HR 6021: Archie Cavanaugh Migratory Bird Treaty Clarification Act

HR 6021 in plain English: This bill clarifies that the Migratory Bird Treaty Act of 1918 does not prohibit Alaska Natives from possessing, selling, or trading authentic handicrafts, clothing, or art that contain nonedible migratory bird parts, as long as the bird was not taken wastefully or illegally. It also directs the State Department and Interior Department to update international procedures and federal regulations accordingly.

Stated purpose

This bill aims to clarify that Alaska Native handicrafts, clothing, and art containing parts of migratory birds (that are not eaten) can legally be bought, sold, and traded under the Migratory Bird Treaty Act, as long as the birds were not taken wastefully or illegally. It also directs the U.S. government to work with treaty partner countries to formally recognize this practice.

Key points

• Exempts Alaska Native handicrafts, clothing, and art containing nonedible migratory bird parts from Migratory Bird Treaty Act prohibitions.
• Requires the bird used in such items to not have been taken wastefully or illegally.
• Directs the State Department to work with treaty partner countries to clarify treatment of these Alaska Native items.
• Requires the Interior Department to update federal regulations to reflect the new exemption.

Arguments supporters make

• Alaska Native cultural traditions have long included using migratory bird parts in art and clothing, and this bill simply removes legal ambiguity that unfairly threatens those traditions.
• The bill includes safeguards — birds must not be taken wastefully or illegally, and species in decline can be removed from coverage — so wildlife protection is not sacrificed.
• Allowing Alaska Natives to sell their authentic handicrafts supports Indigenous economic self-sufficiency and the preservation of traditional craftsmanship.

Arguments opponents make

• Permitting commercial sale of migratory bird parts, even in handicrafts, could make it harder to enforce wildlife protections and potentially open the door to abuse or fraudulent 'authenticity' claims.
• Renegotiating treaty procedures with Japan and other partners adds diplomatic complexity and may not fully resolve legal uncertainty if those countries do not agree to updated terms.
• Defining and verifying 'authentic' Alaska Native handicrafts involves bureaucratic judgment calls that could be inconsistent or burdensome to implement fairly.

Tradeoffs

Expanding legal protections for Alaska Native cultural and commercial practices involving migratory bird parts means accepting some added difficulty in enforcing wildlife trade laws and verifying authenticity; stricter wildlife protections would limit Indigenous artisans' ability to practice and profit from traditional crafts.

Current status in Congress: Passed House.

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