Nicholas J. Begich III

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Mr. Speaker, H.R. 6021, the Archie Cavanaugh Migratory Bird Treaty Clarification Act, addresses a narrow but consequential gap in Federal law that has criminalized longstanding Alaska Native artistic and cultural traditions for more than a century. The Migratory Bird Treaty Act implements four separate international agreements with Canada, Mexico, Japan, and Russia. These treaties, however, do not always line up with each other. The treaties with Japan and Russia recognize the subsistence needs of indigenous peoples. The earlier treaties with Canada and Mexico did not provide the same protections. These gaps have had real consequences for Alaska Natives. Because the courts have required the Fish and Wildlife Service to apply the most restrictive of the four treaties across the board--in this case, our treaty with Japan--an Alaska Native artist who sells a traditional handicraft containing a raven feather or woodpecker feather can face up to 5 years in prison and a $10,000 fine. That is not conservation. That is not what these treaties were meant to do. It is not something the Alaska Native community should have to live with. Archie Cavanaugh was a Tlingit artist from Juneau. In 2012, he was prosecuted under the Migratory Bird Treaty Act for selling a headdress and a hat containing feathers consistent with cultural practices going back generations. His case became a symbol of how badly the current framework fits Alaska. This bill clarifies that the sale and shipment of authentic Alaska Native handicrafts containing nonedible migratory bird parts is not a Federal crime, provided the parts were not taken in a wasteful or illegal manner. It contains species protection safeguards. It respects the existing co-management structure within the Alaska Migratory Bird Co- Management Council. The bill directs the Department of State and the Department of the Interior to work with our treaty partner to update the international framework so that Federal regulation and treaty text finally line up. Mr. Speaker, I urge the House to support this bill.