Home > 106th Congressional Bills > S. 1109 (is) 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....S. 1109 (is) 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....
106th CONGRESS
2d Session
S. 1109
_______________________________________________________________________
AN ACT
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 2000''.
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.
Passed the Senate October 17 (legislative day, September
22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 1109
_______________________________________________________________________
AN ACT
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.
Pages: 1 Other Popular 106th Congressional Bills Documents:
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