[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3518 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3518
To conserve global bear populations by prohibiting the importation,
exportation, and interstate trade of bear viscera and bear viscera
products, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2023
Mr. McCaul (for himself, Mr. Lieu, Mr. Fitzpatrick, and Ms. Kuster)
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 bear viscera
products, 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 2023''.
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 in 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
the trade, taking, possession, or transport of species listed
in 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) in Asia, thousands of bears are cruelly confined in
small cages to be milked for their bile, and bear populations
in Asia have declined significantly in recent years as a result
of habitat loss and poaching driven by a strong demand for bear
viscera for use 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 and
exportation from the United States, as well as prohibitions
against the interstate trade, of bear viscera and bear viscera
products 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 extant bear species by--
(1) prohibiting interstate and international trade in bear
viscera and bear viscera products;
(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 bear viscera
products.
SEC. 4. DEFINITIONS.
In this Act:
(1) Bear viscera.--The term ``bear viscera'' means, with
respect to a species of bear, body fluids or internal organs--
(A) including the gallbladder and its contents; and
(B) not including blood or brains.
(2) Bear viscera product.--The term ``bear viscera
product'' means any item, product, or substance containing, or
labeled or advertised as containing, bear viscera.
(3) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora (27 UST 1087; TIAS 8249).
(4) 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 such landing, bringing, or
introduction constitutes an importation within the meaning of
the customs laws of the United States.
(5) 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) a State, municipality, or political
subdivision of a State; or
(iii) a foreign government; and
(C) any other entity subject to the jurisdiction of
the United States.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory and
possession of the United States.
SEC. 5. PROHIBITED ACTS.
(a) In General.--Except as provided in subsection (b), it shall be
unlawful for any person to--
(1) import into, or export from, the United States bear
viscera or any bear viscera product; 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 bear viscera product.
(b) Exception for Wildlife Law Enforcement Purposes.--A person
described in section 4(5)(B) may carry out an activity prohibited under
subsection (a) if such activity is--
(1) solely for the purpose of enforcing a law relating to
the protection of wildlife; and
(2) 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 knowingly violates section
5(a) shall be fined under title 18, United States Code, imprisoned for
not more than 1 year, or both.
(b) Civil Penalties.--
(1) Amount.--A person that knowingly violates section 5(a)
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 collected in the
manner in which a civil penalty under the Endangered Species
Act of 1973 is assessed and collected under section 11(a) of
that Act (16 U.S.C. 1540(a)).
(c) Seizure and Forfeiture.--Any bear viscera or bear viscera
product treated in a manner that violates section 5(a), or any
regulation issued pursuant thereto, shall be subject to seizure and
forfeiture to the United States.
(d) Regulations.--The Secretary shall, in consultation with the
Secretary of the Treasury and the United States Trade Representative,
issue such regulations as are necessary to carry out 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 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 Sums Received.--Sums received as penalties, fines, or
forfeiture of property for any violation of section 5(a), or any
regulation issued pursuant thereto, 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 VISCERA
TRADE.
In order to establish coordinated efforts to protect bears, the
Secretary shall continue discussions concerning trade in bear viscera
and bear viscera products with representatives of countries that--
(1) are Parties to CITES; and
(2) are not Parties to CITES that are determined by the
Secretary and the United States Trade Representative to be
leading importers, exporters, or consumers of bear viscera or
bear viscera products.
SEC. 8. CERTAIN RIGHTS NOT AFFECTED.
Except as provided in section 5, nothing in this Act shall be
construed to affect--
(1) the regulation by a State of a bear population of that
State;
(2) the hunting of bears in a State that is in a manner
that is lawful under the laws and regulations of that State; or
(3) the use of bear viscera or any bear viscera product as
part of a traditional Native American ritual or ceremony.
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