[Congressional Record Volume 145, Number 75 (Monday, May 24, 1999)]
[Senate]
[Pages S5859-S5862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 1109. A bill to conserve global bear populations by prohibiting 
the importance, 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; to the Committee on 
Environment and Public Works.


                        the bear protection act

  Mr. McCONNELL. Mr. President, I rise today to introduce the Bear 
Protection Act. This legislation, which I sponsored in the 105th 
Congress, is aimed at eliminating the poaching of America's bears for 
profit. As you may know, bear parts, such as gall bladders and bile, 
which are commonly referred to as ``viscera,'' have traditionally been 
used in myriad Asian medicines--for everything from diabetes to heart 
disease to hangovers, and in luxury shampoos and cosmetics. Due to the 
popularity of these products containing bear viscera, Asian bear 
populations have been decimated, causing poachers to run to American 
bears to meet the increasing demand.
  Mr. President, the practice of poaching bears for viscera is both a 
national and international problem. Asian and American bear populations 
are threatened by high demand for and low supply of bear parts and by 
the black market trade in exotic and traditional medicine cures. The 
problem is compounded by the fact that the poaching of bears for their 
viscera is a very profitable enterprise, and one in which at least 18 
Asian countries are known to participate. In fact, bear gall bladders 
in South Korea, for instance, are worth more than their weight in gold, 
fetching a price of about $10,000 a piece.
  Mr. President, each year, nearly 40,000 black bears are legally 
hunted in 36 States and Canada. Unfortunately, it has been estimated 
that roughly the same number is illegally poached every year, according 
to a former chief law enforcement officer with the U.S. Fish and 
Wildlife Service. While I am pleased to report that for the most part, 
U.S. bear populations have remained stable or are increasing, I 
continue to remain concerned about the threat posed by unchecked 
poaching.
  Since 1981, State and Federal wildlife agents have conducted many 
successful undercover operations to aimed at exposing the illegal 
slaughter of American bears. As recently as this past February, a group 
of State and Federal officers arrested 25 people in Virginia and 
charged them with 112 wildlife violations including bear poaching as 
part of Operations SOUP, or ``Special Operation to Uncover Poaching.'' 
Operation SOUP is a major undercover investigation, which has been 
ongoing for three years and is aimed at the trafficking of gall 
bladders and other bear parts from black bears in Virginia and 
Shenandoah National Park.
  Mr. President, I have with me two press releases from the Virginia 
Department of Game and Inland Fishing, as well as an article from the 
Washington Post which I would like to have placed in the Record.
  Mr. President, as these and other news reports will attest, this 
problem with poaching and trading bear parts must be addressed. 
Although many States and the U.S. Fish and Wildlife Service are making 
efforts to combat this problem, these agencies have neither the funds 
nor the resources to adequately solve the problem. Moreover, there are 
loopholes created by a patchwork of State laws that allow these illegal 
practices to flourish. There are fourteen States in which the sale of 
bear gall bladders is legal--eight of those States limit the sale to 
viscera taken from bears in other States, and there are five States 
that have no law in this regard. This patchwork of State laws enables 
poachers to ``launder'' the gall through the States that permit the 
sale of gall bladders. As long as a few States allow this action to go 
on, poaching for profit will continue.
  Mr. President, as I mentioned earlier, this is both a national and 
international problem--and it is a growing problem. The Convention on 
International Trade in Endangered Species (CITES), to which the United 
States is a party, has recognized the issue of bear conservation as a 
global issue. In fact, CITES has noted that ``the continued illegal 
trade is bear parts and derivatives of bear parts undermines the 
effectiveness of the Convention and that if CITES parties . . . do not 
take action to eliminate such trade, poaching may cause declines of 
wild bears that could lead to the extirpation of certain populations or 
even species.'' The Convention goes on to say that in order to achieve 
this goal, ``submitted and measurable action'' must be taken--this 
includes adopting national legislation.
  I would like to point out that members of the U.S. delegation to the 
CITES Convention contributed to the drafting of that resolution, and in 
doing so, made a strong statement about the need to strengthen our 
national commitment to eradicating the poaching of bears. Recently, the 
Secretariat pointed out that bear poaching is most likely to flourish 
in countries that have inconsistent internal trade, import, and export 
controls. In such instances where there are differences in national, 
Federal, and State laws, the Secretariat asserts that confusion and 
enforcement difficulties arise which will contribute to the 
availability of bear viscera that can become available for 
international trade.
  Mr. President, in order to halt the poaching of America's bears, we 
need to effectuate legislation that not only prohibits the import and 
export of bear viscera, but we need to close the loopholes in State 
laws that encourage poachers to evade the law. To effectively reduce 
the laundering of bear viscera through the United States, all states 
must have a minimum level of protection. We must also stop the import 
and export of bear viscera, so that we can shut off the international 
trade before America's bear populations suffer the same fate as Asian 
bear populations.
  The Bear Protection Act will do just that. It will establish national 
guidelines for trade in bear parts, but will not weaken any existing 
state laws that have been instituted to deal with this issue. The 
outright ban on the trade, sale or barter of bear viscera, including 
items that claim to contain bear parts, will close the existing 
loopholes and will allow State and Federal wildlife officials to focus 
their limited resources on much needed conservation efforts.

[[Page S5860]]

  Mr. President, let me underscore that my bill would in no way 
infringe on the rights of hunters to legally hunt bears. These 
sportsmen would still be allowed to keep trophies and furs of bears 
killed during legal hunts.
  The Bear Protection Act will also bolster America's efforts to 
curtail the international bear trade by directing the Secretaries of 
the Interior and State, as well as the United States Trade 
Representative to establish a dialogue with the counties that share our 
interest in conserving bear species. This, too, is an important element 
of the legislation because I believe efforts to both reduce the demand 
for bear parts in Asia and encourage the increased usage of synthetic 
and other natural products as an alternative to beargall should be made 
a priority.
  Mr. President, it is important that we act now to protect the 
American bear population. The United States must take a stand and be an 
example to the rest of the world by prohibiting the illegal taking and 
smuggling of American bears. If we act now, we can stop the poaching of 
bears, which left unchecked, will lead us down a path toward these 
magnificent creatures' extinction. That is why I urge my colleagues to 
join me in support of this worthwhile legislation.
  Mr. President, I ask that the full text of my legislation and 
additional material to be printed in the Record.
  There being no objection, the material was ordered to the printed in 
the Record, as follows:

                                S. 1109

       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.
                                  ____


 [From the Virginia Department of Game and Inland Fisheries, Jan. 18, 
                                 1999]

           Joint Effort Tackles Poachers, Illegal Bear Trade

       Luray, Virginia.--Earlier today, nearly 100 state and 
     federal officers arrested almost three dozen defendants 
     charged with more than 150 state wildlife violations. 
     Officers executed approximately a dozen search warrants to 
     further the investigation into the illegal trade of bear 
     parts. The action is part of the continuing investigation 
     Operation SOUP, or Special Operation to Uncover Poaching. The 
     operation is expected to yield one of the largest 
     prosecutions in the nation's history for crimes relating to 
     bear poaching and illegal trade in bear parts. Operation SOUP 
     is a joint effort of the Virginia

[[Page S5861]]

     Department of Game and Inland Fisheries (VDGIF), the National 
     Park Service, and the U.S. Fish & Wildlife Service.
       Operation SOUP's three-year undercover investigation 
     involves a three-pronged approach targeting the 
     commercialization of bear parts used in the jewelry trade; 
     bear gall bladder and paw trafficking; and poaching by 
     individuals associated with specific groups suspected of 
     supplying bear parts. In addition to the arrests made today, 
     more misdemeanor and felony indictments may follow in the 
     weeks and months ahead as this joint effort identifies other 
     individuals involved in poaching and commercial trafficking 
     of bear parts. By working together, these government agencies 
     have been able to increase their manpower and resources to 
     combat the illegal sale of bear parts.
       A major aspect of the investigation focuses on the bear 
     gall bladder trade. This worldwide market is driven by the 
     demand for its use in traditional Asian medicine. Since the 
     substantial decline of the Asian bear populations, the 
     American black bear has been targeted for this trade. One 
     bear gall bladder may sell overseas at auction for thousands 
     of dollars. Dried and ground to a fine powder it is sold by 
     the gram at a street value greater than cocaine.
       Details of Operation SOUP will be announced at a press 
     conference to be held tomorrow, Tuesday, January 19, at 1 PM, 
     at the Shenandoah National Park administrative headquarters 
     on U.S. Route 211 east of Luray, Virginia and west of the 
     Skyline Drive.
                                  ____


 [From the Virginia Department of Game and Island Fisheries, Jan. 19, 
                                 1999]

      Successful Joint Effort Tackles Poachers, Illegal Bear Trade

       Luray Virginia.--On Monday, January 18, 1999, nearly 110 
     state and federal officers arrested 25 defendants charged 
     with 112 wildlife violations, and executed 14 search warrants 
     as part of Operation SOUP, or ``Special Operation to Uncover 
     Poaching''. Operation SOUP is a major, on-going, undercover 
     investigation into illegal hunting and commercialization of 
     American black bears in Virginia and in Shenandoah National 
     Park. This three-year investigation has been a joint 
     operation of the Virginia Department of Game and Inland 
     Fisheries, the National Park Service, and the U.S. Fish & 
     Wildlife Service. Much of the investigation has been 
     concentrated in the Blue Ridge region of Virginia. Upon its 
     completion, Operation SOUP is expected to yield one of the 
     largest prosecutions in the nation's history for crimes 
     relating to bear poaching and illegal trade in bear parts.
       Operation SOUP utilizes a three-pronged approach to combat 
     this criminal activity. The first has targeted the sale of 
     bear parts, mostly claws and teeth, for use in the jewelry 
     trade. Sales of intact bear paws used to make ashtrays and 
     other trinkets also fall into this category. This 
     investigation has confirmed that in Virginia there is active 
     trade in bear parts used for jewelry. Independent of 
     yesterday's arrests, over the last eight months 12 
     individuals have been arrested and charged with 94 counts of 
     buying or selling bear parts in violation of state law.
       The second prong of Operation SOUP has targeted trafficking 
     of gall bladders and frozen bear paws. This aspect of the 
     investigation has confirmed that significant trade in gall 
     bladders and bear paws out of Virginia exists, including from 
     bears within and around Shenandoah National Park.
       To further this portion of the investigation, 11 federal 
     search warrants were executed in Madison and Rappanhannock 
     Counties in Virginia, and near Petersburg, West Virginia. 
     They were issued on a combination of homes, businesses and 
     vehicles. Seized were five vehicles, several freezers, and an 
     assortment of bear parts, firearms, and cash. Federal felony 
     indictments may be forthcoming in the weeks and months ahead. 
     Three arrests made on Monday have connections with 
     trafficking of bear parts. Additional details will be 
     released as they become available.
       The third prong of Operation SOUP has targeted the poachers 
     themselves. These individuals are associated with specific 
     groups that are suspected of being a source of bear parts for 
     commercial trade. On Monday, 22 individuals were arrested and 
     charged with a total of 107 state wildlife violations. 
     Although bear may be legally taken in Virginia by legitimate 
     sportsmen, these individuals are accused of using illegal 
     hunting practices to harvest bears. Undercover investigations 
     in this portion of the operation indicated that some of these 
     individuals may also have engaged in bear poaching within 
     Shenandoah National Park where it is unlawful to hunt. This 
     is still under investigation and may result in federal 
     indictments for illegal hunting within the park being passed 
     down in the weeks or months ahead.
       At the heart of Operation SOUP are concerns about an 
     international problem that has a toehold in Virginia. The 
     bear gall bladder trade is a worldwide industry driven by the 
     demand for its use in traditional Asian medicine. Many people 
     from Asian cultures believe bear parts, particularly the gall 
     bladder, have medicinal value for treating and preventing a 
     variety of ailments. A single gall bladder can be sold at 
     auction overseas for thousands of dollars. Dried, ground and 
     sold by the gram, bear gall bladders have a street value 
     greater than cocaine. In this operation, 300 gall bladders 
     were purchased or seized with an estimated U.S. value of 
     $75,000 and an international value of more than $3 million 
     dollars. Bear paws also have high commercial value. Bear paws 
     are purchased as an ingredient in Bear Paw Soup, considered a 
     delicacy in some ethnic Asian restaurants. A single bowl of 
     this soup can sell for hundreds of dollars overseas. The 
     serious decline in the Asian black bear population has lead 
     to the American black bear being targeted for this trade. The 
     government agencies behind Operation SOUP are deeply 
     concerned about these activities and will continue to 
     investigate illegal bear poaching and trafficking of bear 
     parts.
                                  ____


               [From the Washington Post, Feb. 16, 1999]

               Bear Poaching on Rise on Shenandoah Region

                     (By Maria Glod and Leef Smith)

       It was early January when the call came in on Jeffrey 
     Pascale's unlisted phone line: The goods were available. Was 
     he interested?
       A date was set, and Pascale agreed to meet James Presgraves 
     at a roadside dinner in Stanley, Va. The deal was completed 
     several miles away at Presgrave's home, where he allegedly 
     removed an assortment of bear gallbladders from the freezer 
     and Pascale, an undercover U.S. Park Ranger, paid him $925 
     for six of the golf ball-size organs.
       The purchase of the bear organs was documented last month 
     in affidavits filed in U.S. District Court in Roanoke in 
     support of search warrants and signaled to the close of a 
     three-year state and federal investigation into what 
     authorities said was a highly profitable loosely organized 
     bear-poaching ring operating in Virginia's Blue Ridge 
     mountains. Instead of killing the bears just for their meat 
     and fur, officials said, poachers were harvesting the animals 
     for their paws and gallbladders, which can sell for hundreds 
     of dollars in this country and thousands of dollars in Asia.
       No charges have been filed against Presgraves.
       As bear populations dwindle in other parts of the world--
     victims of excessive hunting and disappearing habitats--
     poaching has become increasingly lucrative in North America, 
     where an estimated 400,000 bears live. Each year, hundreds of 
     bear carcasses turn up, intact except for missing 
     gallbladders, paws and claws, according to testimony given to 
     Congress.
       Gallbladders and the green bile they store are prized in 
     Asia, where they are used in medicine to treat a variety of 
     ailments, including heart disease and hangovers. Bear paw 
     soup is considered a delicacy in some Asian cultures and is 
     sold--off the menu--in some restaurants for as much as $60 a 
     bowl, investigators say.
       ``People are willing to pay any amount of money [for a bear 
     product] if they want it really bad,'' said Andrea Gaski of 
     the World Wildlife Fund, which monitors bear poaching.
       While bear hunting is legal in Virginia, it is illegal, as 
     in most states, to sell the animal's body parts--including 
     gallbladders, heads, hides, claws or teeth. Bear hunting is 
     not permitted in Maryland. Last year, Congress considered, 
     but did not pass, legislation aimed at halting the trade in 
     bear organs.
       In Virginia, hunters legally kill 600 to 900 bears each 
     hunting season. Officials say it is unclear how many more of 
     the population of about 4,000 bears are taken by poachers. In 
     the most recent investigation, law enforcement officials 
     seized about 300 gallbladders and arrested 25 people. They 
     have been charged with offenses ranging from illegally buying 
     wildlife parts, a felony, to misdemeanor hunting violations. 
     Authorities said that some of the charges stem from selling 
     jewelry made with bear claws or teeth, while others target 
     alleged traffickers in the bear organs. Officials say that 
     some of the parts sold in Virginia are hunted legally. The 
     federal investigation is continuing.
       The state and federal investigation in Virginia began in 
     1996 when investigators began receiving tips from hunters 
     about poaching in and around Shenandoah National Park, 
     officials said.
       Agents ultimately infiltrated the local ring, accompanying 
     poachers on hunts and posed as middlemen.
       ``Some of those people were blatant enough that if you left 
     a business card saying, ``I want to buy gallbladders,' at a 
     hunting lodge, they would call you back,'' said Don 
     Patterson, a supervisor with the U.S. Fish and Wildlife 
     Service who helped lead the investigation.
       According to documents filed in U.S. District Court in 
     Roanoke, Pascale met six times during 1997 and 1998 with 
     Bonnie Sue and Danny Ray Baldwin at their home in 
     Sperryville, Va., to purchase bear gallbladders and paws.
       During the course of his investigation, according to the 
     affidavit filed in support of a search warrant application, 
     the Baldwins told Pascale they had been in business for 13 
     years, selling about 300 gallbladders annually to customers 
     in Maryland, New York and the District.
       According to court records, the Baldwins said they obtained 
     their bear parts from several sources including hunt clubs, 
     farmers and orchards, as well as from the bears that Danny 
     Baldwin bagged by hunting or trapping.
       No charges have been filed against the Baldwins.
       Investigators compare the illegal trade in bear parts to 
     drug trafficking, saying the poachers typically work through 
     a middleman who delivers the gallbladders and paws to either 
     local or overseas Asian markets.

[[Page S5862]]

       Nationwide, federal authorities have intercepted 70 
     shipments of bear parts headed to Asian markets in the past 
     five years, according to U.S. Fish and Wildlife officials.
       ``If you don't watch this situation and keep your fingers 
     on the pulse, you can quickly look at it and say, `Where did 
     [the bears] all go?' '' said William Woodfin, director of the 
     Virginia Department of Game and Inland Fisheries. ``We have 
     an obligation to future generations to make sure the black 
     bear will be there for them to enjoy.''
                                  ____


             Conf. 10.8--Conservation of and Trade in Bears

       Aware that all populations of bear species are included 
     either in Appendix I or Appendix II of the Convention;
       Recognizing that bears are native to Asia, Europe, North 
     America and South America and, therefore, the issue of bear 
     conservation is a global one;
       Noting that the continued illegal trade in parts and 
     derivatives of bear species undermines the effectiveness of 
     the Convention and that if CITES Parties and States not-party 
     do not take action to eliminate such trade, poaching may 
     cause declines of wild bears that could lead to the 
     extirpation of certain populations or even species;
       Recognizing that long-term solutions for the protection and 
     conservation of bears require the adoption of substantive and 
     measurable actions;
       The Conference of the Parties to the Convention urges all 
     Parties, particularly bear range and consuming countries, to 
     take immediate action in order to demonstrably reduce the 
     illegal trade in bear parts and derivatives by the 11th 
     meeting of the Conference of the Parties, by:
       (a) confirming, adopting or improving their national 
     legislation to control the import and export of bear parts 
     and derivatives, ensuring that the penalties for violations 
     are sufficient to deter illegal trade;
       (b) increasing CITES enforcement by providing additional 
     resources, nationally and internationally, for wildlife trade 
     controls;
       (c) strengthening measures to control illegal export as 
     well as import of bear parts and derivatives;
       (d) initiating or encouraging new national efforts in key 
     producers and consumer countries to identify, target and 
     eliminate illegal markets;
       (e) developing international training programmes on 
     enforcement of wildlife laws for field personnel, with a 
     specific focus on bear parts and derivatives, and exchanging 
     field techniques and intelligence; and
       (f) developing bilateral and regional agreements for 
     conservation and law enforcement efforts;
       Recommends that all Parties review and strengthen measures, 
     where necessary, to enforce the provisions of the Convention 
     relating to specimens of species included in Appendices I and 
     II, where bear parts and derivatives are concerned;
       Recommends further that Parties and States not-party, as a 
     matter of urgency, address the issues of illegal trade in 
     bear parts and derivatives by:
       (a) strengthening dialogue between government agencies, 
     industry, consumer groups and conservation organizations to 
     ensure that legal trade does not provide a conduit for 
     illegal trade in parts and derivatives of Appendix-I bears 
     and to increase public awareness of CITES trade controls;
       (b) encouraging bear range and consumer countries that are 
     not party to CITES to accede to the Convention as a matter of 
     urgency;
       (c) providing funds for research on the status of 
     endangered bears, especially Asian species;
       (d) working with traditional-medicine communities to reduce 
     demand for bear parts and derivatives, including the active 
     promotion of research on and use of alternatives and 
     substitutes that do not endanger other wild species; and
       (e) developing programmes in co-operation with traditional-
     medicine communities and conservation organizations to 
     increase public awareness and industry knowledge about the 
     conservation concerns associated with the trade in bear 
     specimens and the need for stronger domestic trade controls 
     and conservation measures; and
       Calls upon all governments and intergovernmental 
     organizations, international aid agencies and non-
     governmental organizations to provide, as a matter of 
     urgency, funds and other assistance to stop the illegal trade 
     in bear parts and derivatives and to ensure the survival of 
     all bear species.
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