[Congressional Record Volume 147, Number 92 (Thursday, June 28, 2001)]
[Senate]
[Pages S7090-S7093]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 1125. 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; to the Committee on 
Environment and Public Works.
  Mr. McCONNELL. Mr. President, incredibly, there is a good chance that 
today someone will put on a facial cream, apply a medicine, or even eat 
a

[[Page S7091]]

soup that contains bear parts. Bear bile, gallbladders, paws and claws 
are found in culinary delicacies, cosmetics and traditional ethnic 
medicines in Asia, and these parts often fetch thousands of dollars. A 
cup of bear paw soup has sold for up to $1,500 in Taiwan, and wildlife 
experts say that a gallbladder can command tens of thousands of dollars 
on the Asian market. Not surprisingly, the lure of astronomical profits 
overseas has spawned rampant poaching of American bears. The United 
States Fish and Wildlife Service continues to find bear carcasses 
rotting with their gallbladders ripped out and their paws sliced off. 
Just today, creator Jack Elrod chronicled this heinous act in his 
wildlife preservation comic strip, ``Mark Trail.''
  The slaughter of American black bears and the sale of their parts is 
a deliberate and dastardly plot hatched by a black market of poachers, 
traders, and smugglers who have been known to transport bear parts in 
cans of chocolate syrup or bottles of scotch. Because certain Asian 
bear populations are being poached to near extinction, poachers and 
smugglers often target American black bears to meet the demand for bear 
parts in Asia and even within certain communities here at home. In 
Oregon alone, one poaching-for-profit ring reportedly killed between 
50-100 black bears a year for 5 to 10 years simply to harvest their 
gallbladders. While the bear population in North America presently is 
stable, the growth of illegal and inhumane poaching, coupled with the 
difficulty of anti-poaching enforcement efforts, could pose a real 
threat to our resident bear population. We should not stand by and 
allow American bears to be decimated by poachers.
  The depleted bear populations in Asia suffer a different, but equally 
cruel, fate as they are ``protected'' to meet the demand for their 
bile. National Geographic, U.S News and World Report and The Los 
Angeles Times each have reported that Asiatic bears in China have been 
trapped in bear ``farms'' and milked for their bile through catheters 
inserted into their gallbladders. Bears in other countries often fare 
no better. In South Korea, for example, bears have been bludgeoned to 
death or boiled alive in front of patrons to prove they are purchasing 
authentic Asian bear parts.
  Some States in America prohibit trading in bear parts. But others do 
not. And to make matters more complicated, some States prohibit such 
trading only if the bear was killed within that State. It hardly takes 
a lawyer to quickly find the loophole in such a law, poachers and black 
market profiteers can simply kill a bear in another State and take it 
back across State lines to sell the parts. And because it is almost 
impossible to tell where a bear was killed just by looking at its 
parts, traders and smugglers can always claim that the bear was killed 
out of State. So, as you can see, our conflicting web of State laws 
does little to deter poachers from their prey. In fact, the confusing 
labyrinth of laws may make it easier for poachers to slaughter still 
more bear.
  To help bring the complex, sometimes criminal, and inhumane trade in 
bear parts to an end, I am once again introducing the Bear Protection 
Act. This legislation always has enjoyed broad, bipartisan support 
since I first introduced the bill in the 103rd Congress. Last year the 
bill passed this chamber by unanimous consent, only to be returned by 
the House under the blue-slip rule. I am proud to be joined by 25 
original cosponsors of the bill today, including 14 Democrats, 10 
Republicans and an Independent, and I hope that others soon will join 
me to help shepherd this important legislation to passage.
  My legislation is straightforward. It prohibits the import, export, 
or sale of bear viscera, or any products containing bear viscera, and 
it imposes criminal and civil penalties for violators. Enacting a 
uniform Federal prohibition on the trade in bear parts is necessary to 
close the loopholes left open by the patchwork of State laws that have 
facilitated the illegal trade of bear parts in the United States and 
overseas.
  This legislation will in no way affect the rights of sportsmen to 
hunt bears legally in any State. Illegal bear poaching and legal 
recreational hunting are separate and distinct acts. Indeed, we should 
remember that every bear poached for illegal profiteering of bear parts 
is a bear taken away from sportsmen. A former chief enforcement officer 
for the United States Fish and Wildlife Service has estimated that 
approximately 40,000 bears are hunted legally each year, but an almost 
equal number are poached illegally. Many States understand this 
problem, as over two-thirds of the States that allow bear hunting also 
ban the trade of bear parts.
  This bill is another example of what I like to call consensus 
conservation. The legislation does not pit hunters against 
environmentalists. Nor does it pit States against the heavy hand of the 
Federal Government on wildlife management or sporting laws. Indeed, I 
am happy to report that there are no political fireworks in this bill. 
One look at the cosponsor list should indicate that.
  Instead, what we have is a bill that targets a specific legislative 
goal, to protect bears from illegal and inhumane poaching and black 
market profiteering. By carefully crafting this legislation with that 
single goal in mind, we have an opportunity to pass a common sense bill 
that is supported by wildlife enthusiasts and conservationists while 
protecting the autonomy of states and the rights of sportsmen.
  I continue to believe that these types of targeted, bipartisan 
conservation efforts that are rooted in consensus goals, rather than 
conflicting politics, can, in the end, make the most noticeable strides 
toward protecting our national wildlife and environmental treasures.
  I ask unanimous consent that the text of the bill be printed in the 
Record, and I further ask unanimous consent that the Record include 
letters of support from the Humane Society of the United States, the 
Society for Animal Protective Legislation, and the American Zoo and 
Aquarium Association.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1125

       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:

[[Page S7092]]

       (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).
                                  ____


          HSUS Statement in Support of the Bear Protection Act

       The Humane Society of the United States, the nation's 
     largest animal protection organization with over seven 
     million members and constituents, strongly supports Senator 
     McConnell's Bear Protection Act.
       The Bear Protection Act would eliminate the patchwork of 
     state laws in the U.S. and improve protection of America's 
     bears. Thirty-four states already ban commerce in bear 
     viscera. The remaining states fall into three categories: six 
     allow trade in gallbladders taken from bears legally killed 
     in-state; eight allow trade in gallbladders from bears killed 
     legally outside the state; and two states do not have 
     pertinent laws. This current patchwork of state laws creates 
     loopholes that are exploited by those engaged in the bear 
     parts trade. The loopholes enable poachers to launder 
     gallbladders through states that permit their sale. The Bear 
     Protection Act would eliminate this patchwork of state laws, 
     replacing it with one national law prohibiting import, 
     export, and interstate commerce in bear viscera.
       Bear viscera, particularly the gallbladder and bile, have 
     been traditionally used in Asian medicines to treat a variety 
     of illnesses, from diabetes to heart disease. Today, bear 
     viscera is also used in cosmetics and shampoos. Asian demand 
     for bear viscera and products has increased with growing 
     human populations and increased wealth. Bear gallbladders in 
     South Korea are worth more than their weight in gold, 
     potentially yielding a price of about $10,000 each.
       While demand for bear viscera and products has grown, Asian 
     bear populations have dwindled. Seven of the eight extant 
     species of bears are threatened by poaching to supply the 
     increasing market demand for bear viscera and products. Most 
     species of bears, and all Asian bear species, are afforded 
     the highest level of protection under the Convention on 
     International Trade in Endangered Species of Wild Fauna and 
     Flora (CITES). CITES has noted that the continued illegal 
     trade in 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.
       Dwindling Asian bear populations have caused poachers to 
     look to American bears to meet market demand for bear parts 
     and products. While each year nearly 40,000 American black 
     bears are legally hunted in thirty-six states and Canada, it 
     is estimated that roughly the same number are illegally 
     poached each year, according to a former chief law 
     enforcement officer with the U.S. Fish and Wildlife Service.
       The U.S. Senate passed this legislation in the 106th 
     Congress and we hope swift action will be taken again this 
     year. We also hope that the House will follow the Senate's 
     wise lead and act to protect bears across the globe before 
     it's too late. The Humane Society of the United States 
     applauds Senator McConnell and the quarter of the United 
     States Senate that has signed onto the Bear Protection Act as 
     original cosponsors. With Senator McConnell's leadership, 
     there may come a day when bear poachers and bear parts 
     profiteers no longer are able to ply their cruel trade 
     unpunished.
                                  ____


                 Bear Protection Act Is Urgently Needed

       The Society for Animal Protective Legislation strongly 
     supports Senator Mitch McConnell in his effort to pass the 
     Bear Protection Act once again. This bill would end the 
     United States' involvement in the trade of bear viscera by 
     prohibiting the import, export and interstate commerce in 
     bear gallbladders and bile. Bears are targeted for their 
     internal organs, which fetch enormous profits for the 
     poachers who illegally kill them and the merchants who sell 
     their organs for use in traditional medicine remedies.
       The insatiable, growing demand for bear viscera contributed 
     mightily to the decimation of the Asiatic black bear and may 
     do the same to the stable population of American black bears 
     if a law is not passed to eliminate the United States' role 
     in supplying this devastating bear parts trade.
       There is a price on the head of every bear in this country 
     and Senator Mitch McConnell deserves high praise for 
     introducing proactive legislation protecting bears from the 
     looming threat of the gallbladder trade.
       The current patchwork of state laws addressing the trade in 
     bear gallbladders and bile allows an illegal trade to 
     flourish. It is impossible to distinguish visually the 
     dissociated gallbladder of one state's black bear from 
     another. This enables smugglers to acquire gallbladders 
     illegally in one state, transport them to a state where 
     commercialization of bear parts is legal, and sell the 
     gallbladders under false pretenses. These gallbladders are 
     also smuggled out of the country, providing a laundering 
     opportunity for the sale of gallbladders from highly 
     endangered bears.
       Enactment of Senator McConnell's Bear Protection Act will 
     ensure that those who seek to profit by the reckless 
     destruction of America's bears can be punished appropriately 
     for their illegal and immoral activity.

[[Page S7093]]

       Mr. McConnell's bill does not impact a state's ability to 
     manage its resident bear population or a lawful hunter's 
     ability to hunt bears in accordance with applicable state 
     laws and regulations. The Bear Protection Act is not about 
     bear hunting--it's about ending bear poaching. This is a 
     laudable goal that all Americans should support.
       American citizens should not sit by helplessly while bears 
     are slaughtered, their gallbladders ripped out and the 
     carcass unceremoniously left to rot. It's time to take a 
     stand against bear poachers and profiteers. Congratulations 
     to Senator McConnell for taking up the charge.
                                  ____



                        American Zoo and Aquarium Association,

                                 Silver Spring, MD, June 26, 2001.
     Hon. Mitch McConnell,
     U.S. Senate,
     Washington, DC.
       Dear Senator McConnell: I am writing on behalf of the 196 
     accredited members of the American Zoo and Aquarium 
     Association (AZA) in support of your proposed Bear Protection 
     Act of 2001.
       AZA institutions draw over 135 million visitors annually 
     and have more than 5 million zoo and aquarium members who 
     provide almost $100 million in support. Collectively, these 
     institutions teach more than 12 million people each year in 
     living classrooms, dedicate over $50 million annually to 
     education programs, invest over $50 million annually to 
     scientific research and support over 1,300 field conservation 
     and research projects in 80 countries.
       In addition, AZA member institutions have established the 
     Species Survival Plan (SSP) program--a long-term plan 
     involving genetically-diverse breeding, habitat preservation, 
     public education, field conservation and supportive research 
     to ensure survival for many threatened and endangered 
     species. Currently, AZA member institutions are involved in 
     96 different SSP programs throughout the world, including 
     four species of bear--sloth, sun, spectacled and the giant 
     panda.
       It is in this context that AZA expresses its support for 
     the Bear Protection Act. There is little question that most 
     populations of the world's eight bear species have 
     experienced significant declines during this century, 
     particularly in parts of Europe and Asia. Habitat loss has 
     been the major reason for this decline, although overhunting 
     and poaching have also been factors in some cases, especially 
     in Asia. In recent years, the commercial trade of bear body 
     parts, in particular gallbladders and bile, for use in 
     traditional Asian medicines has been implicated as the 
     driving force behind the illegal hunting of some bear 
     populations. Analyses by the US Fish and Wildlife Service 
     (USFWS), TRAFFIC and other organizations have documented the 
     existence of illicit commercial markets and smuggling rings 
     for bear body parts.
       Recent information suggests that this is not only an 
     overseas issue but a domestic one as well. The American black 
     bear is listed on Appendix II of CITES due to the similarity 
     of appearance to other listed bear species, and conservation 
     and management of black bear populations remains largely in 
     the hands of the states. Most states prohibit commercial 
     trade in bear parts but there are some states that still 
     allow commercial trade of products from bears taken within 
     their borders. Several other states do not explicitly 
     prohibit the commercial trade in parts from bears taken 
     within the borders of other jurisdictions. This has raised 
     concerns that inconsistent state laws may facilitate illegal 
     trade and laundering of bear parts.
       The relatively high value of the wild bear parts, 
     particularly viscera, on the international market warrants 
     that continued action be taken to minimize the threat or 
     potential threat of illegal trade. Your bill provides the 
     necessary first step for closing the potential loopholes that 
     are afforded to bear poachers and dealers by fragmented state 
     laws. Equally important, the bill encourages dialogue between 
     the U.S. and countries known to be leading importers, 
     exporters, and consumers of bear viscera in an attempt to 
     coordinate efforts to protect threatened and endangered bear 
     populations worldwide.
       AZA applauds your efforts in this important wildlife 
     conservation matter. In addition, AZA stands ready to work 
     with you to ensure that the necessary funds are authorized 
     and appropriate for the effective administration and 
     enforcement of this critical work.
       Please feel free to contact AZA if you have any question or 
     comments.
           Regards,
                                                 Sydney J. Butler,
                                               Executive Director.
                                 ______