IB
Union Calendar No. 286
105TH CONGRESS
2D SESSION
H. R. 2807
[Report No. 105–495]
To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit
the sale, importation, and exportation of products labeled as containing
substances derived from rhinoceros or tiger.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 4, 1997
Mr. SAXTON (for himself and Mr. MILLER of California) introduced the
following bill; which was referred to the Committee on Resources
APRIL 28, 1998
Additional sponsors: Mr. KENNEDY of Rhode Island, Mr. GALLEGLY, Mrs.
MORELLA, Mr. PRICE of North Carolina, Mr. FRANK of Massachusetts,
Mr. CALVERT, Ms. PELOSI, Ms. DEGETTE, Mr. FARR of California, Mr.
SHAYS, Mr. MORAN of Virginia, Mr. TOWNS, Mr. SCHIFF, Mrs. LOWEY,
Mr. GOODLATTE, Ms. HOOLEY of Oregon, Mr. BOEHLERT, Mr. MCGOV-
ERN, Mr. CAMPBELL, Mr. PAPPAS, Mr. DELAHUNT, Mr. LAMPSON, Mr.
MANTON, Mr. SKAGGS, Mrs. JOHNSON of Connecticut, Ms. RIVERS, Ms.
FURSE, Mr. GREEN, Mr. PORTMAN, Mr. GUTIERREZ, Mr. FILNER, Mr.
COOK, Ms. WOOLSEY, Mr. MARKEY, Mr. OLVER, Ms. NORTON, Mr. SAW-
YER, Mr. LANTOS, Mr. NEAL of Massachusetts, Ms. LOFGREN, Mr. DUN-
CAN, Mr. SANDERS, and Mr. TRAFICANT
APRIL 28, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend the Rhinoceros and Tiger Conservation Act of
1994 to prohibit the sale, importation, and exportation
of products labeled as containing substances derived from
rhinoceros or tiger.
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 ‘‘Rhino and Tiger Prod-
uct Labeling Act’’.
SEC. 2. PROHIBITION ON SALE, IMPORTATION, AND EXPOR-
TATION
OF
PRODUCTS
LABELED
AS
CON-
TAINING A SUBSTANCE DERIVED FROM RHI-
NOCEROS OR TIGER.
(a) FINDINGS.—The Congress finds the following:
(1) The populations of several magnificent and
unique endangered species of rhinoceros and tigers,
such as the Indian rhinoceros, the Javan rhinoceros,
the African black rhinoceros, and all of the tiger
subspecies, continue to decline.
(2) Growing demand throughout the world for
wildlife and wildlife parts and products has created
a market in which commercial exploitation has
threatened certain rhinoceros and tiger populations.
(3) There are insufficient legal mechanisms en-
abling the United States Fish and Wildlife Service
to forcefully interdict products that are labeled as
containing substances derived from rhinoceros or
tiger species and prosecute the merchandisers for
sale or display of those products.
(4) Although approximately 77,000 import and
export shipments occur annually in the United
States, the United States Fish and Wildlife Service
is able to maintain only 92 wildlife inspectors at 30
ports of entry, including 13 designated ports, to
monitor the shipments.
(5) Wildlife inspectors are able to physically in-
spect only an estimated 5 to 10 percent of all import
and export shipments, making the rate of detection
of contraband wildlife products extremely low.
(b) PROHIBITION.—The Rhinoceros and Tiger Con-
servation Act of 1994 (16 U.S.C. 5301 et seq.) is amended
by redesignating section 7 as section 8, and by inserting
after section 6 the following new section:
‘‘SEC. 7. PROHIBITION RELATING TO LABELING.
‘‘(a) PROHIBITION.—No person shall sell, import, or
export any product labeled as containing any substance
derived from any species of rhinoceros or tiger.
‘‘(b) PENALTY.—Any person who knowingly violates
subsection (a) shall be fined under title 18, United States
Code, imprisoned for not more than 1 year, or both.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Rhino and Tiger Prod-
uct Labeling Act’’.
SEC. 2. PROHIBITION ON SALE, IMPORTATION, AND EXPOR-
TATION OF PRODUCTS LABELED AS CONTAIN-
ING A SUBSTANCE DERIVED FROM RHINOC-
EROS OR TIGER.
(a) FINDINGS.—The Congress finds the following:
(1) The populations of several magnificent and
unique endangered species of rhinoceros and tigers,
such as the Indian rhinoceros, the Javan rhinoceros,
the African black rhinoceros, and all of the tiger sub-
species, continue to decline.
(2) Growing demand throughout the world for
wildlife and wildlife parts and products has created
a market in which commercial exploitation has
threatened certain rhinoceros and tiger populations.
(3) There are insufficient legal mechanisms ena-
bling the United States Fish and Wildlife Service to
forcefully interdict products that are labeled as con-
taining substances derived from rhinoceros or tiger
species and prosecute the merchandisers for sale or
display of those products.
(4) Although approximately 77,000 import and
export shipments occur annually in the United
States, the United States Fish and Wildlife Service is
able to maintain only 92 wildlife inspectors at 30
ports of entry, including 13 designated ports, to mon-
itor the shipments.
(5) Wildlife inspectors are able to physically in-
spect only an estimated 5 to 10 percent of all import
and export shipments, making the rate of detection of
contraband wildlife products extremely low.
(6) Alternatives are available to the traditional
medicinal products that contain substances derived
from rhinoceros and tiger species.
(7) Public education initiatives directed toward
traditional user groups on the endangered status of
rhinoceros and tiger species and on the availability of
alternative products in traditional medicine have
proven useful in reducing the demand for products la-
beled as containing substances derived from rhinoc-
eros and tiger species, and should be encouraged.
(b) PROHIBITION, PENALTIES, AND ENFORCEMENT.—
The Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5301 et seq.) is amended by redesignating section
7 as section 8, and by inserting after section 6 the following:
‘‘SEC. 7. PROHIBITION RELATING TO PRODUCTS CONTAIN-
ING OR PURPORTING TO CONTAIN ANY SUB-
STANCE DERIVED FROM A RHINOCEROS OR
TIGER SPECIES.
‘‘(a) PROHIBITION.—No person shall sell, import, or
export, or attempt to sell, import, or export any product,
item, or substance intended for human consumption con-
taining or purporting to contain any substance derived
from any species of rhinoceros or tiger.
‘‘(b) PENALTIES.—
‘‘(1) CRIMINAL
PENALTY.—Any person who
knowingly violates subsection (a) shall be fined under
title 18, United States Code, imprisoned for not more
than 1 year, or both.
‘‘(2) CIVIL PENALTIES.—Any person who know-
ingly violates, and any person engaged in business as
an importer, distributor, or retailer of products,
items, or substances purporting to contain substances
derived from any species of rhinoceros or tiger who
violates subsection (a) may be assessed a civil penalty
by the Secretary of not more than $25,000 for each
violation. A civil penalty under this paragraph 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 sec-
tion 11(a) of that Act (16 U.S.C. 1540(a)).
‘‘(c) FORFEITURES.—Any product, item, or substance
sold, imported, or exported, or attempted to be sold, im-
ported, or exported, contrary to the provisions of this Act
or any regulation made pursuant thereto shall be subject
to forfeiture to the United States. All equipment, vessels,
vehicles, aircraft, and other means of transportation used
to aid the selling, exporting, or importing, or an attempt
to sell, export, or import, of any product, item, or substance
in violation of this Act or any regulation issued pursuant
to this Act, shall be subject to forfeiture to the United States
upon conviction of a criminal violation pursuant to sub-
section (b). All laws relating to the seizure, forfeiture, and
condemnation of a vessel for violation of the customs laws,
the disposition of such vessel or the proceeds from the sale
thereof, and the remission or mitigation of such forfeiture,
shall apply to the seizures and forfeitures incurred, or al-
leged to have been incurred, under this Act, insofar as those
laws are applicable and not inconsistent with this Act; ex-
cept that all powers, rights, and duties conferred or imposed
by the customs laws upon any officer or employee of the
Treasury Department shall, for the purposes of this Act, be
exercised or performed by the Secretary or by such persons
as the Secretary may designate.
‘‘(d) REGULATIONS.—The Secretary, after consultation
with the Secretary of the Treasury, the Secretary of Health
and Human Services, and the United States Trade Rep-
resentative, shall prescribe regulations that are necessary
and appropriate to carry out the purposes of 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
same manner such Secretaries carry out enforcement activi-
ties under section 11(e) of the Endangered Species Act of
1973 (16 U.S.C. 1540(e)).’’.
(c) DEFINITION OF PERSON.—Section 4 of the Rhinoc-
eros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.) is amended by—
(1) striking ‘‘and’’ at the end of paragraph (4);
(2) striking the period at the end of paragraph
(5) and inserting ‘‘; and’’; and
(3) adding at the end the following:
‘‘(6) ‘person’ means—
‘‘(A) an individual, corporation, partner-
ship, trust, association, or other private entity;
‘‘(B) an officer, employee, agent, depart-
ment, or instrumentality of the Federal Govern-
ment, of any State, municipality, or political
subdivision of a State, or of any foreign govern-
ment;
‘‘(C) a State, municipality, or political sub-
division of a State; or
‘‘(D) any other entity subject to the juris-
diction of the United States.’’.
Union Calendar No. 286
105TH CONGRESS
2D SESSION
H. R. 2807
[Report No. 105–495]
A BILL
To amend the Rhinoceros and Tiger Conservation
Act of 1994 to prohibit the sale, importation, and
exportation of products labeled as containing
substances derived from rhinoceros or tiger.
APRIL 28, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed