I
105TH CONGRESS
1ST SESSION
H. R. 619
To prohibit the import, export, sale, purchase, possession, transportation,
acquisition, and receipt of bear viscera or products that contain or
claim to contain bear viscera, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 5, 1997
Mr. PORTER (for himself, Mr. SHAYS, Mr. OLVER, Mr. FRANK of Massachu-
setts, Ms. MOLINARI, Mrs. MALONEY of New York, Mr. LEWIS of Geor-
gia, Mrs. KELLY, Ms. WOOLSEY, Mr. GEJDENSON, Mr. BENTSEN, Ms.
NORTON, Mr. SANDERS, Mr. LANTOS, Mr. BROWN of California, Ms.
MCKINNEY, Mr. HINCHEY, Mr. FALEOMAVAEGA, Mr. MANTON, Mr.
FARR of California, Ms. RIVERS, Mr. FRANKS of New Jersey, Mr.
MCDERMOTT, Mr. SKAGGS, Mr. STARK, Mr. YATES, Mr. BILBRAY, Mr.
GILMAN, Mr. TOWNS, Mr. ROGAN, Mr. GOSS, Mr. SMITH of New Jersey,
Ms. PELOSI, Mr. OBERSTAR, Mr. ROMERO-BARCELO´, Mr. LEACH, Mr.
BOUCHER, Mr. TORRES, Mrs. MORELLA, Mr. CARDIN, Mr. COSTELLO,
Mr. EVANS, Mr. DELLUMS, Mr. BOEHLERT, Mr. HORN, Mr. CAMPBELL,
Mr. TALENT, Ms. FURSE, and Mr. PAYNE) 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 prohibit the import, export, sale, purchase, possession,
transportation, acquisition, and receipt of bear viscera
or products that contain or claim to contain 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’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) there are 8 extant species of bear: Asian
black bear, brown bear, polar bear, American black
bear, spectacled bear, giant panda, sun bear, and
sloth bear;
(2) the Asian black bear populations have been
decimated in recent years by illegal trade to supply
the growing demand for medicines and cosmetics
containing valuable bear viscera;
(3) without immediate action to end United
States involvement in the lucrative black market
trade in bear viscera, American bear populations
may suffer the same devastating losses as Asian
bear populations;
(4) increasingly, undercover operations have
discovered that poachers are establishing extensive
smuggling networks to illegally commercialize Amer-
ican bears;
(5) because it is practically impossible to distin-
guish the viscera of CITES Appendix I bears from
the viscera of other bear species, there is an urgent
need to eliminate the trade in the viscera of all bear
species;
(6) as a party to CITES, a world leader in
wildlife conservation, and a large market for and
supplier of bear viscera and products, the United
States shares responsibility for supporting and im-
plementing measures to stop the illegal trade in
CITES Appendix I Asian black bears and CITES
Appendix II American black bears;
(7) inconsistency in State prohibition of com-
mercialization of bear gall and inadequate Federal
regulation of such commercialization make law en-
forcement difficult; and
(8) individual States, which have the right to
set, maintain, and enforce quotas for the legal hunt-
ing of black bears, will be assisted in their manage-
ment efforts by the enactment of a Federal law ban-
ning the import of, export of, and interstate com-
merce in bear viscera.
SEC. 3. PURPOSE.
The purpose of this Act is to ensure the long-term
viability of the world’s 8 bear species and specifically to
perpetuate healthy populations of American bears.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States that effective
long-term conservation of the world’s bear species, includ-
ing North American bears, depends in part on the prohibi-
tion of the lucrative trade in bear viscera.
SEC. 5. DEFINITIONS.
In this Act:
(1) BEAR VISCERA.—The term ‘‘bear viscera’’
means the body fluids or internal organs (including
the gallbladder) of a species of bear.
(2) CITES.—The term ‘‘CITES’’ means the
Convention on International Trade in Endangered
Species of Wild Fauna and Flora, done at Washing-
ton on March 3, 1973 (27 UST 1087; TIAS 8249).
(3) OTHER TERMS.—The terms ‘‘import’’, ‘‘per-
son’’, ‘‘State’’, and ‘‘transport’’ have the meanings
provided in section 2 of the Lacey Act Amendments
of 1981 (16 U.S.C. 3371).
SEC. 6. PROHIBITED ACTS.
A person who—
(1) imports into the United States, or exports
from the United States, bear viscera or products
that contain or claim to contain bear viscera; or
(2) sells, barters, offers to sell or barter, pur-
chases, possesses with intent to sell or barter, trans-
ports, acquires, or receives in interstate or foreign
commerce, bear viscera or products that contain or
claim to contain bear viscera;
shall be subject to section 7(a).
SEC. 7. PENALTIES AND ENFORCEMENT.
(a) IN GENERAL.—A person who engages in conduct
described in section 6 shall be subject to the penalties and
sanctions provided in sections 4 and 5 of the Lacey Act
Amendments of 1981 (16 U.S.C. 3373 and 3374).
(b) ENFORCEMENT.—
(1) IN GENERAL.—This Act shall be enforced in
the manner provided in subsections (a), (b), and (c)
of section 6 of the Lacey Act Amendments of 1981
(16 U.S.C. 3375).
(2) USE OF PENALTY AMOUNTS FOR REWARDS
AND INCIDENTAL EXPENSES.—Amounts received as
penalties, fines, or forfeiture of property under sub-
section (a) shall be used in accordance with section
6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).
SEC. 8. DISCUSSIONS CONCERNING TRADE PRACTICES.
(a) IN GENERAL.—The Secretary of the Interior and
the United States Trade Representative shall—
(1) discuss issues involving trade in bear viscera
with the appropriate representatives of such coun-
tries trading with the United States as are deter-
mined jointly by the Secretary of the Interior and
the Secretary of Commerce to be the leading import-
ers, exporters, or consumers of bear viscera; and
(2) attempt to establish coordinated efforts with
the countries to protect bears.
(b) REPORT.—Not later than 5 years after the date
of enactment of this Act, the Secretary of the Interior
shall submit to Congress a report describing the progress
of efforts to end illegal trade in bear viscera.
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