[House Report 113-578]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-578

======================================================================



 
  EXEMPTION FROM PROHIBITIONS FOR ALASKAN NATIVE ARTICLES CONTAINING 
                          MIGRATORY BIRD PARTS

                                _______
                                

 September 8, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3109]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
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, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3109 is to amend the Migratory Bird 
Treaty Act to exempt certain Alaskan Native articles from 
prohibitions against sale of items containing nonedible 
migratory bird parts.

                  Background and Need for Legislation

    In 1916, the United States and Great Britain (for Canada) 
signed the Convention for the Protection of Migratory Birds. 
The goal of this agreement was to establish an international 
framework for the protection and conservation of migratory 
birds. It also established the federal government's authority 
to manage migratory birds. Under the Migratory Bird Treaty, 
unless permitted by regulation, it is unlawful at any time to 
``pursue, hunt, take, capture, kill, possess, offer for sale, 
sell, offer to purchase, purchase, deliver for shipment, 
export, import any migratory bird, any part, nest, or egg of 
such bird'' protected under the Convention. Migratory bird 
treaties have also been implemented with Mexico in 1936, Japan 
in 1972 and Russia in 1976. Congress implemented the provisions 
of the original treaty with the enactment of the Migratory Bird 
Treaty Act of 1918 (16 U.S.C. 701 et seq.).
    The term ``migratory bird'' includes all wild species of 
crows, ducks, falcons, geese, hawks, snipes, woodcocks and 
mourning and white-winged doves. There are 972 avian species 
protected by the Migratory Bird Treaty Act. The Fish and 
Wildlife Service (FWS) regulates most aspects of the taking, 
possession, transportation, sale, purchase, barter, export and 
import of migratory birds. It has promulgated regulations 
containing restrictions on the ``taking'' of migratory birds, 
including what species can be hunted, the length of hunting 
seasons, bag limits and the use of live decoys or other 
techniques to hunt migratory birds.
    While the bilateral treaties with Japan and Russia 
recognized the legitimate subsistence needs of indigenous 
people, the 1916 and 1936 treaties with Canada and Mexico did 
not. As a result, federal courts prevented the implementation 
of any subsistence rights because they interpreted the 
Migratory Bird Treaty Act as requiring the federal government 
to follow the most restrictive provisions of any of the four 
international agreements.
    Under the 1916 Convention with Canada there is a ``closed 
season'' from March 10 to September 1 during which no hunting 
is permitted except in extremely limited circumstances. The 
1936 Convention with Mexico established a similar ``closed 
season'' for ducks. In Alaska, migratory birds have left large 
areas of northern, western and interior regions of the State by 
mid-September and in these areas they generally do not return 
before March 10. As a consequence, much of the traditional 
harvest of migratory birds, which has occurred for thousands of 
years in rural Alaska, had occurred during the closed portion 
of the year.
    An effort to update these international treaties was 
initiated in the 1970s and it culminated with the signing of 
the Protocol between the United States and Canada on December 
14, 1995, and the Protocol between the United States and Mexico 
which was signed on May 5, 1997. The fundamental goal of these 
Protocols was to allow aboriginal and indigenous peoples to 
legally hunt protected migratory birds for subsistence and 
traditional uses in Alaska and Canada. On October 23, 1997, the 
United States Senate approved the Protocols amending the 
Migratory Bird Treaties with Canada and Mexico.
    Regrettably, when implementing the treaty language, 
Congress failed to clarify that non-edible parts of the harvest 
migratory bird could be sold in commercial products. As a 
result, FWS issued regulations (50 CFR 92.6) that prohibit the 
sale or purchase of migratory bird parts, including feathers 
and parts of birds taken for subsistence. In fact, in 2012, a 
native Alaskan carver was fined $2,000 for violating the 
Migratory Bird Treaty Act for using feathers in his handicraft 
products.
    In 2012, the Alaska Federation of Natives adopted a 
Resolution that urged the State of Alaska and FWS to revise its 
existing regulations to allow Alaskan natives to sell 
traditional handicrafts containing feathers or parts of 
migratory birds. To date, FWS has not recommended any changes 
to its regulations despite the fact that non-edible bird parts 
are routinely discarded. In addition, FWS has recently voted 
not to modify these regulations during a meeting of the Alaska 
Migratory Bird Co-Management Council.
    This legislation would amend the Migratory Bird Treaty Act 
to exempt certain Alaskan Native articles from the prohibitions 
on the sale of items containing nonedible migratory bird parts. 
It defines the term Alaskan native to include any Indian, 
Aleut, or Eskimo who resides in Alaska. It stipulates that 
authentic Alaskan native articles or handicrafts include 
beading, carving, drawing, lacing, painting, sewing, stitching 
and weaving or any combination thereof. Finally, the exemption 
will not apply to any handicraft containing any part of a 
migratory bird that was taken in a wasteful manner. This 
exception is consistent with a similar provision in the Marine 
Mammal Protection Act.

                            Committee Action

    H.R. 3109 was introduced on September 17, 2013, by 
Congressman Don Young (R-AK). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Fisheries, Wildlife, Oceans and Insular 
Affairs. On July 23, 2014, the Subcommittee held a hearing on 
the bill. On July 30, 2014, the Full Natural Resources 
Committee met to consider the bill. The Subcommittee on 
Fisheries, Wildlife, Oceans and Insular Affairs was discharged 
by unanimous consent. No amendments were offered and the bill 
was adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 3109--A bill 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

    H.R. 3109 would amend the Migratory Bird Treaty Act to 
allow Alaskan Natives to make and sell traditional handicrafts 
such as masks, jewelry, clothing, and hunting equipment that 
are made from parts of migratory birds, particularly feathers. 
CBO estimates that implementing the bill would not have a 
significant effect on the federal budget.
    Because enacting the legislation could reduce revenues and 
associated direct spending from civil and criminal penalties, 
pay-as-you-go procedures apply. However, CBO estimates that any 
such effects would be negligible.
    H.R. 3109 contains no intergovernment or private-sector 
mandates as defined in the Unfunded Mandates Reform act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Peter H. Fontaine, Assistant Director 
for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. Because enacting the legislation 
could reduce revenues and associated direct spending from civil 
and criminal penalties, pay-as-you-go procedures apply. 
However, CBO estimates that any such effects would be 
negligible.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Migratory Bird Treaty 
Act to exempt certain Alaskan Native articles from prohibitions 
against sale of items containing nonedible migratory bird 
parts.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

MIGRATORY BIRD TREATY ACT

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  Sec. 2. (a) * * *

           *       *       *       *       *       *       *

  (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.

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