I 
111TH CONGRESS 
1ST SESSION H. R. 3480 
To conserve global bear populations by prohibiting the importation, expor-
tation, 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 HOUSE OF REPRESENTATIVES 
JULY 31, 2009 
Mr. GRIJALVA
(for himself, Mr. CAMPBELL, Mr. FORTENBERRY, Ms. 
DELAURO, Mr. NADLER of New York, Mr. HINCHEY, Mr. VAN HOLLEN, 
Mr. GEORGE MILLER of California, Mr. DOYLE, Mr. HARE, Mr. 
PASCRELL, Mr. BLUMENAUER, Mr. GALLEGLY, Mr. BERMAN, Mr. LEWIS 
of Georgia, Mrs. CAPPS, Mr. FRANK of Massachusetts, Mr. HOLT, Ms. 
HIRONO, Mr. SERRANO, Mrs. MALONEY, Ms. LEE of California, Mr. 
COHEN, Mr. KUCINICH, Mrs. CHRISTENSEN, Mr. CONYERS, Ms. LINDA 
T. SA´NCHEZ of California, Mr. MARKEY of Massachusetts, Mr. SHER-
MAN, Mr. PRICE of North Carolina, and Mr. FARR) introduced the fol-
lowing 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 jurisdic-
tion of the committee concerned 
A BILL 
To conserve global bear populations by prohibiting the impor-
tation, 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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bear Protection Act 
of 2009’’. 
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 Conven-
tion 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 re-
garding the conditions for trade, taking, possession, 
or transport of species listed on appendix I or II, 
and the Parties to CITES adopted a resolution in 
1997 (Conf. 10.8) urging the Parties to take imme-
diate action to demonstrably reduce the illegal trade 
in bear parts; 
(3) thousands of bears in Asia are cruelly con-
fined in small cages to be milked for their bile, and 
the wild Asian bear population has declined signifi-
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cantly 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 popu-
lations 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 la-
beled 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 la-
beled or advertised as containing, bear viscera; 
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(2) encouraging bilateral and multilateral ef-
forts 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 sub-
ject to the jurisdiction of the United States, whether 
or not the landing, bringing, or introduction con-
stitutes 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, depart-
ment, or instrumentality of— 
(i) the Federal Government; 
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(ii) any State, municipality, or polit-
ical subdivision of a State; or 
(iii) any foreign government; 
(C) any other entity subject to the jurisdic-
tion 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 Com-
monwealth of the Northern Mariana Islands, Amer-
ican 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, con-
veyance, 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 sub-
stance containing, or labeled or advertised as con-
taining, bear viscera; or 
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(2) sell or barter, offer to sell or barter, pur-
chase, possess, transport, deliver, or receive, in inter-
state or foreign commerce, bear viscera or any prod-
uct, item, or substance containing, or labeled or ad-
vertised as containing, bear viscera. 
(b) EXCEPTION FOR WILDLIFE LAW ENFORCEMENT 
PURPOSES.—A person described in subparagraph (B) 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 ad-
vertised as containing, bear viscera if the importation, ex-
portation, or transportation— 
(1) is solely for purposes of enforcing laws re-
lating to the protection of wildlife; 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 Conven-
tion. 
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.— 
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(1) AMOUNT.—A person that knowingly violates 
section 5 may be assessed a civil penalty by the Sec-
retary of not more than $25,000 for each violation. 
(2) MANNER
OF
ASSESSMENT
AND
COLLEC-
TION.—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 exported, imported, sold, 
bartered, attempted to be exported, imported, sold, 
bartered, offered for sale or barter, purchased, possessed, 
transported, delivered, or received in violation of this sec-
tion (including any regulation issued under this section) 
shall be seized and forfeited to the United States. 
(d) REGULATIONS.—After consultation with the Sec-
retary of the Treasury and the United States Trade Rep-
resentative, 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 sec-
tion in the manner in which the Secretaries carry out en-
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forcement 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 sec-
tion 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. 
The Secretary shall 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 and with 
other representatives of countries that are not party to 
the Convention which are determined by the Secretary and 
the United States Trade Representative to be the leading 
importers, exporters, or consumers of bear viscera, in 
order to seek to establish coordinated efforts with these 
countries to protect bears. 
SEC. 8. CERTAIN RIGHTS NOT AFFECTED. 
Except as provided in section 5, nothing in this Act 
shall be construed to affect the regulation by any State 
of its bear population or to affect the hunting of bears 
that is lawful under applicable State laws and regulations. 
Æ 
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