Short title

This Act may be cited as the

Bear Poaching Elimination Act

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 in appendix I or II of CITES; (2)article XIV of CITES provides that Parties to CITES may adopt stricter domestic measures regarding the conditions for the trade, taking, possession, or transport of species listed in 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)in Asia, thousands of bears are cruelly confined in small cages to be milked for their bile, and bear populations in Asia have declined significantly in recent years as a result of habitat loss and poaching driven by a strong demand for bear viscera for use 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 and exportation from the United States, as well as prohibitions against the interstate trade, of bear viscera and bear viscera products 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.

Purposes

The purpose of this Act is to ensure the long-term viability of the 8 extant bear species by— (1)prohibiting interstate and international trade in bear viscera and bear viscera products; (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 bear viscera products.

Definitions

In this Act: (1)

Bear viscera

The term bear viscera means, with respect to a species of bear, body fluids or internal organs— (A)including the gallbladder and its contents; and (B)not including blood or brains. (2)

Bear viscera product

The term bear viscera product means any item, product, or substance containing, or labeled or advertised as containing, bear viscera. (3)

CITES

The term CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249). (4)

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 such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (5)

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)a State, municipality, or political subdivision of a State; or (iii)a foreign government; and (C)any other entity subject to the jurisdiction of the United States. (6)

Secretary

The term Secretary means the Secretary of the Interior. (7)

State

The term State means each of the several States, the District of Columbia, and each territory and possession of the United States.

Prohibited acts

(a)

In general

Except as provided in subsection (b), it shall be unlawful for any person to— (1)import into, or export from, the United States bear viscera or any bear viscera product; 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 bear viscera product. (b)

Exception for wildlife law enforcement purposes

A person described in section 4(5)(B) may carry out an activity prohibited under subsection (a) if such activity is— (1)solely for the purpose of enforcing a law relating to the protection of wildlife; and (2)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.

Penalties and enforcement

(a)

Criminal penalties

A person that knowingly violates section 5(a) shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. (b)

Civil penalties

(1)

Amount

A person that knowingly violates section 5(a) 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 collected in the manner in which a civil penalty under the Endangered Species Act of 1973 is assessed and collected under section 11(a) of that Act (16 U.S.C. 1540(a)). (c)

Seizure and forfeiture

Any bear viscera or bear viscera product treated in a manner that violates section 5(a), or any regulation issued pursuant thereto, shall be subject to seizure and forfeiture to the United States. (d)

Regulations

The Secretary shall, in consultation with the Secretary of the Treasury and the United States Trade Representative, issue such regulations as are necessary to carry out this Act. (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 Act 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 sums received

Sums received as penalties, fines, or forfeiture of property for any violation of section 5(a), or any regulation issued pursuant thereto, shall be used in accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)).

Discussions concerning bear conservation and the bear viscera trade

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

Certain rights not affected

Except as provided in section 5, nothing in this Act shall be construed to affect— (1)the regulation by a State of a bear population of that State; (2)the hunting of bears in a State that is in a manner that is lawful under the laws and regulations of that State; or (3)the use of bear viscera or any bear viscera product as part of a traditional Native American ritual or ceremony.