H.R. 9631: Bear Poaching Elimination Act

This bill, called the Bear Poaching Elimination Act, would make it illegal to trade in bear internal organs and body fluids, including gallbladders and their contents, as well as any products that contain or are advertised as containing bear viscera.

What the bill prohibits

The bill would ban:

• Importing bear viscera or bear viscera products into the United States.
• Exporting these items from the United States.
• Selling, bartering, buying, possessing, transporting, delivering, or receiving them in interstate or foreign commerce.

Limited exception

The bill includes a narrow exception for wildlife law enforcement. Certain government or other authorized personnel could handle these items only when doing so solely to enforce wildlife protection laws, and only when any required CITES permit is in place.

Penalties and enforcement

Someone who knowingly violates the ban could face:

• Criminal penalties of a fine, up to one year in prison, or both.
• Civil penalties of up to $25,000 per violation.
• Seizure and forfeiture of the illegal bear viscera or products.

The Secretary of the Interior would be responsible for issuing regulations to carry out the law, working with the Treasury Department and the U.S. Trade Representative. Enforcement would be handled using procedures similar to those used under the Endangered Species Act.

International discussions

The bill would also direct the Secretary to continue discussions with other countries about bear viscera trade, including countries that are parties to CITES and certain non-party countries that are major importers, exporters, or consumers of bear viscera or related products.

What the bill would not change

The bill says it would not affect:

• State rules on managing local bear populations.
• Legal bear hunting under state law.
• The use of bear viscera or related products in traditional Native American rituals or ceremonies.

Relevant Companies

None found