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 1999’’.
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 on Appendix I or II, and the
Parties to CITES adopted a resolution (Conf. 10.8)
urging Parties to take immediate action to demon-
strably reduce the illegal trade in bear parts and de-
rivatives;
(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 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 international trade in bear
viscera and products containing, or labeled or adver-
tised 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) a State, municipality, or political sub-
division of a State; and
(D) any other entity subject to the juris-
diction 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) 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 importa-
tion, exportation, or transportation—
(1) is solely for wildlife law enforcement pur-
poses; 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) PRODUCTS, ITEMS, AND SUBSTANCES.—Any bear
viscera, or any product, item, or substance sold, imported,
or exported, or attempted to be sold, imported, or ex-
ported, in violation of this section (including any regula-
tion issued under this section) shall be seized and forfeited
to the United States.
(d) REGULATIONS.—After consultation with the Sec-
retary of the Treasury, the Secretary of Health and
Human Services, and the United States Trade Represent-
ative, the Secretary shall issue such regulations as are nec-
essary 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-