, Mr. Specter, Mr. Torricelli, and 
  Mr. Wyden) 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 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);
            (2)(A) 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
            (B) 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)(A) thousands of bears in Asia are cruelly confined in 
        small cages to be milked for their bile; and
            (B) 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 the blood or brains, of a species of 
        bear.
            (2) CITES.--The term ``CITES'' means the Convention on 
        International Trade in Endangered Species of Wild Fauna and 
        Flora (27 UST 1087; TIAS 8249).
            (3) Import.--The term ``import'' means to land on, bring 
        into, or introduce into any place subject to the jurisdiction 
        of the United States, regardless of whether the landing, 
        bringing, or introduction constitutes an importation within the 
        meaning of the customs laws of the United States.
            (4) 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 or political subdivision of 
                        a State; or
                            (iii) any foreign government; and
                    (C) any other entity subject to the jurisdiction of 
                the United States.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) 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.
            (7) 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 section 4(4)(B) 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 the purpose of enforcing laws relating to 
        the protection of wildlife; and
            (2) is authorized by a valid permit issued under Appendix I 
        or II of CITES, in any case in which such a permit is required 
        under CITES.

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 imported, exported, sold, bartered, attempted to be 
imported, exported, sold, or 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.

    In order to seek to establish coordinated efforts with other 
countries to protect bears, the Secretary shall continue discussions 
concerning trade in bear viscera with--
            (1) the appropriate representatives of Parties to CITES; 
        and
            (2) the appropriate representatives of countries that are 
        not parties to CITES and that are determined by the Secretary 
        and the United States Trade Representative to be the leading 
        importers, exporters, or consumers of bear viscera.

SEC. 8. CERTAIN RIGHTS NOT AFFECTED.

    Except as provided in section 5, nothing in this Act affects--
            (1) the regulation by any State of the bear population of 
        the State; or
            (2) any hunting of bears that is lawful under applicable 
        State law (including regulations).
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