[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3196 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3196
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 SENATE OF THE UNITED STATES
January 15, 2020
Mr. Kennedy (for himself and Mr. Booker) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
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 2020''.
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 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 of CITES, 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
8 bear species of the world 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 that 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 the
contents of the gallbladder, but not including the blood or
brains, of a species of bear.
(2) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora (27 UST 1087; TIAS 8249).
(3) 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.
(4) 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; and
(C) any other entity subject to the jurisdiction of
the United States.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) 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.
(7) Transport.--The term ``transport'' means--
(A) to move, convey, carry, or ship by any means;
and
(B) 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), it shall be
unlawful for a person to knowingly--
(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 section 4(4)(B) 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 CITES, in any case in which such a permit is required
under CITES.
SEC. 6. PENALTIES AND ENFORCEMENT.
(a) Criminal Penalties.--A person that 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 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 (16 U.S.C. 1531 et seq.) 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, or 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 CITES and
representatives of countries that are not party to CITES that are
determined by the Secretary and the United States Trade Representative
to be the leading importers, exporters, or consumers of bear viscera,
to seek to establish coordinated efforts with those countries to
protect bears.
SEC. 8. CERTAIN RIGHTS NOT AFFECTED.
Except as provided in section 5, nothing in this Act affects--
(1) the regulation by any State of the bear population of
that State; or
(2) the hunting of bears that is lawful under applicable
State laws (including regulations).
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