H.R. 9631 — Bear Poaching Elimination Act

This section finds that all eight extant bear species are listed in CITES appendix I or II, that thousands of bears in Asia are confined for bile extraction amid declining populations from poaching and habitat loss, and that U.S. bans on the importation, exportation, and interstate trade of bear viscera and products would prevent the United States from contributing to bear population declines.

This section establishes the purposes of the Act to ensure the long-term viability of the eight extant bear species by prohibiting interstate and international trade in bear viscera and bear viscera products, encouraging bilateral and multilateral efforts to eliminate such trade, and ensuring adequate federal legislation exists for domestic trade in those items.

This section defines terms used in the Act, including bear viscera as body fluids or internal organs of a bear species (excluding blood or brains), bear viscera product as any item containing or labeled as containing such material, CITES as the Convention on International Trade in Endangered Species, import as landing or bringing into U.S. jurisdiction, person as individuals or entities subject to U.S. jurisdiction, Secretary as the Secretary of the Interior, and State as the states, District of Columbia, and U.S. territories.

This section prohibits the import into or export from the United States of bear viscera or any bear viscera product. It also prohibits the sale, barter, purchase, possession, transport, delivery, or receipt of such items in interstate or foreign commerce, except when a person authorized under CITES carries out the activity solely for wildlife law enforcement and holds a required CITES permit.

This section establishes criminal penalties of fines under title 18 and imprisonment for up to 1 year, or both, for knowing violations of section 5(a). It authorizes civil penalties of up to $25,000 per violation, seizure and forfeiture of violating bear viscera or products, and enforcement by the Secretary, the Secretary of the Treasury, and the Coast Guard, with collected sums used as under the Lacey Act.

This section directs the Secretary to continue discussions on trade in bear viscera and bear viscera products with CITES parties and with non-parties identified by the Secretary and the United States Trade Representative as leading importers, exporters, or consumers of such products, in order to establish coordinated efforts to protect bears.

This section preserves state authority to regulate bear populations and to permit the hunting of bears under state law. It also permits the use of bear viscera or bear viscera products in traditional Native American rituals or ceremonies.