Bear Protection Act of 2008

Bear Protection Act of 2008 - Amends the Lacey Act Amendments of 1981 to make it unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce bear viscera. Defines "bear viscera" as the body fluids or internal organs of a bear, including its gallbladder and excluding its blood or brains.

Provides that this Act does not affect the regulation by any state of its bear populations or affect the hunting of bears that is lawful under state laws.

[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5534 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5534

To amend the Lacey Act Amendments of 1981 to extend its protections to 
bears illegally harvested for their viscera in the same manner as with 
    respect to prohibited wildlife species, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2008

 Mr. Grijalva introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Lacey Act Amendments of 1981 to extend its protections to 
bears illegally harvested for their viscera in the same manner as with 
    respect to prohibited wildlife species, 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 2008''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure the long-term viability of the 
world's 8 bear species by reinforcing State conservation and management 
of bear populations.

SEC. 3. BEAR VISCERA DEFINED.

    Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is 
amended--
            (1) by redesignating paragraphs (a) through (k) as 
        paragraphs (b) through (l), respectively; and
            (2) by inserting before paragraph (b) (as so redesignated) 
        the following new paragraph:
    ``(a) Bear Viscera.--The term `bear viscera'--
            ``(1) subject to subparagraphs (2) and (3), means the body 
        fluids or internal organs of a species of bear;
            ``(2) except as provided in subparagraph (3), includes the 
        gallbladder of such a species and its contents; and
            ``(3) does not include blood or brains of such a 
        species.''.

SEC. 4. DISCOURAGING THE ILLEGAL HARVEST OF BEARS FOR THEIR VISCERA.

    Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is 
amended in subsections (a)(2)(C) and (e)(1) by inserting ``or bear 
viscera'' after ``prohibited wildlife species'' each place it appears.

SEC. 5. STATE MANAGEMENT AUTHORITY.

    None of the amendments made by this Act shall be construed to 
affect the regulation by any State of its bear populations or to affect 
the hunting of bears that is lawful under applicable State laws and 
regulations.
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