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 illegally or wastefully. It also directs the State Department to work with Interior to update international agreements and requires Interior to revise related regulations accordingly.

Stated purpose

This bill aims to clarify that the Migratory Bird Treaty Act does not prohibit Alaska Native people from possessing, selling, or trading authentic handmade goods that contain nonedible migratory bird parts, as long as the birds were not taken wastefully or illegally. It also directs the U.S. government to work with treaty partner countries and update regulations accordingly.

Key points

• Exempts authentic Alaska Native handicrafts, clothing, and art containing nonedible migratory bird parts from Migratory Bird Treaty Act prohibitions.
• Applies only when the bird was not taken in a wasteful or illegal manner.
• Requires the State Department and Interior Department to update bilateral procedures with treaty partner countries.
• Directs the Interior Department to revise existing regulations to reflect the new exemption.

Arguments supporters make

• Alaska Native people have used migratory bird parts in traditional crafts for generations, and this bill removes legal uncertainty that has unfairly restricted their ability to sell their cultural heritage.
• The bill includes strong safeguards — birds must be taken legally and non-wastefully, items must be certified as authentic, and species showing population declines can be removed from the exemption — so wildlife is still protected.
• Allowing Alaska Native artisans to sell their traditional work supports Indigenous economic self-sufficiency and preserves cultural practices that might otherwise be lost.

Arguments opponents make

• Expanding commercial trade in migratory bird parts, even with restrictions, could make it harder for wildlife authorities to detect and stop illegal trafficking of protected birds.
• Enforcement of authenticity requirements and 'non-wasteful taking' conditions may be difficult in practice, potentially creating loopholes that bad actors could exploit.
• Some migratory bird species covered by the U.S.-Japan treaty face ongoing conservation pressures, and loosening restrictions on commercial use — even narrowly — adds risk to species that cross international boundaries and require coordinated protection.

Tradeoffs

The bill seeks to honor Indigenous cultural and economic rights by easing trade restrictions on traditional crafts, but doing so requires balancing those rights against international wildlife treaty commitments and the practical challenge of enforcing authenticity and conservation safeguards.

Current status in Congress: In committee.

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