Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-495
_______________________________________________________________________


 
                  RHINO AND TIGER PRODUCT LABELING ACT

_______________________________________________________________________


 April 28, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2807]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2807) to amend the Rhinoceros and Tiger Conservation Act 
of 1994 to prohibit the sale, importation, and exportation of 
products labeled as containing substances derived from 
rhinoceros or tiger, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Rhino and Tiger Product Labeling 
Act''.

SEC. 2. PROHIBITION ON SALE, IMPORTATION, AND EXPORTATION OF PRODUCTS 
                    LABELED AS CONTAINING A SUBSTANCE DERIVED FROM 
                    RHINOCEROS OR TIGER.

  (a) Findings.--The Congress finds the following:
          (1) The populations of several magnificent and unique 
        endangered species of rhinoceros and tigers, such as the Indian 
        rhinoceros, the Javan rhinoceros, the African black rhinoceros, 
        and all of the tiger subspecies, continue to decline.
          (2) Growing demand throughout the world for wildlife and 
        wildlife parts and products has created a market in which 
        commercial exploitation has threatened certain rhinoceros and 
        tiger populations.
          (3) There are insufficient legal mechanisms enabling the 
        United States Fish and Wildlife Service to forcefully interdict 
        products that are labeled as containing substances derived from 
        rhinoceros or tiger species and prosecute the merchandisers for 
        sale or display of those products.
          (4) Although approximately 77,000 import and export shipments 
        occur annually in the United States, the United States Fish and 
        Wildlife Service is able to maintain only 92 wildlife 
        inspectors at 30 ports of entry, including 13 designated ports, 
        to monitor the shipments.
          (5) Wildlife inspectors are able to physically inspect only 
        an estimated 5 to 10 percent of all import and export 
        shipments, making the rate of detection of contraband wildlife 
        products extremely low.
          (6) Alternatives are available to the traditional medicinal 
        products that contain substances derived from rhinoceros and 
        tiger species.
          (7) Public education initiatives directed toward traditional 
        user groups on the endangered status of rhinoceros and tiger 
        species and on the availability of alternative products in 
        traditional medicine have proven useful in reducing the demand 
        for products labeled as containing substances derived from 
        rhinoceros and tiger species, and should be encouraged.
  (b) Prohibition, Penalties, and Enforcement.--The Rhinoceros and 
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.) is amended by 
redesignating section 7 as section 8, and by inserting after section 6 
the following:

``SEC. 7. PROHIBITION RELATING TO PRODUCTS CONTAINING OR PURPORTING TO 
                    CONTAIN ANY SUBSTANCE DERIVED FROM A RHINOCEROS OR 
                    TIGER SPECIES.

  ``(a) Prohibition.--No person shall sell, import, or export, or 
attempt to sell, import, or export any product, item, or substance 
intended for human consumption containing or purporting to contain any 
substance derived from any species of rhinoceros or tiger.
  ``(b) Penalties.--
          ``(1) Criminal penalty.--Any person who knowingly violates 
        subsection (a) shall be fined under title 18, United States 
        Code, imprisoned for not more than 1 year, or both.
          ``(2) Civil penalties.--Any person who knowingly violates, 
        and any person engaged in business as an importer, distributor, 
        or retailer of products, items, or substances purporting to 
        contain substances derived from any species of rhinoceros or 
        tiger who violates subsection (a) may be assessed a civil 
        penalty by the Secretary of not more than $25,000 for each 
        violation. A civil penalty under this paragraph 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) Forfeitures.--Any product, item, or substance sold, imported, 
or exported, or attempted to be sold, imported, or exported, contrary 
to the provisions of this Act or any regulation made pursuant thereto 
shall be subject to forfeiture to the United States. All equipment, 
vessels, vehicles, aircraft, and other means of transportation used to 
aid the selling, exporting, or importing, or an attempt to sell, 
export, or import, of any product, item, or substance in violation of 
this Act or any regulation issued pursuant to this Act, shall be 
subject to forfeiture to the United States upon conviction of a 
criminal violation pursuant to subsection (b). All laws relating to the 
seizure, forfeiture, and condemnation of a vessel for violation of the 
customs laws, the disposition of such vessel or the proceeds from the 
sale thereof, and the remission or mitigation of such forfeiture, shall 
apply to the seizures and forfeitures incurred, or alleged to have been 
incurred, under this Act, insofar as those laws are applicable and not 
inconsistent with this Act; except that all powers, rights, and duties 
conferred or imposed by the customs laws upon any officer or employee 
of the Treasury Department shall, for the purposes of this Act, be 
exercised or performed by the Secretary or by such persons as the 
Secretary may designate.
  ``(d) Regulations.--The Secretary, after consultation with the 
Secretary of the Treasury, the Secretary of Health and Human Services, 
and the United States Trade Representative, shall prescribe regulations 
that are necessary and appropriate to carry out the purposes of 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 same manner such Secretaries carry out 
enforcement activities under section 11(e) of the Endangered Species 
Act of 1973 (16 U.S.C. 1540(e)).''.
  (c) Definition of Person.--Section 4 of the Rhinoceros and Tiger 
Conservation Act of 1994 (16 U.S.C. 5301 et seq.) is amended by--
          (1) striking ``and'' at the end of paragraph (4);
          (2) striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
          (3) adding at the end the following:
          ``(6) `person' means--
                  ``(A) an individual, corporation, partnership, trust, 
                association, or other private entity;
                  ``(B) an officer, employee, agent, department, or 
                instrumentality of the Federal Government, of any 
                State, municipality, or political subdivision of a 
                State, or of any foreign government;
                  ``(C) a State, municipality, or political subdivision 
                of a State; or
                  ``(D) any other entity subject to the jurisdiction of 
                the United States.''.

                          Purpose of the Bill

    The purpose of H.R. 2807 is to amend the Rhinoceros and 
Tiger Conservation Act of 1994 to prohibit the sale, 
importation, and exportation of products labeled or containing 
substances derived from rhinoceros or tiger.

                  Background and Need for Legislation

    During the 103rd Congress, the Rhinoceros and Tiger 
Conservation Act was enacted in an effort to help conserve the 
dwindling populations of rhinos and tigers living in the wild. 
While these species had once been prolific throughout Asia and 
Africa, during the past two decades they have suffered a 
tremendous population decline because of competition for land, 
human population growth, loss of habitat, and poaching. This 
occurred despite the fact that all populations of rhinoceros 
and tiger have been listed as endangered in the United States 
and by the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES) since the mid-1970s.
    At this time, it is estimated that there are about 11,000 
rhinos left in the wild. This is a significant decrease from 
the 65,000 rhinos in 1970. Of the five species of rhinoceros--
black, white, Indian, Javan, and Sumatran--only the population 
of white rhinos shows any sign that it has stabilized or may be 
increasing in numbers in Southern Africa.
    In 1987, the members of CITES voted to extend its worldwide 
ban on rhinoceros horn, urged the destruction of any 
stockpiles, and instructed all countries to stop all trade in 
rhino products. This international edict has been largely 
ignored. Rhino horn is still consumed as a pain medication in 
powdered form in China, Taiwan, and Korea; and it is used as 
decorative handles for ceremonial daggers in Yemen. As the 
population of rhinos has declined, the price of rhino horn has 
skyrocketed. In fact, African rhino horn can be worth as much 
as $10,000 per kilogram and the rarer Asian rhino horn up to 
$60,000 per kilogram.
    In terms of tigers, the likelihood of long-term survival of 
some populations is even more bleak. In fact, three 
subspecies--Bali, Caspian, and Javan are already extinct and a 
fourth subspecies--South China--is on the brink of extinction 
with a population of only about 20 animals. According to the 
Cat Specialist Group of the World Conservation Union, there are 
only about 5,000 tigers living in the wild. This is a dramatic 
decline from the 100,000 tigers that likely existed at the turn 
of the century. Nearly 60 percent of the world's surviving 
tigers, or about 3,750 animals, live in 21 forest reserves in 
India. However, despite strict government protection, about one 
tiger is killed every day in India.
    Although agricultural and commercial logging have destroyed 
large amounts of tiger habitat, illegal hunting or poaching has 
had the most dramatic immediate impact in most areas where 
tigers remain. Tigers are killed for their fur and most of 
their body parts. Tiger bone has been an ingredient in 
traditional Chinese medicines since at least 500 A.D. and its 
use is firmly established in several Asian cultures.
    Tiger bone powders, wines, and tablets are used to combat 
pain, kidney and liver problems, rheumatism, convulsions and 
heart conditions. In 1991, one-third of the world's Siberian 
tigers were killed to satisfy the demand for their bones and 
other parts. According to the World Wildlife Fund (WWF), tiger 
bones can sell for over $1,400 per pound.
    According to the WWF and the World Conservation Society 
(WCS), on any given day a consumer can purchase prepackaged 
medicines that clearly indicate they contain rhino and tiger 
parts in cities throughout America. While these pharmaceutical 
products are manufactured in China and Hong Kong, the United 
States has become a major market for their sale. In fact, a WWF 
survey, which was just completed, found that nearly 50 percent 
of the 110 shops they visited in North America offered 
medicines for sale containing or claiming to contain rhinos and 
tigers. WWF investigators identified at least 31 different 
types of rhino and tiger medicines that had been produced for 
sale by as many as 34 different manufacturers. The cities with 
the greatest number of shops offering these illegal products 
included: New York, Vancouver, Seattle, Toronto, Atlanta, San 
Francisco, and Los Angeles. Furthermore, the study found that 
the availability of these products has greatly increased over 
the past five years. In addition, a recent survey by WCS in New 
York City's Chinatown found 16 different tiger labeled products 
readily available in nearly 70 percent of the Asian herbal 
shops visited.
    In order to stop this slide toward extinction, it is 
essential that the market for these products be eliminated and 
that consumers stop purchasing medicines made from endangered 
rhinos and tigers.
    While U.S. Customs agents have confiscated some of these 
products prior to importation, the underlying problem is that 
it is virtually impossible to conclusively prove, even in a 
laboratory, that a product contains rhinoceros or tiger parts. 
These products contain many different types of active agents, 
and it is extremely difficult to distinguish between the bones 
of various mammals, all of which contain calcium.
    While it is true that the Customs Service and the U.S. Fish 
and Wildlife Service could conduct DNA tests on each of these 
products, these tests are prohibitively expensive and time 
consuming. There are literally thousands of products, and 
neither Customs nor the Fish and Wildlife Service have the 
resources to even begin to undertake such a job.
    The fundamental purpose of the Rhino and Tiger Product 
Labeling Act is to alleviate this testing problem. Under the 
terms of this legislation, if a label on a product says that it 
contains rhinoceros or tiger parts, then it cannot enter the 
United States because the legal presumption is made that it 
violates our laws. There is no need for any DNA testing and 
this legislation sends a clear, unmistakable message to those 
who traffic in illegal wildlife products that the U.S. market 
is now closed. By so doing, the Committee hopes that the 
financial incentives to kill a rhino or tiger will be 
eliminated.
    The Committee also expects that the appropriate legal 
authorities will take steps to ensure that any existing 
prepackaged Oriental medicines that have already entered the 
United States and purport to contain rhinos or tigers are not 
permitted to be sold after the date of enactment. Thisaction is 
consistent with various approved CITES resolutions that urge all 
nations to destroy all stockpiles of these products.
    H.R. 2807 is, in essence, truth in labeling for these 
endangered species. If a manufacturer tries to sell these 
medicines without a reference to rhinos or tigers, then studies 
indicate consumers are not likely to purchase them. For nearly 
2,000 years, people who practice traditional Chinese medicine 
have believed rhino and tiger parts will cure their various 
medical ailments.
    What is tragically ironic is that there are synthetic 
alternatives to these medicines. Unfortunately, they are not 
well known. In addition, there is a need for a new educational 
campaign targeted to those who buy these products. Based on the 
WCS survey, it is clear that the vast majority of people buying 
these medicines are not aware that they are directly 
contributing to the demise of highly endangered rhinos and 
tigers.

                            Committee Action

    H.R. 2807 was introduced by Congressmen Jim Saxton (R-NJ) 
and George Miller (D-CA) on November 4, 1997, and referred to 
the Committee on Resources. Within the Committee, the bill was 
referred to the Subcommittee on Fisheries Conservation, 
Wildlife and Oceans. The bill has 44 bipartisan cosponsors.
    On February 5, 1998, the Subcommittee on Fisheries 
Conservation, Wildlife and Oceans conducted a hearing on H.R. 
2807. Testimony was heard from the Honorable Bruce Babbitt, 
Secretary, Department of the Interior; Dr. Terry Maple, 
President and CEO, Zoo Atlanta; Ms. Kathryn Fuller, President, 
WWF; Dr. Lixing Lao, Assistant Professor, Family Medicine, 
University of Maryland; Ms. Dorene Bolze, Senior Policy 
Analyst, WCS; Dr. John Seidensticker, Curator of Mammals, 
National Zoological Park; Mr. Richard M. Parsons, Director, 
Department of Wildlife Conservation and Governmental Affairs, 
Safari Club International; and Dr. Thomas Foose, Program 
Director, International Rhino Foundation. In his testimony, 
Secretary Babbitt stated that ``passage of H.R. 2807 would 
complement and enhance our ongoing conservation efforts under 
the Rhinoceros and Tiger Conservation Act, the Pelly Amendment, 
CITES, and other domestic and international measures. We 
believe that the Rhino and Tiger Product Labeling Act will help 
continue the global leadership role of the United States in 
rhino and tiger conservation.'' In his testimony, Dr. Terry 
Maple, the President-Elect of the American Zoo and Aquarium 
Association, said that ``H.R. 2807 must be enacted into law. 
Passage of H.R. 2807 combined with increased appropriations for 
law enforcement will certainly be a bold step by the United 
States in ending the slaughter of the rhinoceros and tigers in 
the world.'' Finally, Ms. Dorene Bolze testified that ``this 
bill offers a valuable tool to expedite law enforcement efforts 
to reduce the trade in illegal tiger and rhino-based TCM 
products.''
    On February 12, 1998, the Subcommittee on Fisheries 
Conservation, Wildlife and Oceans considered H.R. 2807 in a 
markup session. At that time, Mr. Saxton offered an amendment 
in the nature of a substitute that made a number of technical 
changes in the legislation and worked to ensure that the 
Department of the Interior had the proper enforcement tools to 
confiscate these Chinese medicines at our borders. Congressman 
Sam Farr (D-CA) offered an amendment to the substitute that 
emphasized the need for an educational campaign to discourage 
the use of these products. This amendment was adopted by voice 
vote. The Saxton amendment, as amended, was adopted by voice 
vote and the bill was favorably reported to the full Committee 
on Resources by voice vote.
    On March 11, 1998, the full Resources Committee met to 
consider H.R. 2807. No further amendments were offered and the 
bill was ordered favorably reported to the House of 
Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 2807.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2807. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2807 does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures. 
According to the Congressional Budget Office, enactment of H.R. 
2807 could affect federal revenues and direct spending, but the 
effect of any such changes would be minimal and largely 
offsetting.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2807.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2807 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 17, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget office has 
prepared the enclosed cost estimate for H.R. 2807, the Rhino 
and Tiger Product Labeling Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts for this 
estimate are Deborah Reis (for federal costs), Marjorie Miller 
(for the state and local impact), and Lesley Frymier (for the 
private-sector impact).
            Sincerely,
                                             James L. Blum,
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 2807--Rhino and Tiger Product Labeling Act

    CBO estimates that implementing H.R. 2807 would have no 
significant impact on the federal budget. The bill could affect 
both federal revenues and direct spending; therefore, pay-as-
you-go procedures would apply. The effect of any such changes, 
however, would be minimal and largely offsetting.
    H.R. 2807 would prohibit any person from selling, 
importing, or exporting products containing (or labeled as 
containing) any substance derived from rhinoceroses or tigers. 
The bill would establish both criminal and civil penalties to 
be imposed on anyone who violates the prohibition as well as 
rules for seizing and disposing of certain assets used by 
criminal offenders. The bill's fines and asset forfeiture 
provisions would be similar to those imposed under the Lacey 
Act, which currently prohibits sales, imports, and other 
transactions involving endangered species. Finally, H.R. 2807 
would direct the Secretaries of the Interior, the Treasury, and 
Transportation to enforce the legislation in the same manner as 
they enforce the Endangered Species Act of 1973.
    Because the activities prohibited by H.R. 2807 are already 
unlawful, CBO expects that implementing the bill would not 
increase the enforcement responsibilities or discretionary 
expenses of federal agencies. Instead, the bill would 
facilitate existing enforcement efforts by relieving agencies 
of the responsibility of proving that products labeled as 
containing rhinoceros or tiger parts actually contain them.
    The bill could affect revenues from civil and criminal 
fines and from proceeds from sales of forfeited assets. The 
direction of any change, however, is uncertain. On the one 
hand, revenues could increase if the sale and export of 
prohibited (or falsely labeled) items does not change and 
federal enforcement agencies are able to collect more fines 
under the broader language of the bill. On the other hand, 
revenues could fall if the bill induces some sellers and 
importers to curtail their activities. In either event, CBO 
estimates that any increases or decreases in revenues would be 
less than $500,000 annually. Moreover, such changes would be 
offset by respective decreases or increases in direct spending 
from the crime victims fund (where criminal fines are 
deposited) or the resource management account of the U.S. Fish 
and Wildlife Service (where civil fines and proceeds from 
forfeitures are deposited).
    H.R. 2807 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
because the bill would impose no new enforceable duties. The 
bill's prohibition on the sale, import, or export of products 
containing or purporting to contain substances derived from 
rhinoceroses or tigers would simply facilitate the enforcement 
of existing prohibitions on such activities. The bill also 
would have no impact on the budgets of state, local, or tribal 
governments.
    The CBO staff contacts for this estimate are Deborah Reis 
(for federal costs), Marjorie Miller (for the state and local 
impact), and Lesley Frymier (for the private-sector impact). 
This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 2807 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

             RHINOCEROS AND TIGER CONSERVATION ACT OF 1994



           *       *       *       *       *       *       *
SEC. 4. DEFINITIONS.

  In this Act--
          (1) * * *

           *       *       *       *       *       *       *

          (4) ``Secretary'' means the Secretary of the 
        Interior; [and]
          (5) ``Administrator'' means the Administrator of the 
        Agency for International Development[.]; and
          (6) ``person'' means--
                  (A) an individual, corporation, partnership, 
                trust, association, or other private entity;
                  (B) an officer, employee, agent, department, 
                or instrumentality of the Federal Government, 
                of any State, municipality, or political 
                subdivision of a State, or of any foreign 
                government;
                  (C) a State, municipality, or political 
                subdivision of a State; or
                  (D) any other entity subject to the 
                jurisdiction of the United States.

           *       *       *       *       *       *       *


SEC. 7. PROHIBITION RELATING TO PRODUCTS CONTAINING OR PURPORTING TO 
                    CONTAIN ANY SUBSTANCE DERIVED FROM A RHINOCEROS OR 
                    TIGER SPECIES.

  (a) Prohibition.--No person shall sell, import, or export, or 
attempt to sell, import, or export any product, item, or 
substance intended for human consumption containing or 
purporting to contain any substance derived from any species of 
rhinoceros or tiger.
  (b) Penalties.--
          (1) Criminal penalty.--Any person who knowingly 
        violates subsection (a) shall be fined under title 18, 
        United States Code, imprisoned for not more than 1 
        year, or both.
          (2) Civil penalties.--Any person who knowingly 
        violates, and any person engaged in business as an 
        importer, distributor, or retailer of products, items, 
        or substances purporting to contain substances derived 
        from any species of rhinoceros or tiger who violates 
        subsection (a) may be assessed a civil penalty by the 
        Secretary of not more than $25,000 for each violation. 
        A civil penalty under this paragraph 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) Forfeitures.--Any product, item, or substance sold, 
imported, or exported, or attempted to be sold, imported, or 
exported, contrary to the provisions of this Act or any 
regulation made pursuant thereto shall be subject to forfeiture 
to the United States. All equipment, vessels, vehicles, 
aircraft, and other means of transportation used to aid the 
selling, exporting, or importing, or an attempt to sell, 
export, or import, of any product, item, or substance in 
violation of this Act or any regulation issued pursuant to this 
Act, shall be subject to forfeiture to the United States upon 
conviction of a criminal violation pursuant to subsection (b). 
All laws relating to the seizure, forfeiture, and condemnation 
of a vessel for violation of the customs laws, the disposition 
of such vessel or the proceeds from the sale thereof, and the 
remission or mitigation of such forfeiture, shall apply to the 
seizures and forfeitures incurred, or alleged to have been 
incurred, under this Act, insofar as those laws are applicable 
and not inconsistent with this Act; except that all powers, 
rights, and duties conferred or imposed by the customs laws 
upon any officer or employee of the Treasury Department shall, 
for the purposes of this Act, be exercised or performed by the 
Secretary or by such persons as the Secretary may designate.
  (d) Regulations.--The Secretary, after consultation with the 
Secretary of the Treasury, the Secretary of Health and Human 
Services, and the United States Trade Representative, shall 
prescribe regulations that are necessary and appropriate to 
carry out the purposes of 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 same 
manner such Secretaries carry out enforcement activities under 
section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 
1540(e)).

SEC. [7.] 8. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Fund 
$10,000,000 for each of fiscal years 1996, 1997, 1998, 1999, 
and 2000 to carry out this Act, to remain available until 
expended.