I

104TH CONGRESS

1ST SESSION H. R. 2240

To require the Secretary of the Interior to prohibit the import, export,

sale, purchase, and possession of bear viscera or products that contain

or claim to contain bear viscera, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1995

Mr. PORTER (for himself, Mr. FALEOMAVAEGA, Mr. RICHARDSON, Mr. BEILENSON, Mr. EHLERS, Mr. OBERSTAR, Mr. YATES, Mr. KASICH, Mr. TALENT, Mrs. MALONEY, Mr. FARR, Mr. GEJDENSON, Ms. RIVERS, and Mr.

JACOBS) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committees on International Relations, and Ways and Means, for a period to be subsequently determined

by the Speaker, in each case for consideration of such provisions as fall

within the jurisdiction of the committee concerned

A BILL

To require the Secretary of the Interior to prohibit the

import, export, sale, purchase, and possession of bear

viscera or products that contain or claim to contain

bear viscera, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Bear Protection Act’’.
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1 SEC. 2. DEFINITION OF BEAR VISCERA.

2 In this Act, the term ‘‘bear viscera’’ means the body

3 fluids or internal organs (including the gallbladder) of a

4 species of bear.

5 SEC. 3. PROHIBITED ACTS.

6 The Secretary of the Interior shall prohibit—

7 (1) the import into the United States, or export

8 from the United States, of bear viscera or products

9 that contain or claim to contain bear viscera; and

10 (2) the sale, barter, offer of sale or barter, pur11 chase, or possession with intent to sell or barter, in

12 interstate or foreign commerce, of bear viscera or

13 products that contain or claim to contain bear

14 viscera.

15 SEC. 4. REPORT BY SECRETARY OF THE INTERIOR.

16 Not later than 180 days after the date of enactment

17 of this Act, the Secretary of the Interior, in consultation

18 with the Secretary of the Treasury, shall prepare and sub19 mit to the Congress a report that describes—

20 (1) how to improve the effectiveness of the wild21 life monitoring and inspection program of the De22 partment of the Interior (including the computerized

23 information system or any other system of the

24 United States Fish and Wildlife Service or the Unit25 ed States Customs Service that records data) with

26 respect to the importation or exportation of bear
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1 viscera and other bear and other wildlife body parts

2 to and from the United States; and

3 (2) any plans of the United States Fish and

4 Wildlife Service to monitor the illegal movement of,

5 or commercial activity in, bear viscera or other bear

6 body parts.

7 SEC. 5. DISCUSSIONS CONCERNING TRADE PRACTICES.

8 The United States Trade Representative and the Sec9 retary of the Interior shall—

10 (1) discuss issues involving trade in bear viscera

11 with the appropriate representatives of such coun12 tries trading with the United States as are deter13 mined jointly by the Secretary of Commerce and the

14 Secretary of the Interior to be the leading importers,

15 exporters, or consumers of bear viscera; and

16 (2) attempt to establish coordinated efforts with

17 the countries to protect bears.

18 SEC. 6. RELATIONSHIP TO STATE LAW.

19 Nothing in this Act precludes the regulation under

20 State law of the sale, barter, offer of sale or barter, pur21 chase, or possession with intent to sell or barter, of bear

22 viscera or products that contain or claim to contain bear

23 viscera, if the regulation—

24 (1) does not authorize any sale, barter, offer of

25 sale or barter, purchase, or possession with intent to
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1 sell or barter, of bear viscera or products that con2 tain or claim to contain bear viscera, that is prohib3 ited under this Act; and

4 (2) is consistent with the international obliga5 tions of the United States.

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