Home > 105th Congressional Bills > H.R. 2807 (eh) To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products labeled as containing substances derived from rhinoceros or tiger. ...

H.R. 2807 (eh) To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products labeled as containing substances derived from rhinoceros or tiger. ...


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                  In the Senate of the United States,

                         October 13 (legislative day, October 2), 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
2807) entitled ``An Act to amend the Rhinoceros and Tiger Conservation 
Act of 1994 to prohibit the sale, importation, and exportation of 
products labeled as containing substances derived from rhinoceros or 
tiger.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

                 TITLE I--MIGRATORY BIRD TREATY REFORM

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Migratory Bird Treaty Reform Act 
of 1998''.

SEC. 102. ELIMINATING STRICT LIABILITY FOR BAITING.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 
amended--
            (1) by inserting ``(a)'' after ``Sec. 3.''; and
            (2) by adding at the end the following:
    ``(b) It shall be unlawful for any person to--
            ``(1) take any migratory game bird by the aid of baiting, 
        or on or over any baited area, if the person knows or 
        reasonably should know that the area is a baited area; or
            ``(2) place or direct the placement of bait on or adjacent 
        to an area for the purpose of causing, inducing, or allowing 
        any person to take or attempt to take any migratory game bird 
        by the aid of baiting on or over the baited area.''.

SEC. 103. CRIMINAL PENALTIES.

    Section 6(a) of the Migratory Bird Treaty Act (16 U.S.C. 707(a)) is 
amended--
            (1) by striking ``thereof shall be fined not more than 
        $500'' and inserting the following: ``thereof--
            ``(1) shall be fined not more than $15,000'';
            (2) in paragraph (1) (as designated by paragraph (1)), by 
        striking the period at the end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(2) in the case of a violation of section 3(b)(2), shall 
        be fined under title 18, United States Code, imprisoned not 
        more than 1 year, or both.''.

SEC. 104. REPORT.

    Not later than 5 years after the date of enactment of this Act, the 
Secretary of the Interior 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 analyzing the effect of the 
amendments made by section 2, and the general practice of baiting, on 
migratory bird conservation and law enforcement efforts under the 
Migratory Bird Treaty Act (16 U.S.C. 701 et seq.).

         TITLE II--NATIONAL WILDLIFE REFUGE SYSTEM IMPROVEMENT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Wildlife Refuge System 
Improvement Act of 1998''.

SEC. 202. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH REFUGE.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), there are transferred to the Corps of Engineers, without 
reimbursement, approximately 37.36 acres of land of the Upper 
Mississippi River Wildlife and Fish Refuge in the State of Minnesota, 
as designated on the map entitled ``Upper Mississippi National Wildlife 
and Fish Refuge lands transferred to Corps of Engineers'', dated 
January 1998, and available, with accompanying legal descriptions of 
the land, for inspection in appropriate offices of the United States 
Fish and Wildlife Service.
    (b) Conforming Amendments.--The first section and section 2 of the 
Upper Mississippi River Wild Life and Fish Refuge Act (16 U.S.C. 721, 
722) are amended by striking ``Upper Mississippi River Wild Life and 
Fish Refuge'' each place it appears and inserting ``Upper Mississippi 
River National Wildlife and Fish Refuge''.

SEC. 203. KILLCOHOOK COORDINATION AREA.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife 
Service over approximately 1,439.26 acres of land in the States of New 
Jersey and Delaware, known as the ``Killcohook Coordination Area'', as 
established by Executive Order No. 6582, issued February 3, 1934, and 
Executive Order No. 8648, issued January 23, 1941, is terminated.
    (b) Executive Orders.--Executive Order No. 6582, issued February 3, 
1934, and Executive Order No. 8648, issued January 23, 1941, are 
revoked.

SEC. 204. LAKE ELSIE NATIONAL WILDLIFE REFUGE.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife 
Service over approximately 634.7 acres of land and water in Richland 
County, North Dakota, known as the ``Lake Elsie National Wildlife 
Refuge'', as established by Executive Order No. 8152, issued June 12, 
1939, is terminated.
    (b) Executive Order.--Executive Order No. 8152, issued June 12, 
1939, is revoked.

SEC. 205. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.

    Section 28 of the Act of August 13, 1954 (25 U.S.C. 564w-1), is 
amended in subsections (f) and (g) by striking ``Klamath Forest 
National Wildlife Refuge'' each place it appears and inserting 
``Klamath Marsh National Wildlife Refuge''.

SEC. 206. VIOLATION OF NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION 
              ACT.

    Section 4 of the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd) is amended--
            (1) in the first sentence of subsection (c), by striking 
        ``knowingly''; and
            (2) in subsection (f)--
                    (A) by striking ``(f) Any'' and inserting the 
                following:
    ``(f) Penalties.--
            ``(1) Knowing violations.--Any'';
                    (B) by inserting ``knowingly'' after ``who''; and
                    (C) by adding at the end the following:
            ``(2) Other violations.--Any person who otherwise violates 
        or fails to comply with any of the provisions of this Act 
        (including a regulation issued under this Act) shall be fined 
        under title 18, United States Code, or imprisoned not more than 
        180 days, or both.''.

              TITLE III--WETLANDS AND WILDLIFE ENHANCEMENT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Wetlands and Wildlife Enhancement 
Act of 1998''.

SEC. 302. REAUTHORIZATION OF NORTH AMERICAN WETLANDS CONSERVATION ACT.

    Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended by striking ``not to exceed'' and all that 
follows and inserting ``not to exceed $30,000,000 for each of fiscal 
years 1999 through 2003.''.

SEC. 303. REAUTHORIZATION OF PARTNERSHIPS FOR WILDLIFE ACT.

    Section 7105(h) of the Partnerships for Wildlife Act (16 U.S.C. 
3744(h)) is amended by striking ``for each of fiscal years'' and all 
that follows and inserting ``not to exceed $6,250,000 for each of 
fiscal years 1999 through 2003.''.

SEC. 304. MEMBERSHIP OF THE NORTH AMERICAN WETLANDS CONSERVATION 
              COUNCIL.

    (a) In General.--Notwithstanding section 4(a)(1)(D) of the North 
American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D)), during 
the period of 1999 through 2002, the membership of the North American 
Wetlands Conservation Council under section 4(a)(1)(D) of that Act 
shall consist of--
            (1) 1 individual who shall be the Group Manager for 
        Conservation Programs of Ducks Unlimited, Inc. and who shall 
        serve for 1 term of 3 years beginning in 1999; and
            (2) 2 individuals who shall be appointed by the Secretary 
        of the Interior in accordance with section 4 of that Act and 
        who shall each represent a different organization described in 
        section 4(a)(1)(D) of that Act.
    (b) Publication of Policy.--Not later than June 30, 1999, the 
Secretary of the Interior shall publish in the Federal Register, after 
notice and opportunity for public comment, a policy for making 
appointments under section 4(a)(1)(D) of the North American Wetlands 
Conservation Act (16 U.S.C. 4403(a)(1)(D)).

              TITLE IV--RHINOCEROS AND TIGER CONSERVATION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Rhinoceros and Tiger Conservation 
Act of 1998''.

SEC. 402. FINDINGS.

    Congress finds that--
            (1) the populations of all but 1 species of rhinoceros, and 
        the tiger, have significantly declined in recent years and 
        continue to decline;
            (2) these species of rhinoceros and tiger are listed as 
        endangered species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) and listed on Appendix I of the Convention 
        on International Trade in Endangered Species of Wild Fauna and 
        Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249) 
        (referred to in this title as ``CITES'');
            (3) the Parties to CITES have adopted several resolutions--
                    (A) relating to the conservation of tigers (Conf. 
                9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging 
                Parties to CITES to implement legislation to reduce 
                illegal trade in parts and products of the species; and
                    (B) relating to trade in readily recognizable parts 
                and products of the species (Conf. 9.6), and trade in 
                traditional medicines (Conf. 10.19), recommending that 
                Parties ensure that their legislation controls trade in 
                those parts and derivatives, and in medicines 
                purporting to contain them;
            (4) a primary cause of the decline in the populations of 
        tiger and most rhinoceros species is the poaching of the 
        species for use of their parts and products in traditional 
        medicines;
            (5) there are insufficient legal mechanisms enabling the 
        United States Fish and Wildlife Service to interdict products 
        that are labeled or advertised as containing substances derived 
        from rhinoceros or tiger species and prosecute the 
        merchandisers for sale or display of those products; and
            (6) legislation is required to ensure that--
                    (A) products containing, or labeled or advertised 
                as containing, rhinoceros parts or tiger parts are 
                prohibited from importation into, or exportation from, 
                the United States; and
                    (B) efforts are made to educate persons regarding 
                alternatives for traditional medicine products, the 
                illegality of products containing, or labeled or 
                advertised as containing, rhinoceros parts and tiger 
                parts, and the need to conserve rhinoceros and tiger 
                species generally.

SEC. 403. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 
              1994.

    Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5302) is amended by adding at the end the following:
            ``(3) To prohibit the sale, importation, and exportation of 
        products intended for human consumption or application 
        containing, or labeled or advertised as containing, any 
        substance derived from any species of rhinoceros or tiger.''.

SEC. 404. DEFINITION OF PERSON.

    Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5303) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) `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; or
                    ``(D) any other entity subject to the jurisdiction 
                of the United States.''.

SEC. 405. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS 
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 
et seq.) is amended--
            (1) by redesignating section 7 as section 9; and
            (2) by inserting after section 6 the following:

``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS 
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    ``(a) Prohibition.--A person shall not sell, import, or export, or 
attempt to sell, import, or export, any product, item, or substance 
intended for human consumption or application containing, or labeled or 
advertised as containing, any substance derived from any species of 
rhinoceros or tiger.
    ``(b) Penalties.--
            ``(1) Criminal penalty.--A person engaged in business as an 
        importer, exporter, or distributor that knowingly violates 
        subsection (a) shall be fined under title 18, United States 
        Code, imprisoned not more than 6 months, or both.
            ``(2) Civil penalties.--
                    ``(A) In general.--A person that knowingly violates 
                subsection (a), and a person engaged in business as an 
                importer, exporter, or distributor that violates 
                subsection (a), may be assessed a civil penalty by the 
                Secretary of not more than $12,000 for each violation.

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