,,ii #aafth ,,congress #b;d ,session ,s4 #caif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ae1 #bjbj,mr4 ,kennedy 7for himself and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to conserve global bear populations by prohibiting the importation1 exportation1 and interstate trade of bear viscera and items1 products1 or substances containing1 or labeled or advertised as containing1 bear viscera1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,bear ,protection ,act of #bjbj4 #b4 ,findings ,congress finds that-- 7#a7 all #h extant species of bear--,asian black bear1 brown bear1 polar bear1 ,american black bear1 spectacled bear1 giant panda1 sun bear1 and sloth bear--are listed on appendix ,i or ,,ii of ,,cites2 7#b7 ,article ,,xiv of ,,cites provides that ,parties to ,,cites may adopt stricter domestic measures regarding the conditions for trade1 taking1 possession1 or transport of species listed on appendix ,i or ,,ii of ,,cites1 and the ,parties to ,,cites adopted a resolution in #aiig 7,conf4 #aj4h7 urging the ,parties to take immediate action to demonstrably reduce the illegal trade in bear parts2 7#c7 thousands of bears in ,asia are cruelly confined in small cages to be milked for their bile1 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 cosmetics2 7#d7 ,federal and ,state undercover operations have revealed that ,american bears have been poached for their viscera2 7#e7 while most ,american black bear populations are generally stable or increasing1 commercial trade could stimulate poaching and threaten certain populations if the demand for bear viscera increases2 and 7#f7 prohibitions against the importation into the ,united ,states and exportation from the ,united ,states1 as well as prohibitions against the interstate trade1 of bear viscera and products containing1 or labeled or advertised as containing1 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 viscera4 #c4 ,purposes ,the purpose of this ,act is to ensure the long-term viability of the #h bear species of the world by-- 7#a7 prohibiting interstate and international trade in bear viscera and products containing1 or labeled or advertised as containing1 bear viscera2 7#b7 encouraging bilateral and multilateral efforts to eliminate that trade2 and 7#c7 ensuring that adequate ,federal legislation exists with respect to domestic trade in bear viscera and products containing1 or labeled or advertised as containing1 bear viscera4 #d4 ,definitions ,in this ,act3 7#a7 ,bear viscera ,the term bear viscera means the body fluids or internal organs1 including the gallbladder and the contents of the gallbladder1 but not including the blood or brains1 of a species of bear4 7#b7 ,,cites ,the term ,,cites means the ,convention on ,international ,trade in ,endangered ,species of ,wild ,fauna and ,flora 7#bg ,,ust #ajhg2 ,,tias #hbdi74 7#c7 ,import ,the term import means to land on1 bring into1 or introduce into any place subject to the jurisdiction of the ,united ,states1 whether or not the landing1 bringing1 or introduction constitutes an importation within the meaning of the customs laws of the ,united ,states4 7#d7 ,person ,the term person means-- 7,a7 an individual1 corporation1 partnership1 trust1 association1 or other private entity2 7,b7 an officer1 employee1 agent1 department1 or instrumentality of-- 7i7 the ,federal ,government2 7ii7 any ,state1 municipality1 or political subdivision of a ,state2 or 7iii7 any foreign government2 and 7,c7 any other entity subject to the jurisdiction of the ,united ,states4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#f7 ,state ,the term ,state means a ,state1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 ,american ,samoa1 and any other territory1 commonwealth1 or possession of the ,united ,states4 7#g7 ,transport ,the term transport means-- 7,a7 to move1 convey1 carry1 or ship by any means2 and 7,b7 to deliver or receive for the purpose of movement1 conveyance1 carriage1 or shipment4 #e4 ,prohibited acts 7a7 ,in general ,except as provided in subsection 7b71 it shall be unlawful for a person to knowingly-- 7#a7 import into1 or export from1 the ,united ,states bear viscera or any product1 item1 or substance containing1 or labeled or advertised as containing1 bear viscera2 or 7#b7 sell or barter1 offer to sell or barter1 purchase1 possess1 transport1 deliver1 or receive1 in interstate or foreign commerce1 bear viscera or any product1 item1 or substance containing1 or labeled or advertised as containing1 bear viscera4 7b7 ,exception for wildlife law enforcement purposes ,a person described in section #d7d77;,b7 may import into1 or export from1 the ,united ,states1 or transport between ,states1 bear viscera or any product1 item1 or substance containing1 or labeled or advertised as containing1 bear viscera if the importation1 exportation1 or transportation-- 7#a7 is solely for purposes of enforcing laws relating to the protection of wildlife2 and 7#b7 is authorized by a valid permit issued under appendix ,i or ,,ii of ,,cites1 in any case in which such a permit is required under ,,cites4 #f4 ,penalties and enforcement 7a7 ,criminal penalties ,a person that violates section #e shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #a year1 or both4 7b7 ,civil penalties 7#a7 ,amount ,a person that violates section #e may be assessed a civil penalty by the ,secretary of not more than #be1jjj for each violation4 7#b7 ,manner of assessment and collection ,a civil penalty under this subsection shall be assessed1 and may be collected1 in the manner in which a civil penalty under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 may be assessed and collected under section #aa7;a7 of that ,act 7#af ,u4,s4,c4 #aedj7;a774 7c7 ,seizure and forfeiture ,any bear viscera or any product1 item1 or substance exported1 imported1 sold1 bartered1 attempted to be exported1 imported1 sold1 or bartered1 offered for sale or barter1 purchased1 possessed1 transported1 delivered1 or received in violation of this section 7including any regulation issued under this section7 shall be seized and forfeited to the ,united ,states4 7d7 ,regulations ,after consultation with the ,secretary of the ,treasury and the ,united ,states ,trade ,representative1 the ,secretary shall issue such regulations as are necessary to carry out this section4 7e7 ,enforcement ,the ,secretary1 the ,secretary of the ,treasury1 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 #aa7;e7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7;e774 7f7 ,use of penalty amounts ,amounts received as penalties1 fines1 or forfeiture of property under this section shall be used in accordance with section #f7;d7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccge7;d774 #g4 ,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 importers1 exporters1 or consumers of bear viscera1 to seek to establish coordinated efforts with those countries to protect bears4 #h4 ,certain rights not affected ,except as provided in section #e1 nothing in this ,act affects-- 7#a7 the regulation by any ,state of the bear population of that ,state2 or 7#b7 the hunting of bears that is lawful under applicable ,state laws 7including regulations74