This bill clarifies the Migratory Bird Treaty Act to ensure that Alaska Native handicrafts containing nonedible migratory bird parts can be possessed, sold, traded, or shipped without penalty, provided the bird parts were not obtained wastefully or illegally, and directs the State and Interior departments to establish bilateral agreements to support this.
Dan Sullivan
Senator
AK
The "Archie Cavanaugh Migratory Bird Treaty Amendment Act" clarifies the Migratory Bird Treaty Act to ensure that Alaska Native handicrafts containing nonedible migratory bird parts can be possessed, sold, traded, or shipped without violating the Act, provided the bird parts were not obtained wastefully or illegally. It defines "Alaska Native" and "authentic Alaska Native article of handicraft" and directs the Secretaries of State and Interior to establish bilateral procedures with relevant countries to clarify the treatment of these handicrafts. The Act also mandates updates to the Migratory Bird Treaty Act's regulations to align with these amendments.
Migratory Bird Treaty Act Tweaked to Protect Alaska Native Handicrafts: New Rules Roll Out Within 180 Days
The Archie Cavanaugh Migratory Bird Treaty Amendment Act clarifies a long-standing gray area for Alaska Native artisans. This bill basically says that traditional handicrafts made with non-edible parts of migratory birds (like feathers) are legal to possess, sell, and trade, as long as the bird parts weren't obtained illegally or by wasting the animal. This is a big deal because it protects cultural practices that have been around for centuries, while still upholding the core purpose of the Migratory Bird Treaty Act – protecting bird populations.
Crafting Clearer Rules
This bill isn't just a quick fix; it sets up some important definitions and procedures. First, it clearly defines "Alaska Native"—you'll need a Tribal enrollment card, a Certificate of Degree of Indian Blood from the Bureau of Indian Affairs, or a permit from the Alaska State Council on the Arts' Silver Hand program. It also defines what counts as an "authentic Alaska Native article of handicraft." Think weavings, carvings, and clothing made primarily by Alaska Natives using traditional methods, and importantly, not mass-produced copies. The natural materials should be "found, foraged, or gifted" (Section 3). This means a craftsman can't go out and hunt a bird just for its feathers to make crafts to sell, but a feather found on the ground or gifted by another is acceptable.
Real-World Impact
Imagine an Alaska Native artist who creates intricate woven baskets that incorporate feathers. Under the old, unclear rules, they might have worried about whether selling these baskets was legal. This bill removes that uncertainty. It means artisans can continue their cultural traditions and earn a living without fear of running afoul of the law. It also means buyers can purchase these unique items with confidence, knowing they're supporting authentic Native art.
International Coordination & Future Steps
The bill also requires the Secretary of State and the Secretary of the Interior to work with Canada, Mexico, Japan, and Russia (all countries the U.S. has migratory bird treaties with) to make sure everyone's on the same page about these handicrafts. This needs to happen within 180 days of the bill becoming law (Section 3). Plus, the Secretary of the Interior has to update the regulations for the Migratory Bird Treaty Act to reflect these changes, making everything official and consistent.
###Looking Ahead
While the bill is designed to protect cultural practices, there's always a need for careful monitoring. The bill specifically states that the bird parts used cannot be obtained wastefully or illegally. Preventing any misuse will be key to ensuring the law serves its intended purpose: balancing conservation with the rights of Alaska Natives to continue their cultural heritage. The definition of "Alaska Native" could also be a point of focus, to ensure that those who are truly practicing traditional crafts are the ones benefiting from this clarification, and not those falsely claiming indigeneity.