[House Report 113-578]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-578
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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
* * * * * * *
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.
* * * * * * *