Requires the Secretary of the Interior to 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 (CITES) and with other representatives of countries that are not party to CITES which are determined to be the leading importers, exporters, or consumers of such products, in order to establish coordinated efforts with such countries to protect bears.
Declares that nothing in this Act shall affect State regulation of bear population or the lawful hunting of bears under State law.
[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).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7090-7091, S7092-7093)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S7091-7092)
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