Bear Protection Act of 2023

Subjects: Animals


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3518 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3518

  To conserve global bear populations by prohibiting the importation, 
  exportation, and interstate trade of bear viscera and bear viscera 
                   products, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2023

  Mr. McCaul (for himself, Mr. Lieu, Mr. Fitzpatrick, and Ms. Kuster) 
 introduced the following bill; which was referred to the Committee on 
    Natural Resources, and in addition to the Committees on Foreign 
Affairs, 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 conserve global bear populations by prohibiting the importation, 
  exportation, and interstate trade of bear viscera and bear viscera 
                   products, 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 2023''.

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 in appendix I or II 
        of CITES;
            (2) article XIV of CITES provides that Parties to CITES may 
        adopt stricter domestic measures regarding the conditions for 
        the trade, taking, possession, or transport of species listed 
        in appendix I or II, and 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) in Asia, thousands of bears are cruelly confined in 
        small cages to be milked for their bile, and bear populations 
        in Asia have declined significantly in recent years as a result 
        of habitat loss and poaching driven by a strong demand for bear 
        viscera for use 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 and 
        exportation from the United States, as well as prohibitions 
        against the interstate trade, of bear viscera and bear viscera 
        products 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 
8 extant bear species by--
            (1) prohibiting interstate and international trade in bear 
        viscera and bear viscera products;
            (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 bear viscera 
        products.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Bear viscera.--The term ``bear viscera'' means, with 
        respect to a species of bear, body fluids or internal organs--
                    (A) including the gallbladder and its contents; and
                    (B) not including blood or brains.
            (2) Bear viscera product.--The term ``bear viscera 
        product'' means any item, product, or substance containing, or 
        labeled or advertised as containing, bear viscera.
            (3) CITES.--The term ``CITES'' means the Convention on 
        International Trade in Endangered Species of Wild Fauna and 
        Flora (27 UST 1087; TIAS 8249).
            (4) 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 such landing, bringing, or 
        introduction constitutes an importation within the meaning of 
        the customs laws of the United States.
            (5) 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) a State, municipality, or political 
                        subdivision of a State; or
                            (iii) a foreign government; and
                    (C) any other entity subject to the jurisdiction of 
                the United States.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each territory and 
        possession of the United States.

SEC. 5. PROHIBITED ACTS.

    (a) In General.--Except as provided in subsection (b), it shall be 
unlawful for any person to--
            (1) import into, or export from, the United States bear 
        viscera or any bear viscera product; 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 bear viscera product.
    (b) Exception for Wildlife Law Enforcement Purposes.--A person 
described in section 4(5)(B) may carry out an activity prohibited under 
subsection (a) if such activity is--
            (1) solely for the purpose of enforcing a law relating to 
        the protection of wildlife; and
            (2) 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(a) shall be fined under title 18, United States Code, imprisoned for 
not more than 1 year, or both.
    (b) Civil Penalties.--
            (1) Amount.--A person that knowingly violates section 5(a) 
        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 collected in the 
        manner in which a civil penalty under the Endangered Species 
        Act of 1973 is assessed and collected under section 11(a) of 
        that Act (16 U.S.C. 1540(a)).
    (c) Seizure and Forfeiture.--Any bear viscera or bear viscera 
product treated in a manner that violates section 5(a), or any 
regulation issued pursuant thereto, shall be subject to seizure and 
forfeiture to the United States.
    (d) Regulations.--The Secretary shall, in consultation with the 
Secretary of the Treasury and the United States Trade Representative, 
issue such regulations as are necessary to carry out this Act.
    (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 Act 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 Sums Received.--Sums received as penalties, fines, or 
forfeiture of property for any violation of section 5(a), or any 
regulation issued pursuant thereto, 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 VISCERA 
              TRADE.

    In order to establish coordinated efforts to protect bears, the 
Secretary shall continue discussions concerning trade in bear viscera 
and bear viscera products with representatives of countries that--
            (1) are Parties to CITES; and
            (2) are not Parties to CITES that are determined by the 
        Secretary and the United States Trade Representative to be 
        leading importers, exporters, or consumers of bear viscera or 
        bear viscera products.

SEC. 8. CERTAIN RIGHTS NOT AFFECTED.

    Except as provided in section 5, nothing in this Act shall be 
construed to affect--
            (1) the regulation by a State of a bear population of that 
        State;
            (2) the hunting of bears in a State that is in a manner 
        that is lawful under the laws and regulations of that State; or
            (3) the use of bear viscera or any bear viscera product as 
        part of a traditional Native American ritual or ceremony.
                                 &lt;all&gt;
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