Requires the Secretary of the Interior to 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 to be the leading importers, exporters, or consumers of such products, in order to establish coordinated efforts with such countries to protect bears.
Declares that nothing in this Act shall be construed to affect state regulation of bear population or to affect the lawful hunting of bears under state law.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3029 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3029
To conserve global bear populations by prohibiting the importation,
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2007
Mr. Grijalva (for himself, Mr. Campbell of California, Mr. Conyers, Mr.
George Miller of California, Mr. Farr, Mr. Fortenberry, Ms. Schakowsky,
Mr. Gutierrez, Mrs. McCarthy of New York, Mr. Serrano, Ms. DeLauro, Mr.
Kucinich, Mr. Lewis of Georgia, Mr. Nadler, Mr. Udall of Colorado, Mr.
Rangel, Mr. Hinchey, and Mr. Davis of Illinois) introduced the
following 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 jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To conserve global bear populations by prohibiting the importation,
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bear Protection Act of 2007''.
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 Convention 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 regarding 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 immediate
action to demonstrably reduce the illegal trade in bear parts;
(3) thousands of bears in Asia are cruelly confined in
small cages to be milked for their bile, and the wild Asian
bear population has 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 populations 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 labeled 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 labeled or advertised as
containing, bear viscera;
(2) encouraging bilateral and multilateral efforts 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 subject to the jurisdiction
of the United States, whether or not the landing, bringing, or
introduction constitutes 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, department, or
instrumentality of--
(i) the Federal Government;
(ii) any State, municipality, or political
subdivision of a State; or
(iii) any foreign government;
(C) any other entity subject to the jurisdiction 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 Commonwealth of the Northern Mariana
Islands, American 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, conveyance, 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 substance containing, or
labeled or advertised as containing, bear viscera; or
(2) sell or barter, offer to sell or barter, purchase,
possess, transport, deliver, or receive, in interstate or
foreign commerce, bear viscera or any product, item, or
substance containing, or labeled or advertised 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
advertised as containing, bear viscera if the importation, exportation,
or transportation--
(1) is solely for purposes of enforcing laws relating 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
Convention.
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 Secretary of not more than
$25,000 for each violation.
(2) Manner of assessment and collection.--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 section (including any regulation issued under this section)
shall be seized and forfeited to the United States.
(d) Regulations.--After consultation with the Secretary of the
Treasury and the United States Trade Representative, 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 section in the manner in which the Secretaries carry
out enforcement 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 section 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.
<all>
Introduced in House
Introduced in House
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 jurisdiction of the committee concerned.
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 jurisdiction of the committee concerned.
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 jurisdiction of the committee concerned.
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 jurisdiction of the committee concerned.
Referred to the Subcommittee on Fisheries, Wildlife, and Oceans.
Referred to the Subcommittee on Trade.
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