I
107TH CONGRESS
1ST SESSION
H. R. 397
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
FEBRUARY 6, 2001
Mr. GALLEGLY (for himself, Mr. BEREUTER, Mr. GEORGE MILLER of Cali-
fornia, Mrs. JOHNSON of Connecticut, Mr. LANTOS, Mr. GILMAN, Mr.
ABERCROMBIE, Mr. LEACH, Mr. TANCREDO, Mr. SMITH of New Jersey,
Mr. PALLONE, Mr. SHAYS, Mr. SMITH of Washington, Mr. WHITFIELD,
Mr. LEVIN, Mr. KOLBE, Mr. ACKERMAN, Mr. GREENWOOD, Mr. BER-
MAN, Mr. HORN, Mr. WEXLER, Mr. MICA, Mr. MENENDEZ, Mr. BASS,
Ms. LEE, Mr. BOEHLERT, Mr. KLECZKA, Mr. INSLEE, Mr. NADLER,
Mrs. MALONEY of New York, Ms. WOOLSEY, Ms. PELOSI, Mr. DOYLE,
Mr. BOUCHER, Ms. NORTON, Mr. BORSKI, Mr. OLVER, Ms. BALDWIN,
Mr. PRICE of North Carolina, Ms. RIVERS, Mr. HOLT, Mr. NEAL of Mas-
sachusetts, Mr. BENTSEN, Mr. BLAGOJEVICH, Mr. LAMPSON, Mr. FIL-
NER, Mr. PASCRELL, Ms. ESHOO, Ms. SCHAKOWSKY, Mr. BLUMENAUER,
Mr. ROTHMAN, Mrs. MINK of Hawaii, Mr. SIMMONS, Mr. WEINER, Ms.
DELAURO, Mr. COSTELLO, Mr. LUTHER, Mr. KUCINICH, Mr. SHERMAN,
Mr. FRELINGHUYSEN, Ms. CARSON of Indiana, Mr. THOMPSON of Cali-
fornia, Mr. LIPINSKI, Mr. GREEN of Wisconsin, Mr. EVANS, Mr.
DELAHUNT, Mr. PHELPS, Mr. OBERSTAR, Mr. BAIRD, Mr. HINCHEY,
Mr. EHLERS, Ms. MCKINNEY, Ms. ROYBAL-ALLARD, Mr. FRANK, Mr.
PAYNE, Mr. TIERNEY, and Mr. STARK) 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 com-
mittee 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.
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 2001’’.
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-
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;
(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;
(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
(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.—
(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-
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.
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