[Congressional Record Volume 160, Number 127 (Monday, September 8, 2014)]
[House]
[Pages H7269-H7270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  MIGRATORY BIRD TREATY ACT AMENDMENTS

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3109) to amend the Migratory Bird Treaty Act to 
exempt certain Alaskan Native articles from prohibitions against sale 
of items containing nonedible migratory bird parts, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3109

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXEMPTION FROM PROHIBITIONS FOR ALASKAN NATIVE 
                   ARTICLES CONTAINING MIGRATORY BIRD PARTS.

       Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) 
     is amended by adding at the end the following:
       ``(c) Exemption for Authentic Alaskan Native Articles of 
     Handicraft or Clothing.--
       ``(1) In general.--Notwithstanding any other provisions of 
     this Act, nothing in this Act prohibits possession, offering 
     for sale, sale, offering to barter, barter, offering to 
     purchase, purchase, delivery for shipment, shipment, causing 
     to be shipped, delivered for transportation, transport or 
     causing to be transported, carrying or causing to be carried, 
     or receiving for shipment, transportation, or carriage, any 
     authentic Alaskan Native article of handicraft or clothing on 
     the basis that it contains a nonedible migratory bird part.
       ``(2) Limitation.--This subsection shall not apply with 
     respect to any handicraft or clothing containing any part of 
     a migratory bird that was taken in a wasteful manner.
       ``(3) Definitions.--In this subsection:
       ``(A) Alaskan native.--The term `Alaskan Native' means any 
     Indian, Aleut, or Eskimo who resides in Alaska.
       ``(B) Authentic alaskan native article of handicraft or 
     clothing.--The term `authentic Alaskan Native article of 
     handicraft or clothing'--
       ``(i) means any item that is--

       ``(I) composed wholly or in some significant respect of 
     natural materials; and
       ``(II) produced, decorated, or fashioned by an Alaskan 
     Native, in the exercise of traditional Alaskan Native 
     handicrafts, without the use of any pantograph or other mass 
     copying device; and

       ``(ii) includes any weaving, carving, stitching, sewing, 
     lacing, beading, drawing, or painting described in clause 
     (i), or any combination thereof.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentleman from California (Mr. Lowenthal) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Alaska.

[[Page H7270]]

                             General Leave

  Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alaska?
  There was no objection.
  Mr. YOUNG of Alaska. I yield myself such time as I may consume.
  Mr. Speaker, since 1918, the United States has signed four migratory 
bird treaties with Canada, Mexico, Japan, and Russia. In 1997, the 
Canada and Mexico treaties were revised to allow Alaska Natives to 
harvest for subsistence use protected migratory birds during the so-
called closed season.
  Unfortunately, when implementing the treaty language, Congress failed 
to clarify that the nonedible parts of the harvested migratory bird 
could be sold in commercial products. As a result, what we have today 
is a bizarre policy that allows Alaska Natives to hunt, kill, consume, 
and to also use nonedible parts in handicraft items, but prohibits them 
from selling those handicrafts.
  However, the Fish and Wildlife Service has now decided to cite Alaska 
Native artists who use migratory bird feathers in a variety of items, 
including hats, fans, and hunting arrows. It is not illegal to simply 
throw away these nonedible migratory bird parts.
  According to Ms. Jacqueline Pata, the vice chair of the Sealaska 
Corporation, there are less than 500 traditional artists and a much 
fewer number that use nonedible parts of migratory birds. In her 
testimony, she noted that this legislation parallels the existing 
exemption in the Marine Mammal Protection Act and that ``all we are 
asking is to be able to begin helping ourselves in a very small way by 
providing a modest income to severely impoverished communities through 
a traditional means.''
  Mr. Speaker, the Fish and Wildlife Service could have revised their 
regulations, they could have worked with the Alaska Migratory Bird Co-
Management Council, and they could have continued to utilize their law 
enforcement discretion. In each case, they chose not to; instead, they 
decided to penalize a Native Alaskan artist who used raven and flicker 
feathers gathered from road-killed animals.
  This is a misguided and wrong policy. This is why I introduced this 
important legislation on behalf of my Native Alaskan constituents.
  I urge an ``aye'' vote on H.R. 3109, and I reserve the balance of my 
time.
  Mr. LOWENTHAL. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. LOWENTHAL asked and was given permission to revise and extend 
his remarks.)
  Mr. LOWENTHAL. Mr. Speaker, this bill would provide an exemption to 
the Migratory Bird Treaty Act, the MBTA, for the sale of Alaskan Native 
handicrafts that seems consistent with exemptions provided to Alaska 
Natives in other important conservation laws, like the Endangered 
Species Act and the Marine Mammal Protection Act.
  However, the MBTA is distinct from these other laws because it 
actually implements four separate treaties between the United States 
and Canada, Mexico, Japan, and Russia; and it remains unclear if 
amending the MBTA, as proposed by Mr. Young's bill, would violate our 
treaty obligations to the other implementing nations.
  During our legislative hearing on this bill, the committee heard 
testimony from the Fish and Wildlife Service that the State Department 
should be consulted on any proposed amendments to the MBTA. However, we 
have not heard from the Fish and Wildlife Service or the State 
Department since that time.
  I support the rights of Alaskan Natives to create and sell 
traditional handicrafts. So while I feel it is important that we 
consider the impact that this bill may have on other existing treaty 
obligations, I will support this bill.
  With that, I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska (Mr. Young) that the House suspend the rules and 
pass the bill, H.R. 3109.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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